Curlee

At the trial, one Austin Brown, a witness for the prosecution, gave evidence tending strongly to inculpate the defendant as *605 one of the parties who committed the murder of which he is accused by the indictment. He testifies that a very short time prior to the murder of More he had a conversation with Sprague, in which the latter said : “ ‘ What are we going to do with More ? He has threatened to take the water away and turn his sheep loose on us, to eat us up.’ I told him I didn’t know; I had nothing'to do with Tom More anyway. I said: ‘ Some time ago you made the remark, “ He ought to be killed, and would have been long ago if anybody had been detailed to kill him,” and perhaps some of these squatters may detail you to kill him.’ He says, ‘ That is what I want to see you about. There is a party organized to kill More, and I have come to see if you will go with us.’ I asked who the party was. He says, John Curlee, Jesse Jones, Pete Ewanson, Henry Cook, Mr. Churchill, and himself. I told him I didn’t care about being mixed up in the killing of a man. ‘ Oh,’ he says, ‘ I will do the killing myself. All I want of you is to stand guard.’ I asked him where he wanted a guard, and he…