Trial of Charles Harrison, Charged with the Murder of James Hill, on the 2d Dec., at Criterion Hall.
Trial of Charles Harrison,
Charged with the Murder
of James Hill,
on the 2d Dec., at Criterion Hall.

TRIAL OF CHARLES HARRISON,

Charged with the Murder of James Hill,
on the 2d Dec., at Criterion Hall.
______

Before Hon. Wm. M. Slaughter, Judge.
______

                                                                            WEDNESDAY, P. M.
    Dr. Peck sworn.--Am a practicing physician and surgeon. Was called to the Criterion Saloon last Sunday evening; saw deceased lying there--examined the man and found wounds; one in abdomen, one in left side of chest. Life was not then extinct. I had deceased taken into Mr. Murdock's store, afterwards to the Hospital.--Wound in abdomen was nearly in a horizontal direction, could not probe the wound far in chest; think it was in a transverse direction. Detected no pulse on first examination; wounded man refused to take anything; blood flowed freely from wound in abdomen, none from wound in chest.--After taking him to hospital, commenced giving him brandy as a stimulant, which he drank freely; he called me by name; wanted me to turn him over; continued to give him the brandy, which produced some reaction. Some question[s] were asked deceased on his death bed. He seemed to have regained his consciousness, and talked in a rational manner. Deceased expressed no desire to see any friends. Deceased also said that he drew a pistol on prisoner. Deceased answered questions in an apparent rational manner, and not in a delirious manner. Said he was going to die. Deceased remained in this condition about half an hour, after which he went into a collapsed state. The wound in the abdomen might have extended to the spine, but probably did not; my impression of the wound in the chest was that it had not injured the lungs; his breathing was good. Think the first wound was a mortal one; the hemmorrhage was great; if the ball had penetrated the large artery of the spine, death would have ensued in a very few moments. Think the wound in the chest would have produced death. I examined the person thoroughly; saw only the two wounds above described, there was a slight abrasion of skin on right leg.
    Cross-examined.--Deceased was in a state of callapse [sic] when I was first called, he remained so until taken to a hospital. In Murdock's store he was not in possession of his facilities. The amount of brandy given him was from a half to three-quarters of a pint. The stimulant administered was an artificial one. Such stimulants affect the brain. Think that the effect of the brandy was to make the man rational, to all appearances; don't think the man's mind was in the same state it would have been in a natural condition. Don't think the man's mind was as sound as under ordinary circumstances. Don't remember that my name was called by other parties in presence of Deceased. Deceased said he drew a pistol on prisoner, and did it only for fun.
    Direct resumed.--Think deceased at the time of conversation at hospital was not delirious. I construed his answers as rational. Dying persons are not as sound in mind as in good health. Stimulants administered to a dying person, does not produce intoxication, particularly when in a state of collapse. I gave the man stimulants to revive him and stop excessive perspiration.
    Cross-examined.--A person whose mind is wandering, may ask questions apparently rational.
    Dr. Belt examined.--I have heard statements of Dr. Peck. Am a practicing physician. I concur in the main with Dr. Peck's statements. I should call deceased's state, when in Murdock's, exhaustion instead of collapse. Approve of the use of stimulants to give vitality to the system. If reaction was produced by stimulants, the effect would be to produce consciousness and sanity. Stimulants in the quantities alluded to by Dr. Peck would give the wounded man strength and sense to speak rationally.
    Dr. Bell sworn.--Am a practicing physician. I concur in the main with the opinion given by Dr. Belt. I was at Murdock's store; saw the wounded man; think he was in a state of extreme exhaustion, approaching collapse. Reaction is brought about by stimulants, after severe wounds that produce great vital prostration. I examined the wounds; probed the wound in the abdomen; think the wound in the abdomen would produce death, but can't tell how soon death would ensue; think the use of stimulants was a proper one; with a return of the pulse consciousness generally follows.
    Cross-examined.--Don't think a person revived by stimulants would be in as sound a mind as under other circumstances.--Would not put as much confidence in statements made under such circumstances as if the person was in a normal condition.
    Court adjourned to 2� o'clock P. M.

