The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1865-10-20

land with the expressed intention of
knocking his brains out. McCausland
seized the pistol which had been taken
from Kinney, and which was lying on
some blankets, and presenting it at Kin
ney, bidding him stand back, which he
ibid ana suffered himself to be disarmcd
Kinney subsequently threatened to cut
McCanslaud's ID CUTS out aud repea :
eddy declared his intention Of killing him
on or before Christmas, which threats
were communicated to McCauslaud
The last threat was made at 6 i. NJ on
the day he was shot, the actual killing
taking place about 8 Z. NJ.
Thos Baume testified that Kinney,
pointing in the direction of the store,
said there was scoundrel up there who
had called him u thief, and that he would
kill him before night, or words to that
effect.
From the testimony Of Duke, who
alone Witnessed the fatal event, it appear
ed thatDukc aud McCausland were IN the
store of George Howe, the f,rmcr read
ling near the stove, and the latter standing
at the end Of the store near the desk.--
Kinney came in and going down close
to McCausIand climbed up on the counter,
reached down some envelopes and return
ed to near the stove He was evidently
excited, aud violently threw down the en-.
vclopcs on the counter, and also some
papers from his pocket. He then COM
menced talking to Duke aud at McCaus-
land, asking the former if lie had known
him at Buckskiu Joe and California
Gulch, Colorado, aud whether he had
known him accused Of stealing; also what
was his character; to which witness answer.
ed that he had never heard him accused of
stealing, and that his character was as
good as any other mans.
Kinney remarked that some son of a
b--h had called him u thief, aud that
he had some money and that he would
spend it all to clear himself. At this
juucture McCausland, with pistol in his
hand, walked around the counter aud told
Kinney to "dry up" as he would take no
more Of his insolence that witness, see
ing the pistol, told McCausaud to put it
up, as there was no need Of it he also
sald-"You would not shoot an unarmed
man." to which McCausland replied, che
is not an unarmed man - that just before
McCausland fired Kinney started towards
him and received the ball in his side.
From tho effects of this wound he died on
the following day.
On cross-examination, the witness ad-
mitted that he had obtained possession of
his own deposition, and that he had
learned it by heart, Or nearly SO, and he
knew the contents better than he did the
Lords Prayer. lie sought permission to
leave the town from the Court and the at
tornoys for the prosecution and defence,
which was refused, and finally started in
the face of express prohibition which
facts and admission had the effect of
greatly weakening his testimony.
The character Of McCausland was pro-
nounced to BIZ most excellent by men of
as high responsibility as any in the terri
tory. Kinney, it was proved, was "dis
honest, abandoned, desperate and blood
thirsty; p that he was only prevented from
shooting man who refused TO plunge
into very cold Stream to drive cut some
cattle, by others presenting their pistols
at him, threatening to kill him if he
fired.
1t also appeared that McCausland believ-
ed that Kinney was armed and ready to ex-
ecute his threats The defendants counsel
pleaded all these facts as justification of
the homicide, the same being committed,
it was alleged, in seli-defcncG.
After the lucid and impartial charge
from the Judge, the jury retired, and
shortly returned verdict of"Not Guilty.
which was received with loud cheers.
The defendant owes u great debt to
Messrs. Sanders, Thoroughman, and Da,
Wis, who argued the case most ably and
eloqueutly. The attorney for the prosecu-
ton, Judge Chumasero, and his assistant
Mr.. Strickland, did their best to sustain
the case of the People, but the verdict of
the jury, as we have heard, was carried
without single dissentent voice