WEDNESDAY, P. M.
    Court convened at 2 o'clock.
    Judge Bennett opened the case for the defense. Commenced by quoting the law on the subject of murder, contending that unless murder in the first degree was proven, the prisoner must be acquitted. He expected to prove that the killing of Hill was a justifiable homicide. He alluded to the practice, which he deprecated, of carrying deadly weapons; Intended to prove that the deceased was not a resident--that he went to Criterion Hall, armed, and for the purpose of doing bodily injury to Mr. Harrison--that deceased expressly stated he was going to the saloon to satisfy an old grudge; and that he was the first to draw a pistol in a threatening manner, and that the prisoner's only safety was in prompt and decisive action. Counsel would also prove that the deceased confessed on his death bed that he intended to kill Harrison, if Harrison had not obtained the advantage as he did. The counsel then called

    Ned Wynkoop sworn.--I reside in Denver. Was in the Criterion saloon last Sunday evening. Met Mr. Hill there. Had seen him before, and had some difficulty with him--spoke to him kindly. Alluded to an election for sheriff in which I was a candidate. I had heard before this that Hill threatened to whip Mr. Winchester and myself when he met us. Hill was drunk at the time I met him at the Criterion, and violent in his conversation. I finally became impatient and somewhat excited, and told him several times that he could not whip me nor Mr. Winchester. I called him a G-d d--n liar, and told him he could not whip one side of me. He then drew his pistol. I asked him what he drew it for and if he intended to frighten me?--No, he replied, I don't draw my pistol unless I design to use it. I then drew my own pistol and told him to put his weapon down. I then clubbed my pistol to be ready to strike Hill on the head with it, when Harrison interfered. Thomas then drew me away, and begged me not to shoot. I put away my pistol. Heard the words son of a b--h spoken. Heard Harrison say he would allow no man to call his barkeeper a son of a b--h. Saw Hill reach for his pistol, when the prisoner drew his pistol and advanced and commenced firing. Deceased fell after second shot. Four shots were fired. I seized Harrison around the arms, and his pistol fell to the floor. Hill when in conversation with Harrison leaned upon the counter with his right arm upon it.--Think no one at the stove could have seen a pistol in deceased's hand. Harrison's (unreadable) to considerate(?) deceased. I was interested in all that transpired, because I felt that deceased might possibly get an advantage over me. I do not know that deceased had the pistol in his hand when he was talking with prisoner. The pistol was not cocked when he had it presented toward my stomach, but he had his thumb on the hammer.
    Cross examined.--Pistol of Hill not cocked when it was presented at me; Hill put his right arm around Harrison--think if he had a pistol then in his hand I would have seen it. I saw no demonstrations on the part of Hill against Harrison, but thought from a motion on the part of Harrison as he was in the act of firing that Harrison was trying to seize Hill's pistol arm. Think the right side of stove nearly in a line with front of counter; think stove is about ten or fifteen feet from the counter, parties standing at the stove could probably see more of deceased than I could from my location. I saw Harrison draw his pistol.
    Answer to question by Juror.--I think water cooler stands near the center of counter at one end.
    Direct resumed.--Think that persons standing at the stove could see only Mr. Hill's back.
    By Juror.--I did not see Hill return his pistol to his holster.
    Cross-examined.--When I caught hold of Mr. Harrison, he said, "Ned, no man shall call you a son of a b--h." Deceased made no remark after he was shot.
    Mr. Thomas sworn.--Reside opposite Clayton & Lowe's; am employed in Criterion Saloon; was there last Sunday evening; Mr. Wynkoop was there; had been there some minutes when Hill entered and accosted Wynkoop and seized hold of him. Wynkook [sic] endeavored to get away, but Hill insisted on talking over matters; some allusions were made to a woman; Hill drew his pistol, and Wynkoop drew his; Harrison interfered, and the parties separated; I drew Wynkoop away and got him to put up his pistol, I then spoke to Hill and asked him to go out with me, to talk with me, he replied that he would not go with me, nor no other d----d son of a b--h; Harrison then came up and said he would allow no man to call his bartender a son of a b--h; Harrison put his hand towards his pistol sheath, and at this moment Harrison seized deceased by his hand, as if to prevent the drawing of a weapon, and immediately commenced firing; Hill was obstinate and violent in his manner; at the time I accosted Hill, Harrison advanced and deceased attempted to raise his right hand, but prisoner seized deceased's hand; I was from 8 to 10 feet from stove at the time. After Hill fell, prisoner threw down his pistol and remarked that it was "just his luck to have a fuss in his house," or words to that effect; deceased was a man about Wynkoop's size, or perhaps larger. Understood that Hill resided down the Platte.