______

                                                                        WEDNESDAY, 2� P. M.
    C. A. Cromwell sworn.--Reside in Denver. Assisted in carrying deceased down to the hospital last Sunday evening. Deceased seemed much exhausted. Dr. Peck was present. Deceased revived while I was at hospital. I asked him questions, to which he gave intelligible answers. Heard wounded man talking with Mr. Dubray; heard deceased say in his dying bed that he had been shot in fun; that he drew on prisoner first, and that he cursed prisoner. Wounded man said he had no word to send to his friends, nor any business to settle. I felt the man's pulse, it was beating. We had been giving the man brandy as a stimulant.
    Cross-examined.--I heard deceased say "Cromwell, don't move that ring, that's my wife's ring" I had attempted to take it off. Deceased said once that he wanted to see Wynkoop--then said that he did not; contradicting himself several times. His voice was in a low tone. I asked him if he drew a pistol on "Charley," and he replied, "yes." At first he seemed to be wandering. I asked deceased if he said anything to "Charley," and he said "no." I then asked, "did you curse him," and he answered "yes."
    Mr. Dubray sworn.--Reside about twenty-two miles from Denver. Was at the city hospital last Sunday evening. Deceased sent for me. I asked him whether he drew a pistol on prisoner, and he answered that he did. I was slightly acquainted with deceased before. I slept with deceased on Saturday night, on Henderson's Island.
    A. S. Blair sworn.--I reside in Denver. Was last Sunday evening in the city. Don't know deceased. Deceased came up to me early in the evening, and taking me by the arm, said "I'm a stranger to you, and you are to me: I'm going to see Charley Harrison. He's a friend of mine, and I'm a friend of his, "but if he is not a friend of mine this is," putting his hand on his pistol.
    Chas. Buford sworn.--I reside at Platte house. Was at the Criterion last Sunday evening. Saw a man there they called Jim Hill. He was quarreling with Mr. Wynkoop, and drew a pistol. Mr. Wynkoop went away and some one came up to deceased and told him to go out doors with him. Deceased riplied [sic] that he would not go out for him or any other d--d son of a b--h. Prisoner then stepped up and said he'd allow no man to call his barkeeper a son of b--h. Deceased replied that he was a son of b--h, and you're no better if you take his part; at the same time deceased drew a pistol, when prisoner seized his hand, and drawing his own pistol commenced firing.
    Cross-examined.--I have talked only with Mr. Murdock about this case. Did not know either deceased or prisoner before. I heard deceased or someone I took to be him say about 3� o'clock Sunday afternoon that he was going to see prisoner and would shoot him or be shot. Deceased appeared to be in liquor. I did not go in the Criterion, but stood in the door. Saw Wynkoop and deceased there. A man ordered deceased out. Deceased drew his pistol on Wynkoop--when latter was behind counter. [Statements of this witness appeared a little "mixed," and excited some merriment.] Prisoner drew his pistol as he approached deceased, and commenced firing. Deceased had his pistol in his hand by his side, already drawn. Did not draw it from his breast, nor was his hand near his breast at any time.
    Direct resumed.--I conversed only with Mr. Murdock.
    E. Higgins sworn.--I reside in Denver. Was in the city last Sunday evening. Know deceased from hearsay. First saw deceased between three and four P. M. on Ferry street on Sunday; heard him say that prisoner was considered a brave man, and that prisoner would be brought to an account by him for it. Heard the deceased threaten the life of an old man on Ferry street, heard also that deceased had threatened the life of prisoner. I went to warn prisoner against deceased, and told him if he didn't look out deceased would "nip him." After dusk I was at Criterion; saw deceased there in a difficulty with Wynkoop. I told prisoner that man (pointing to deceased) was the man who I had heard had threatened his life. [Witness here recapitulated particulars of affray, corresponding in the main with other witnesses for the defense.] After shooting was over I walked towards deceased as he lay on the floor; I saw a pistol on the floor, and picked it up; then asked prisoner to come to me at the back door. I then went in back yard. I saw prisoner's pistol on the floor near the end of counter, and another by the side of deceased by his knee.
    Cross-examined.--I have not heard any other testimony. A woman told me that deceased had threatened prisoner's life. I also heard deceased say that prisoner had struck a friend of his, and he was going to get even with him before he left town. At the Criterion I saw deceased raise his pistol, as prisoner approached him. Deceased was pretty drunk both times I saw him. I know Mr. Buford: saw him last Sunday in a house on Ferry street. Understand the word "nipping" to mean killing, or correlling a man.
    A. M. Smith sworn.--Reside in Nevada city; have been in Denver a week. I saw Hill for the first time last Sunday evening. I heard deceased in the street say "I'm going up to see Charley Harrison, by G-d. He and I are friends, but if we are not this is a friend" (putting his hand on his pistol) this was near 6 o'clock.
    Cross-examined.--Was not at the Criterion saloon at the time of the affray.
    C. Robbins sworn.--I have resided here nearly two months. Know defendant; don't deceased, but have seen him: first saw him Sunday forenoon last. I was present at time of difficulty at the Criterion, in front part of the room. Saw prisoner take deceased away from Wynkoop. Deceased afterwards approached the counter. Thomas interfered, [statement like other witnesses.] I remained until the difficulty was over, when prisoner left by the back door. Saw two pistols on the floor. Deceased's pistol lay near his knee.
    Cross-examined.--Stood near the front door. Prisoner was between me and deceased. I saw a pistol in deceased's hand. There had been no quarrel between deceased and prisoner. Deceased did not attempt to draw his pistol from his breast. Deceased's hand was at his side, and he attempted to raise it from that position as prisoner approached him.
    The defense here rested the case, and the summing up was commenced.


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., Friday, 7 December, 1860, page 2.

Created October 31, 2006; Revised October 31, 2006
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