Horace McLain . . . the following weapons and clothing have been delivered to the Sheriff for safe keeping. . . one 32 Colt Pistol taken from Buster Ellebre . . . In my opinion the defendant was (was not) under influences of liquor when arrested, or first seen after homicide. Explain he was not under influences of liquor . . . In my opinion deceased was about 22 years of age, weighted 150 pounds
Amy Brown DULY, SWORN, TESTIFIED: . . . Q. What was he shooting with? A. A 36 Colt. Q. Tell the jury what happened. A. Friday I got Albert Jenkins to walk home with me, to Buster Ellebre's house. When we got there they had company in the kitchen. Buster's wife was in the next room. We went through that room and walked around to the next room and listened to the radio. After Buster's company left, he came in there and said, "Amy, where's Alice?" I said, "I don't know." He said, "I guess you and Albert is satisfied, you done slipped Alice out of here." I said, "I didn't" Then I said, "Alice is grown, I don't have to slip her anywhere." He said, "If you say that again, Ill kill you." I said, "Well, she is grown, you know she's grown." Albert didn't way a word. Then Buster shot me in this arm, my right arm. And then he shot me in the breast and in this arm. Then I tried to run out. He said, "Come back here, where you going?" I jumped off the porch and he was behind me. Just as I got close to the fence, he came around the corner and shot again, I run out the front -- out to Front street and fell. That's all I know. Q. Who did he shoot first? A. Me. Q. Were you there when he shot Albert. A. Yes. Q. What got Albert? A. When it was over he was lying under the bed. . . . Q. Wasn't there a girl under the bed with Albert when they found him. A. That was Buster's daughter. Q. What were they doing under the bed? A. Trying to dodge the shots, I guess. Q. And it all happened over him being dissatisfied about you coming to his house and taking his wife off> A. I didn't take her off . . .