, 1865-01-24

ii t31lblete Indifference to the proceedings
Of the trial Occasionally his bloodshot eyes are
renee renee MY Justly be attributed TO accident rather
tnap eol1c1iude in his own behalf. The actual mo-
rive Of the murder is by many supposed to have
tiye-tor which, 1t scems, he mss:ook hts victim.
ue II evidently professional bounty Jumper.
THE orENN9 BY COUNSEL
ct.fc- allurney Kecu Instr u&ted the Jury asSto
their duties He stated that 91erney On III duath-
led, told Police Justice Miller that Ward charged
him with being - detective OF bounty Jumpers"
I'D R ad ha 5s ehesso
ut too Low valuation. The crime OF murder Hss
beGom!ns frequent ~
his defense was that the shooting was accidental.
The jury could not rely upon ne contradictory
statements Of the deceased. While At one tne he
bebsa acknowledged thathe himself did the decd.
The uccused claiu1cd that the death Of deceased
was caused ty the accidental discharge o. me pis
tol as It was being handed from Ward to I1erney.
The question OF malice afolethought would bc pre-
tcuied for The serious consideration OF the jury.
TIE TESTIMONY.
Eatter Burn1an s,corn51 = a an son Of NJ: NJ.
seen the accused before; remember lint he vas M
eo 81 5s e L. Il sma
rom me, across CLARK ttseet on the easl side Of
hs @ S :: II ss'nf Tim 1t p pse sgfEs nesn sa
Isupposed to be hisFight hand pantaioons pocket
saw him make motion as Il to cock II: ne held
The pistol in hts txo hanas be oaS Looked tS ever
Soscy' sSg % u il be M were pons to Eet
tho pistol 70 of, and saw the person On the SIDE.
walk disappear; ! then went over, and found he
vas being carried up the stairs to No. 3l9 Clark
street, when got there as was SPOUT eolng g1 1n
ne ogor oan m shn ad TEN @ s III doo ioaa
End let me III; the man Vas carried up atans aug
lid down at lie landing at the top; pillow was
brought from the ina!de and put under his head;
afterwards heard him give his name as john
Iierley; lie man who fred the pistol held itcloae
10 him; cannot Tell il 1hc acc9aea WIS The man
first time saw the accueed 20 as to be able 70
swear 10 Liz identity Was at the Inquest held on
Tie1nes' body at the cemetery; policeman fett@
tstp.eny nat Jim n M caGe % hefe; aiser he wounded
man uas laid nj the head Of The st9rs. and do-tor
| bad been sent for, asked him who shot him;
M self;" be lien said lint abe was done for;" he
then ,omited come apples and brandy, and seemed
to nc to be dying; asked him where the we9na q
was therc; found the wound, and discovered the
ball Just under the skin on the left hand side;
took hold OF the hall and tried to pull It outi be
| Of Inc hall eaw that it had entered somewhere
VIC she.e III lie 81 Isl i,y. s1d tod hin 5c " ba5
! man ID he buggy shot lin; / told him thought
It accident; he turned on his side and sroaned;
| said he, oh, no! Fou can't come thatf' he said
little until tboee who had gone foE the doctor re-
turned; .Ley we1n going e move him 70 lounge
IN one 0: the rooms; objected but they did II;
them dcterminediy not to do 60; they waited until
the doctor came; showed the doctor hole IN
the lap OF the right pautaloons pocket, through
Eornd the wound on the right side Of the stomach;
then returned to school
1rose EIamlned-1 don't know whether he
puckct; Ii: horse stood with his head K. the
| foEthward; wac ahout three Or four rods iroro
te man IN the buss 1hea5d tc seport G1 TIE be
lie buggy and appeared to be In the act Of getting
in; he had his sasht +, band On The hug$y; tns
ss h9nss ssr O. e "a"
| Dr. Urren snAh 140orn--1 an rscalarlT grad
rhyfieiss md on ostohss 3sih
! Tierpey; found him at house In the vicinity oi
No. 500, Clsrk Street; he lay on pillow At The
bead Of the stsirt Pr aad hun mosea to lon9Ss '5eS
| above the lilac bone. near Its ante7or margin; thf
ball had turned the anterior part Of the abdomen
edgine 3ust beneath re @ EXP On Or ne let 81 soc
| iictman: officer Vim. E. fetter is the person; tht
| wounded man was euf{e1ing extreme nause. AMI
Ine lis de.ta b. was @ caused by lie bs1l now e1hib,
te6: deceased vas called John Tiernel
by the man who came for me; the ball enter
| ed the right tltac fEg11n4 passed nnoet Ae p9uIt
md cane out lie Iet lilac region; the intestine!
were perforated With three apeEtures; his mint
appearcd IS c1car md calm yoars OF mine at thu
1fe. In cxlaustions following injuries, the btal3
generally remains nniDpafred.
c. H. j. Hitler, s,r0ra-About three month
SOL think 1t was II October VI; called ny u
went 10 the house Of Kitty SnyTs, In South Clnf
street, on October ~; the dying man was sol
| dier, named John Te1ney; wrote statement
htt dctatiun; were it not for the extreme pam ht
| Fufefs d. l doubt II he would have made the state
mtpt; he fell asleep while WIS "fians me DC
clarat1an. ....-..
| 1gA n1Isa DECLARATION or 11EREEf.
by cens.nt OF the States Attorney, we appens
As @eS'4'A '' STATE OF ILLINOIS, |
CooK COUNTY. (
/, John Ticrncy, being. duly sworn, being 9
Eound mind and about to die, under cath, say IN
lei Ward, md that said Daniel Ward, without an
| proyocation, ehot him, this deponent
This deponent further says that they had had
| conversation, he this deponcnt, being accused
Ward Of beng detective Of bounty Jumper n
Immediately be was shot by said Ward, Withor
mentioning another woEd-
1en .: = 1tra,zr.
Subscribed and 1worn to before me, October Il
1SGl.
ADJOURNMENT.
AT this period, Judge Williams announced
| the Jurors that he considered hfmee1f bound
place them in charge Of Two trustworthy Official
! parties could be possible. He informed the jur
? TINT they would be comfortably provided for |
the Briggs House. He then ordered IN adjourt
" mint to nine o'clock THE morning.