In cooperation with the sheriff the burgess provided an army of guards and deputies against contingencies because bitterness was still in the hearts of the populace, perceptibly increased when Bill Erwin was seen to be in readiness to "clear" the defendant. Judge D. C. Duell, who occupied the bench, called the case which was presented by District Attorney Jesse McKee acting for the Territory. Erwin appeared for the defendant. The jury was selected, while within the railing went the prisoner, accompanied by his aged father and mother. The opening address of McKee told how the prosecution would show that Pat's death came from a bullet wound through the heart, fired deliberately and with intent to kill, from a gun in the hand of Billy Oswald. Erwin proposed to show that he had not been killed but had died from fatty degeneration of the heart instead. At this statement from Erwin loud murmurs bordering on threats came from the crowd back of the rail. A strong admonition from the judge backed by his array of deputies, finally brought order and the first witness for the prosecution was sworn and testified: That he was a medical graduate; had held a post-mortem; found a bullet hole through the heart and the bullet imbedded in the shoulder blade behind the heart. On cross examination Erwin presented a human skeleton. The witness became confused and could not show at which point the bullet entered or just where the ball rested after it had passed through the heart. When asked to testify as to the sex the skeleton belonged to he admitted he could not say. Erwin dramatically drew from his pocket a pair of stained tibia bones and asked the witness which was right and which a left one. The witness could not say, nor tell which part of the lung was nearest to the center of circulation; he failed utterly to answer the dozen other technical questions put to him by the astute lawyer. He sat as one hypnotized--and perhaps he was. He was excused and left the stand. Turning to the jury as he patted the dry skull of the museum specimen, Erwin exclaimed that this one and poor Yorick's pates contained more gray matter than was held in that of this widely patronized witness--pity that no better proof could be offered.

Throughout this remarkable scene the prosecuting attorney offered repeated objections to the treatment of his witness-- applauded by the audience, but sustained not by the Court. "Kate Brennan will please be sworn," called the District Attorney. Kit took the chair. She testified to the good name of the deceased and when asked about her relations to Pat said: "Sure, I'm his foster mother." When asked if Pat's father had not died of heart failure she snapped back, "Sure, an' it was his grandfather that died of it." Recalled on direct examination, Kit was asked, "Was not the McWeeney family subject to indigestion?" Laughter in the audience. "Agh," she replied, "in auld Ireland th' childer was eat 'n only skim milk and praties, an' not that much when the price was up in Dublin." This brought a broad grin on the face of Erwin and titters from the crowd. The defense called Doc Camp to prove that he had once treated the deceased for carotiditis; he said that no doubt sooner or later Pat's case would have proved fatal, then Kit was recalled to say what Pat had been eating before his treatment by Camp. She said: "He was all f'r pork pie an' them big lake fishes an rice pudd'n f'r morn'n dinner and supper, so he was."