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Ker, Manager THE INTERIOR‘S FINEST Noted for Its Hospitality and Excellent Service Trail, British Columbia Page Sixty ing the investigation, he “‘clammed- up’ at the hearing, only admitting events up to the time the two men had begun drinking at one-mile and he had more or less ‘‘passed out,’’ to “recover” just before Kylling stag- gered down the road. The Court decided that there was sufficient evidence to place the ac- cused upon his trial, and committed him to stand trial at the next court of competent jurisdiction. Without any direct evidence of the shooting, the case was built entirely on circumstantial evidence. The ac- cused had been placed close to the scene, he had a rifle, a ‘“‘gun-case’’ bad been found at the scene which appeared to fit the gun, two pack- sacks were found close to the scene one containing letters addressed to the accused and delivered to him that morning, he had been drinking, his story of ‘two white men”’ could not be corroborated, and they had men- tioned to the miner that the ‘‘wire bad been cut’ when no one, not even Kylling, knew this to be a fact at that time. But a good case of suspicion is not always a good case of ‘‘proof’’ such as required in a trial at the assize. The investigating officers cast about for other possible evidence. Many leads were followed through without success. Finally the time approached when the case would be heard before the Court of Assize at Prince Rupert. Constable Strouts began making his rounds to serve the subpenas on vari- ous witnesses required at the trial. On May 15, Strout came up to Kyll- ing cabin. ‘‘Well, I’ve got that sub- peena for you,” he told Kylling who came to greet him. Handing over the document, the two men spoke for a few minutes about things in general, and then the conversation turned to the case. “You know,”’ said Strouts, “I wonder if there is any use in mak- ing just one last search around the place where you were shot.’’ Kylling shrugged, but agreed that there would be no harm in trying. Strouts went on, ‘It’s a million to one that we can find the bullet, but if we could prove that the bullet which wounded you came from Williams’ gun, the case would be a lot stronger than it is at present.’’ Quite amiably, Kylling replied, “‘Was only 300 yards or so into the bush, and the LOHLEIN & GYLES LTD. Osoyoos, B.C. FLOUR and FEED - Orchard and Farm Machinery Telephone 99G P.O. Box 99 snow’s all gone, so why not try?” Both men started up the trail. Arriving at the scene, the same shambles of broken boughs, wood chips, and littered ground met their gaze. What chance had they to find a bullet, whose diameter was smaller than a quarter of an inch, in this pile of debris? Re-enacting the shoot- ing, and placing Kylling at about the same spot and in the same position he had occupied when the slug struck its mark, Strouts began his final search for ‘the needle in the hay- stack.’’ Kylling looked on and shook his head. It did seem useless to look — for such a small object after almost | three months, and the melting of three feet of snow. But there were a few mossy patches close by which were not covered with the forest lit- ter usually found where logging Cperations are conducted. Getting down on his knees, Strouts carefully examined the mossy hummocks. Then a tiny glint of light, a hand reaching for a small piece of metal, and Strouts stood upright. Examin- ing it carefully there was no mistake. It was a bullet of .22 calibre. The rifling marks were quite plain. The needle in the haystack had been found. Kylling was even more surprised at the find than Strouts himself. Hurrying down the trail, the men knew that this fresh evidence would have to travel a long way before it would yield its greatest value. Two days later, Constable Strouts handed over the precious bullet, to- gether with the rifle seized from Williams, to Detective Corporal Lashmar. The Corporal was to SOUTHERN CO-OPERATIVE EXCHANGE Growers, Packers and Shippers of Southern Okgnagan Fruit and Vegetables—Cold Storage British Columbia OLIVER Smithers Motors Ltd. FORD — MONARCH Sales and Service 24 Hours Towing Phone 14 OLIVER, B.C. OLIVER CO-OPERATIVE GROWERS’ EXCHANGE Growers and Shippers of Okanagan Fruits and Vegetables e OLIVER British Columbia THE SHOULDER STRAP