Court met on Larimer street at 2 o'clock yesterday, P. M., when in consequence of the coolness of the atmosphere, a motion was made and carried to adjourn to Criterion Hall.
    Judges--Col. Person, Gen. Marshall and E. H. Hart.
    Counsel for the People--Judge Bennett, Judge J. Bright Smith and Gen Bowen.
    For the Prisoner--C. P. Hall and C. C. Carpenter.
    The following is the indictment as presented by the People.

    The following gentlemen were elected as a jury:

    The case was opened by Gen. Bowen, who briefly recapitulated the events antecedent and subsequent to the murder, having a bearing on the case. He expected to prove that Thomas Freeman was murdered in cold blood on or about the 29th of Nov., near Fort Lupton, by Patrick Waters.
    Joseph Johnson sworn.--I reside at Mr. Freeman's ranch; have lived there two months; was there at the time when prisoner and deceased left together to go down the river for hay; Patrick Waters sat behind Freeman in the wagon, on a box; there was a double-barreled gun in wagon; I recognize prisoner; saw body of Freeman in this room; Mr. Freeman borrowed $10 of me the day he started. [Witness identified the ramrod in the gun produced, as the one taken by Freeman.] I have seen wagon and harness used on the trip alluded to--the lines were gone; Freeman was intending to buy hay down the Platte; took Waters along at $1 a day, as Waters said he knew where hay could be bought cheap.
    Cross-examined.--Was not acquainted with Waters until he came to the ranch night before they started for hay. The peculiarity of the ramrod is the way I recognize the gun taken at the time; I had no difficulty in identifying the body of Freeman.
    Direct resumed--There was a shot-pouch and other equipments belonging to the gun. [Produced in court.] These produced are the ones Freeman had on the day he started down the Platte.
    Cross-examined--Waters was present when I loaned Freeman the $10; don't know that Waters knew Freeman came to Denver for money.
    Mr. Shortridge sworn--I reside in Denver; I know the defendant; a warrant was placed in my possession, and I overtook and arrested the prisoner at Cottonwood Springs. He asked me why I arrested him, and declared his innocence; said he knew nothing of the murder. I found in his possession no property belonging to Mr. Freeman, but on the road down found horse, over-shoes and powder flask; also found gun which Waters had given a man on the road, saying he had got in a difficulty with a man in Denver and had cut him with a knife; the horse I found was one which had been described to me as belonging to Freeman; Waters had left the horse on the road, saying that he wanted to leave it there a few days; last Sunday, about dark, started down the Platte; stopped overnight at Fort Lupton; next morning continued further down the river.
    Cross-examined--Overtook the prisoner at Cottonwood Springs; he had been there only a few hours; he did not seem much surprised when I arrested him; he made no admissions to me; the only articles I found that he had sold on the route were his overshoes; don't know that any of the property found in Waters' possession ever belonged to Freeman.
    John Wanless sworn--I have heard testimony. We found the body at a point designated by the prisoner, and covered with hay, as he had stated; spot alluded to is about thirty miles from Denver, and two miles below Fort Lupton; I was one of a committee appointed to go in search of Freeman's body; the body, I should think, was two or three hundred yards from the road; body was covered partly with hay; as I found it, prisoner came up; I stooped down and uncovered the face, and thought I discovered a bullet just underneath the skin in the cheek; when the prisoner remarked that the charge went into the back of the head; I asked Waters why he shot Freeman, and he replied that it was accidental, and that afterwards he shot him second time to put him out of his misery; Waters said he only got a few dollars from the pockets of deceased.
    Cross-examined--We used threats and intimidations to get information from Waters; a resolution was passed by the committee, that unless Waters confessed where Freeman's body was secreted, he should be hung; preparations were then made for an execution; Waters asked time to pray, which was granted; the rope was then about being placed over his head, when he said he would tell; we then came back four or five miles by prisoner's direction, and found the body; it was not the intention of the committee to hang Waters, as a pledge had been given to the citizens of Denver that the prisoner should be returned to them.
    Mr. Burns sworn--Think I know the gun now produced in court; saw it three weeks ago next Sunday, just this side of Provo's ranch, about 70 miles down the Platte; prisoner came to our ranch early in the morning, and wanted to sell a gun, over shoes, and some other articles; prisoner is the man.
    Mr. Ewing sworn--Saw this gun last Saturday, between Rock Point and Provo's Ranch, in the hands of the prisoner; he would also sell blankets, overshoes and buffalo robe, he had not been in Denver he said, but came down from Mountain City by way of cut off.
    Ned Wynkoop examined.--Spot where body was secreted was pointed out to me by Mr. Wanless; I examined the body; found thereupon a handkerchief, a box of caps, pair of gloves, and a few small pieces of silver--about 30 cents--think the change was in fob pocket of pants; overcoat on deceased was buttoned nearly to the throat; have conversed with prisoner since then; at time body was discovered, I threw hay from it, and examined it; prisoner rode alone with me in wagon; I asked him whether body was in water, or on the land--he replied on land, covered with hay; prisoner said Freeman was killed with his own double-barrel shot-gun, and that it was accidental; prisoner had, on way down, denied knowing anything about the murder, but on our way back from Fort Vasquez, he owned that he knew where the body could be found; since our return to Denver have talked with prisoner; took him behind curtains in this room and told him I thought it better for him to tell the whole truth; he replied that he would tell just how it happened; he said he was riding behind Mr. Freeman, with the gun across his lap, when it went off, accidentally; I asked him if he struck deceased after the gun was discharged, and he replied no; when prisoner was riding with me down the Platte, he remarked that if he had known Freeman was a Mason, this would never have happened.
    Cross-examined.--Was not acquainted with either Freeman or Waters before this transaction; I am acting Sheriff; I deputized Mr. Shortridge to go down the Platte after prisoner; before this I visited the vicinity of the murder, on information lodged that suspicious circumstances had transpired in that vicinity, tending to criminate occupants of a ranch; [Witness here related circumstances connected with expedition down the Platte with prisoner.] Before rope was placed around his neck, I requested committee privately not to draw him off his feet; I had previously assured Waters that no harm should be done him, and he appeared confident in consequence; he asked permission to pray, which was granted; some difficulty was experienced in the search for the body; prisoner pointed in various directions, but at length selected the right spot; when body was found only five or six were present; the prisoner came up soon after, and said "there it is," and clasped his hands together; we found ball holes in face; the shot apparently entered behind; during my conversation with Waters, I made no promises to reveal nothing he might say; I told him he had better tell the whole truth in this matter--that I thought it would go easier with him if he did; he assured me the gun accidentally exploded; on all occasions when I talked with him, he told conflicting and contradictory stories; he was told that Freeman was a Mason, and that the committee were of that Order; before we started down the Platte with prisoner, he seemed to be very uneasy, and asked to see a Priest, but after my assurance that no harm should be done him, he became more quiet; I judged from all I saw of prisoner that he was a wreck of a former better man; liquor seemed to have in a measure shattered his intellect.
    Charles Harrison sworn.--Know defendant by sight; first saw him after his arrival here; I rode alone in wagon with prisoner part of way on trip down the Platte; tried to get him to tell where body was; he said that Mr. Wanless had bewildered his mind, and he could not answer questions; the defendant, before we arrived at spot where wagon was found, looked suddenly at me, loosed his blanket, and turned his eyes toward bottom near by; we found straw and twigs clotted with blood; this morning I had a private interview with prisoner; he confessed that he had killed Freeman, and that they had quarreled about a land warrant; when we were raising body, I asked him to assist, and he said at that time, "Poor fellow; I'm sorry I killed him."
    Cross-examined.--Don't think the prisoner was much confused until after discovery of body; can't say he appeared bewildered; I am a little hard of hearing, but am positive he said, "Poor fellow; I'm sorry I killed him;" I had just laid down the body; Mr. Thomas and Mr Wanless were near by at the time.
    Dr. Farner sworn.--Never was acquainted with prisoner or deceased; I am a physician and surgeon; assisted in post-mortem examination of body of Freeman; am satisfied that the first cause of death was a blow on front of head, which fractured the skull; the gun-shot wound was given afterwards; I have balls taken from the head; [exhibited to the jury] either the blows on the skull, or the gun-shot wound would have produced death--the latter instantly.
    Cross-examined.--Think the gun must have been near the deceased's head, as the hair was scorched, and powder was forced into the flesh; found only two bullets in the head; think the balls were about the size of No. 1. buck-shot.
    John Martin sworn--Don't know defendant, only by sight, since Sunday last. Never knew deceased. I heard Waters say, as we came up to the body, that he had shot Freeman accidentally at Fort Lupton, afterwards, he said that if he had known Freeman was a Mason he would not have done this, confessed that he had shot him second time to put him out of misery.
    Cross-examined--I was present when the body was lifted in the buggy. Heard Waters say he was "sorry he had killed him." Think the prisoner not an insane man.
    Mr. Shortridge recalled--The horse has been brought to town this evening, to which I alluded in my former testimony. I exhibited this horse to Mr. Marr.
    Mr. Marr sworn--Have known Mr. Freeman five or six years. First knew him in Beloit, Wis. Have known him here. I saw a sorrel mare this evening; it was the property of Mr. Freeman. [Gun exhibited.] This gun belongs to Mr. Neeley--who loaned it to Mr. Freeman.
    Cross-examined--Sorrel mare I saw tonight, once belonged to Mr. Freeman--know that it belonged to Freeman one month since. I am familiar with the use of guns; don't know how many buck shot the gun exhibited here will "chamber."
    The prosecution here rested in the testimony.

