That apartment in the Judge's house temporarily converted into a court-room, by three o'clock was filled almost to suffocation with the people of Fairview and vicinity. In the center was a rude table, on which reposed the body of the murdered man, it having been examined by a surgeon, and the ball extracted from the deadly wound. On one side of the table stood the prisoner, and on the other his accuser, while a few feet distant sat the Judge, and near him, counsel for both sides.
When Alicia entered the court-room, it was observed that the prisoner started violently, and that his brow contracted into a sullen gloom. The murmur that arose upon her appearance soon subsided, and an anxious silence prevailed in the assembly, while the proper officers proceeded to open court.
Allen was first examined, and related the interview with the prisoner as it occurred, as also the circumstances of the death of Edwards; forbearing to refer to the warning given him previously by the prisoner's daughter. Other persons testified to a knowledge of the dispute concerning the boundary of the Newcome claim; and also that the prisoner had often, spoken very angrily about the owners of the adjoining claim.
Alicia Newcome was then sworn. People murmured as they observed how pale and frightened she looked, and saw the entreating glances she cast upon her father. They also noticed that he kept his eyes constantly averted. The witness testified, in a voice hardly audible from agitation, that her father had spoken very excitedly on the subject of the dispute the night previous; that he had said he would pull up the stakes of the other claimants; that he had even threatened to shoot them—the claimants. Also, that he was a man of irritable temper, and sometimes threatened her; and she raised her voice a little as she added, of her own accord, "but he never struck me when he has threatened, and so I do not think his anger is of a dangerous kind."
There was some cross-questioning, and inquiries into the nature of the wound, from which it appeared that, the extracted ball fitted the prisoner's gun and also that the gun when taken was empty, and had been recently fired.
Counsel for defense, reminded the first witness that he had stated that there were two shots fired almost simultaneously. "Did witness see who fired either of them?"
"No."
"Was there any apparent difference in the nearness of the reports?"
"Now that I am reminded of it, I think I noticed a difference at the time."
"Which shot was it, first or last, that took effect on Dr. Edwards?"
"I could not say. I had heard both before he fell."
Counsel for prosecution then desired to know what direction the
