People v. Curlee

By the Court: 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 said, ' We want a guard at the shop, at the granary, and at the house, to keep all at bay, should there be any there from the sheep camp.’ I said, ‘ They will see you. and know you.’ ‘ Oh, no,’ he says, ‘ we have a disguise fixed. Take a gunny-sack, and cut some holes in it for your head and arms, and throw a cloth over your "head, and they won’t know you.’ Says I, ‘ How is this thing to be done?’ ‘We have it all planned and fixed,’ he says. ' We have a ball saturated with turpentine, and when it is set on fire we throw it into the barn, and when the barn is on fire that will draw him out, and I will shoot him.’ I says: ‘ They will see you and know you.’ ‘ Ho,’ be says, ‘ we have a disguise fixed.’ Then I says: ‘ Where do you meet ? at More’s house?’ ‘Ho,’he says,‘we have a place of meeting near a little slough, between Lawton’s house and mine, and the time of meeting is about ten o’clock, and as you approach the slough you give a low whistle, and it will be answered, and some one will come out and show you where we are.’ I told him I could not promise to be there. My wife did not like to stay alone nights, and if I was away she wanted to know where I was and what I was doing. He says: ‘If it is possible for you to be [606]