    Mr. Sharp sworn--I have known the prisoner six or seven years. Knew him in Weston, Mo.; lived near him. Prisoner bore a good reputation for peaceableness and honesty. I never knew anything to his discredit. Have had dealings with him--he was honest, and I never knew anything wrong about him save that he, like myself and others, sometimes drinks too much whiskey.
    Mr. Murdock sworn--Knew the prisoner in Weston, Mo. He was orderly, but loved whiskey too well. Never heard anything said about him to his discredit. Did not look upon him as a disorderly man. Don't know anything of his scholarly attainments.
    Dr. Bowlby sworn--Am acquainted with prisoner; have known him some six or seven years--never knew anything wrong about him save that like all Irishmen he will get drunk occasionally.
    Here the evidence closed, and the Prosecution waived their privilege of summing up, expressing their willingness to allow the case to go to the jury without remarks.--The counsel for the defense, Messrs. Hall and Carpenter, then briefly reviewed the evidence, and said all that could be said in defense of their unfortunate client. Judge Bennett added a few remarks, the Jury was charged by the Judge, after which they retired for consultation. After an absence of ten minutes, they returned with a unanimous verdict of GUILTY.
    The prisoner was asked if he had anything to say why sentence of death should not be pronounced against him, and he replied in the negative. Judge Person then sentenced the unhappy man to be hung on Friday (to-morrow) between the hours of 10 A. M. and 5 P. M.

Source:

Unknown, "Trial of Patrick Waters," Daily Rocky Mountain News, Denver, Colorado, Thursday, 20 December, 1860, page 2.