Court convened on Monday afternoon. Prosecuting Attorney, James E. Dalliba: Counsel for the Defense; Judges Bennet, Purkins and Smith, and H. R. Hunt.
    The following is a copy of the charge:
    "The People of Denver charge Charles Harrison with the crime of murder, in killing with a pistol or other deadly weapon, James Hill, at the city of Denver, on the 2d day of December, 1860."
    Prisoner appeared and plead "not guilty" of the charge of murder as alleged in the indictment preferred against him.
    After much difficulty, a Jury was empanneled, consisting of the following persons:

    Opening Plea, by Mr. Dalliba: Considered the Jury a fortunate selection and a high responsibility rests upon us all--prosecutors, defenders and jurymen. One which he could not in justice to himself shrink or avoid. He reviewed the parts of the case--said he intended to prove the killing of James Hill on Sunday evening last at the Criterion Hall by the prisoner; that the prisoner without provocation committed the act, &c.
    Judge Bennet as counsel for the defnse [sic] stated that the fact of the killing would not be denied, but that the killing was justifiable homicide and that all men are justified to commit a similar act under similar circumstances.
    F. J. STANTON SWORN.--Was at the Criterion on Sunday evening last. Saw Mr. Harrison. Mr. James Hill, or a person so called, was there. Some difficulty occurred between Hill and Wynkoop, both drew pistols. Mr. Harrison came up to part the two and prevent disturbance. Mr. Thomas took Wynkoop away behind the counter, and Harrison took Hill away; Harrison acting as mediator between the two. I stood with my back to them after this. Soon heard the words, "son of a b--h," recognized the voice of Hill; in a moment after heard Harrison say: I'll allow no man to call my bar tender a son of a b--h, and then heard a shot fired. Turned round, saw Harrison again cock his pistol and repeat shots two or three times. Mr. Hill was in liquor, but was not stupidly drunk. In the altercation with Wynkoop, Mr. Hill appeared not to be angry, and I saw no good reason for Mr. Hill to draw a pistol. Mr. Wynkoop charged Hill with threatening to whip him (Wynkoop) and Mr. Winchester on sight. No serious words passed between prisoner and Mr. Hill, when the former first interfered.--No demonstrations of any kind were made by Mr. Hill against Mr. Harrison; after the first shot, I turned around and saw Mr. Hill in a stooping posture, with both hands upon his stomach. No pistol was in Mr. Hill's hands, nor had he dropped one. After Hill fell, Harrison fired two shots more. Think the pistol was about one foot from deceased's head. After firing, prisoner remarked; "I have fired four shots into him. I've shot him as I would any other man who calls any one in my employ a son of a b--h." I was present when the body was lifted from the floor; stood near by--saw the body carried out; saw a belt and holster on Hill's person with pistol in the holster; when the body was partially stripped, the pistol belt had to be unbuckled. The wounded man seemed unconscious.
    Cross-Examined.--Present at the time of the shooting. Messrs. Wynkoop, Hill, Harrison, McLaughlin, Thomas, barkeeper, and several others. I was somewhat excited when the shooting commenced. I was standing facing the stove, talking with Mr. McLaughlin, about three feet from Harrison and Hill, who were near the end of the counter. Hill's back was against the counter, in front. Remember distinctly seeing Mr. Hill's hands, both across the stomach. At the time Mr. Hill fell Mr. Harrison was a little farther removed than at first from Mr. Hill. Immediately after the firing I advanced a step towards the parties, and then receded, changing my position as Mr. Harrison did, to keep out of range. I saw Mr. Hill put up his pistol before the firing commenced. Mr. Harrison used no violence to take Mr. Hill away, but he repeatedly placed his hands upon him to pacify him. Did not see Mr. Thomas walk to up to or speak to Mr. Hill. I was in conversation with Mr. McLaughlin at the time first shot was fired. My back was turned to the parties at the bar, about two or three minutes, the occurrence took place, about 6 o'clock. Hill drew his pistol first. Wynkoop drew his soon after. Hill seemed good natured up to the time he drew his pistol; manifested no anger. Harrison stepped up and asked Hill to put up his pistol. [Witness refused to give the name of a person who left the Criterion Saloon at the outset of the trouble, for reasons best known to himself; after argument by counsel, court ruled that the question was a proper one.] When again asked to answer he replied that he should not. Court waived decision on the question at present. A lengthy debate ensued, and at its close the witness was fined $25, for contempt of court in refusing to answer the question.
    Dr. Belt Examined.--Witnessed the altercation between Wynkoop and Hill; thought it was settled, they were quiet and standing close together, both had pistols drawn, but neither seemed inclined to shoot at the time I left. He was drunk. Mr. Harrison did not seem excited. I again reached the spot immediately after the shooting was done. Hill seemed out of his right mind, but talked, saying he wanted to go home. Probed the wounds, of which there were two. The one in the abdomen was fatal; the one in the side struck a rib and glanced off. It might have entered the left lung: did not examine it immediately.
    Cross-Examined.--Hill was a tall formidable looking man, taller than Wynkoop, stood firm for a drunken man; thought Harrison was disposed to manage him quietly. Did not see the beginning of the difficulty between Hill and Wynkoop.
    H. P. A. Smith Examined.--Heard shots in the Criterion Saloon, went into the room immediately. I did not at first notice deceased, when I saw him; turned the body over. There was no pistol on the body nor in his hand at the time, I assisted to carry him into Mr. Murdock's store and helped strip him, there was no pistol on or about him.
    Cross-Examined.--A few moments elapsed after I heard the shots before I reached the saloon, and saw deceased. I was excited at the time.
    Court here adjourned until nine o'clock this A. M.