    Cross-examined.--Did not see deceased's pistol after the difficulty with Wynkoop, until after the firing was over; it then lay upon the floor, and was subsequently handed to Dr. Belt; saw deceased put his hand on the prisoner; don't know which hand; saw no pistol in deceased's hand; saw deceased push prisoner away and raise his right hand; saw no demonstration on part of deceased other than above; deceased was not very drunk; don't know whether deceased's pistol was cocked or not during altercation with Wynkoop; think side of stove is about a foot from front line of counter; parties standing in front of stove could have had a view of Hill's side from head to feet; after the shooting Harrison said to Wynkoop, "I'll allow no man to call my employees a son of a b--h."
    Direct resumed.--Top of counter projects over side of counter about six inches; coat worn by deceased came about to his knees; after deceased fell I saw a pistol laying beside him; I went out of front door.
    Cross examined.--I am in the employ of Mr. Harrison; don't know whose pistol it was that was on the floor.
    John C. Spencer sworn.--Reside in Denver. Was at the Criterion last Sunday; saw first part of the difficulty between Wynkoop and deceased; left and went in back room, soon came out again and saw Wynkoop and Thomas in conference together; also saw Hill and Harrison talking together; Thomas told me there was a fuss and said he would get deceased out of house; soon after heard the words "son of a b--h," and immediately after heard the firing; I was excited and scared, as well as all the rest in the room; think a line extended along parallel with front of bar would be about two feet from stove; when Hill was lifted up I saw pistol belt and scabbard lying on the floor; I helped carry deceased into next house; I was badly scared and much excited; from my position in front of Wynkoop I could see Harrison but not Hill.
    Cross examined.--I saw first commencement of altercation between Wynkoop and deceased; then left for back room; on my return took Thomas' place in front of Wynkoop, saw no pistol in Hill's hands at any time; don't know whose holster and belt it was on the floor.
    Question by Juror.--After first shot I ran behind counter; afterwards asked Harrison to give me his pistol; he threw it to me, and I put it behind the bar.
    Direct resumed.--I think Mr. Stanton was present at the time of difficulty--saw several persons sitting and standing near stove--(Pistol produced in court)--witness thinks it the same pistol he saw on floor--it was loaded and I did not discharge it--the pistol scabbard and belt exhibited in court look like the one, but I can't swear to its identity. [Some facetious remarks passed between counsel in reference to exhibiting the pistol to jury.]
    Cross-examined.--I first found holster and belt on floor, underneath body of deceased, as it was lifted--when I came back I either picked up the pistol, or some one handed it to me--There were ten or fifteen people in saloon when I left--cannot recollect who finally gave me the pistol.
    John Robinson sworn.--I live in Criterion Saloon--I am employed there--was there during the difficulty on last Sunday evening--I came in from back yard, and just then saw Thomas ask Hill to go out, who replied that he would not go out for any son of a b--h. I saw a pistol in Hill's right hand at this time--I was by the stove at this time, leaning on a table--was not in the room at the time the firing commenced----did not see Hill afterwards.
    Cross-examined.--I have lived in Denver two months--I have formerly lived at Camp Floyd, driving team for $40 a month--I do not owe a cent for my board--I was not in the room at the time of the shooting--I came in after dusk, bringing in wood--seeing a fuss, I went to a table to see what was going on--counter is high, but won't come up to a man's waist--I saw a man with a pistol in his hand--I never saw the man before--I went away in a hurry, and had business in the back yard--I was near the back door when the firing commenced.

                                                                THURSDAY MORNING, 10 o'clock.
    Court met pursuant to adjournment.

    J. D. Rice sworn.--Reside in this city, on McGaa street--was at Criterion Saloon last Sunday evening at time of difficulty--just before dark I entered saloon--some twelve or twenty persons present--some were intoxicated--heard on my way there that there was a fuss on hand--as I entered saloon saw Wynkoop walking across the room towards a table--saw deceased approach Wynkoop and draw a pistol--I approached parties--deceased looked sharply at me and I walked towards stove, behind which was Mr. Covell--near by stood Mr. Doran, who remarked to me, "Mr. Wynkoop is very dubious of that man," (meaning deceased)--saw pistol in hands of both Wynkoop and deceased--saw Harrison approach the parties and say, "You are my friends, and I won't have any fuss in my house"--Harrison put his hands on deceased, and tried to pacify him--deceased, with a sneering look, seemed to say he would do as he pleased--soon after deceased passed over to bar, and leaned thereon--he had some words with barkeeper--Thomas had taken Wynkoop away--I then heard words coming as from Hill, about "son of a b--h"--Harrison approached deceased, saying, "I don't keep no sons of b--hes in my employ." Then heard a remark from deceased like the following: "and you, too"--Harrison then thrust out his hand, seized deceased's hand, and commenced firing--could see deceased's right hand across his left breast, and in his hand a pistol--I was about fifteen feet from the parties--the smoke from the pistol discharges was thick, and obscured my vision--there was a table between stove and wall, and about seven feet from counter--a line from front of counter towards stove would be about two feet away--top of counter projects nine inches over panel-work of counter;--a person on table could see persons in front of counter; could see others at least five feet along the counter; I know this from actual experiment. A person leaning against counter, and holding a pistol in his hand below the counter, could be easily seen, a person standing on opposite side of stove could not see whether man at counter had a pistol or not; deceased was partially leaning against water cooler.--[Position of parties illustrated by witness.] Persons at table could see distinctly the position of parties in front of counter; and if a pistol was held beneath it could be seen; the table, spoken of is 5� by 3 feet; it was built for my use; don't know how many shots were fired--think four or five; saw last shot fired; saw no shots fired after deceased fell; range of shots all seemed to be diagonally towards the bar, one shot passed through the bar near the money drawer about four feet from the floor. [A proposition was there made by counsel for the defence, that the court and jury repair to the premises for the purpose of examining the relative positions of the counter, stove and tables, as well as the parties at the time of the difficulty. After some discussion it was decided that the jury, in charge of the marshal should repair to the Criterion Saloon, accompanied by the prosecuting attorney and one of the defendant's council.] Mr. Hill's hand was on his pistol at the time Harrison seized him and commenced firing; the smoke was thick immediately afterwards that I could see nothing.
    [Jury here left in charge of the Marshal to examine the premises.]
    Rice again on stand.--A portion of this witness' evidence was given during the absence of our reporter.]
    Cross-examined.--Did not see deceased's pistol scabbard, but seen his hand on his pistol; saw no pistol fall on the floor--heard none, saw a man leave back door, took the same direction myself, after deceased was shot; I did not notice particularly his position; saw deceased's right hand raised, but it contained no pistol; I watched Harrison closely, fearing to get within range of shots; saw no demonstration on the part of deceased, except pushing of Harrison; did not hear anyone called a son of a b--h, but heard prisoner say he would allow no man to call any of his employees a son of a b--h; a good deal may have been said and done that I did not hear or see; don't know which of the shots went through the bar.
    Direct resumed.--When prisoner approached deceased he was about two feet away; think deceased could not have raised a pistol at that time without hitting prisoner's body.
    Cross-examined.--Deceased was standing leaning on counter, near water cooler; prisoner drew pistol at the same time he seized deceased's right hand.
    Mr. Greer sworn.--Was at the Criterion at the time of the difficulty; my position was at a table nearly opposite end of counter; saw Thomas come from behind the bar and tap deceased on the shoulder, and said, "I want you to go out with me;" deceased replied, "I won't go out for you or any other son of a b--h;" prisoner then approached and said he would allow him nor no other man to call his barkeeper a son of a b--h; deceased then pushed Harrison away; the latter then caught deceased by the hand, in which was a pistol, and shot him; I heard something fall on the floor; don't know whether it was a pistol; deceased fell with face downwards; saw no pistol after firing ceased; heard no one say he had picked up pistol.
    Cross-examined.--Deceased had pistol in his hand at time Harrison advanced on him; think deceased had pistol in his hand all the time from the moment Mr. Thomas first accosted; prisoner caught Hill by the wrist.
    (The publication of the evidence will be continued to-morrow.)

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., Thursday, 6 December, 1860, page 2.