                                                                WEDNESDAY MORNING.
    Court convened at 9� o'clock. Jury answered to their names.
    C. H. McLaughlin sworn.--Was at Criterion Saloon on Sunday evening last. Heard the altercation between Mr. Wynkoop and Mr. Hill. Wynkoop told Hill that he heard that he (Hill) was intending to whip Wynkoop and some one else. Hill said that the man who said that was a d--d liar. Both drew pistols. Harrison then interfered; said both were his friends, and he would allow no shooting in his house. Both then put up their pistols; Hill seemed much intoxicated. Shortly after Hill and Wynkoop approached a counter together. Harrison then came up to Hill. The barkeeper had said something to Hill about keeping quiet. Harrison then approached Hill, drew a pistol, and said he would not allow any man to call his barkeeper a son of a b--tch. He then commenced firing on Hill. Can't say that I saw all that transpired. Heard no altercation between Harrison and Hill before the shots were fired. Saw no hostile demonstrations on the part of Hill towards Harrison. Hill was talking in a low tone of voice. Think I should have seen any violent demonstrations, had Hill made them towards Harrison. After difficulty with Wynkoop, Hill put his pistol in his scabbard; the scabbard I did not notice particularly; think it was like other pistol scabbards. Think Hill did not draw pistol after difficulty with Wynkoop. Three shots were fired before I left; on the second shot Hill fell to the floor; the third shot was fired as Hill lay on the floor; I heard report of fourth shot, but was leaving the back door at the time. After first shot, Hill clasped both hands over stomach; saw nor heard nothing fall from Hill's hands--am positive he dropped nothing on the floor. I left by back door and came round in front, but could not get in.
    Cross-examined.--There is a stove in barroom; I was standing nearly in front of stove; Mr. Stanton by my side; there were quite a number of persons unknown to me in the saloon at the time; saw a man there named Mr. Greer; Wynkoop was near bar on inside; Spencer was behind bar; Rice was also there, but do not remember his position; considerable might have transpired without my seeing it; Wynkoop was leaning against bar--Hill in front of him; saw pistols drawn; Hill drew first and held it over his head; Hill was drunk, weak in the knees and staggered, but did not seem to be angry with Wynkoop; he did not present his pistol at Wynkoop; Wynkoop asked Hill if he drew his pistol expecting to frighten him; (Wynkoop) if he did he had found the wrong man; Hill, after Harrison came up to him, put up his pistol; Wynkoop put up his; Hill afterwards threw his left arm around Harrison, his right arm hanging by this side; Hill had on a coat; don't know the color thereof; saw Hill put up his pistol; cannot describe his scabbard; after he put up his pistol he turned and walked towards Harrison; I was standing, looking at the parties, and at the same time was talking with Mr. Stanton; I did not watch the party because I was hungry; I did not hear Hill call any one a "son of a b--h," but he might have done so, in a low tone of voice; did not distinguish what Hill said, but heard his voice. I am not hard of hearing--don't know that Mr. Harrison is; my attention was not constantly turned towards the parties; something may have transpired that escaped my observation; Stanton stood by my side, more behind Hill than myself; Hill at that time, so far as I could discover, had not drawn his pistol; at the time of the firing, Wynkoop stood near end of counter; Spencer was behind the counter; can't tell Rice's position; Greer's position for observation was not more favorable than mine; we were near together; Greer was sitting on a table, with his feet upon a bench in front of table; the affray occurred a little after dusk; think there were ten or twelve in the room; Hill was about six feet high; I thought he was larger than Wynkoop; never saw Hill before; think he had on a blue overcoat, trimmed with fur, but am not positive; Hill wore whiskers; had long hair, and was rough looking.
    Direct resumed.--After the difficulty with Wynkoop, Hill approached the bar and stood there, leaning upon his right elbow. He might have had a pistol without my seeing it, but think not. If he had had a pistol I would probably have seen it.
    John Covell sworn.--I reside in Denver. Know the prisoner at the bar. Never knew Hill. I was at Criterion Saloon on Sunday evening. When I first entered Saloon, saw Harrison, Wynkoop, Hill and others. Some one proposed to drink--proposition carried out. Hill first drew pistol, Wynkoop drew also--both after some talk put them up.--Harrison interfered, and said if Hill wanted to shoot anybody to shoot him. Thomas, barkeeper, said something about putting Hill out of the house, and came up to him and asked him to go out with him. Hill used indecent language and refused to leave. [Balance of this witness' evidence substantially corroborated former evidence.] I saw Hill put up his pistol. Hill did not draw his pistol after he first put it up, that I discovered. I did not see him have a pistol afterwards. Think I would have seen it, had he done so. He had no pistol in his hand when he was leaning on the bar. I saw Harrison fire two shots, but did not see Hill fall; saw him stagger after shots were fired. Four shots were fired, I think. I saw no hostile demonstrations on the part of Hill, and thought Harrison was acting in a friendly manner. After the shots, Harrison had his pistol in his hand. Harrison said he had "given him four shots, and would shoot any man who called his barkeeper a son of a ----."
    Cross-examined.--I rose from my seat after first shot was fired. I don't know Mr. Greer; did not notice him. Mr. Wynkoop stood at the end of the bar, near the water cooler. Hill stood near the centre of the bar, with right arm resting on the counter. I observed closely what passed. Mr. Thomas' manner was not violent towards Mr. Hill, but in a mild manner asked him to go out with him. Mr. Hill put his right hand around Harrison. Hill was intoxicated.
    Prosecution here rested the case, and Court adjourned until 2 P. M.

Source:

Unknown, "Trial of Charles Harrison, Charged with the Murder of James Hill, on the 2d Dec., at Criterion Hall," Daily Rocky Mountain News, Denver, J.T., Wednesday, 5 December, 1860, page 2.