Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1872-09-24
THE ACQUITTAL OF COURTNEY,

1
there was some delay, as Court had adj
journed for the day, and the Judge, tn.
Sheriff, the Clerk, the District Attorney
and counsel for the defendant had to be
called from their respective lodgings.
At 35 a. III. Judge Fuller took his SEA,
upon the bench, the jury was called.
the verdict recorded L, WAS then read,
after which Courtney was discharged.
Before he could leave the Court room,
he was arrested by Sheriff X lne Oh war
rant from Storey county, and lmmedi-
ately, locked up ID his, cell, ..-.-..--
As the foregoing brief notice was in
serted after our paper had been neurl.
all worked off, au. was only printed IL.
the copies circulated i'll the city, We IT.
publish it. together with other facts con.
nected with the case. The ARRAY wh.c.
resulted in the death Of James Sullivan
and the arrest Of Morgan Courtney oe
Cured between 5 and 6 O'Clock p. IN. Oh
Saturday, June 8, i'll front Of Cianceys
saloon, Nam street, Piuche. Ine ac
count OF the altar, as given i'll the RECON-
OF the following morning, was not eln.
bellished III such manner as to create
popular feel ING either Tor or against tn,
accused. The account was to the tticc.
that Courtney was asned by Sullivan ~
drink, but declined. when Sullivan said
he had not asked him to drink, AM.
Courtney said he had. Sullivan repeated
his statement, and Courtney saying,
Web, that's enough" or somethin, -
that effect, drank at the bar AMI left the
saloon. After five or ten minutes haJ
elapsed, Sullivan Went to the door. whel,
he found Courtney, and, according t.
Courtney yeIslun vi the affair, ouAvaD
approached him and proposed 10 give oi
sell him all interest III the American. Fla
mine, or something OF the kind, but h
Courtney declined to have anything /,
do with 1t. whereupon sullivan made !.
motion as il TO draw knife, at the sam
time saying, You id s-n uf ii b-n,
III kill you yet" Courtney sldi.d oi
"a from Sullivan two or three STEPS, drew
his pistol, aud sand: Take that back
or III kill YOU to which Sullivan re-
piled that he would take nothing bach
Courtney, who by this time had SIP"
81 lated 25 or 30 feet from sullivan, tire,
the fatal shot. This is in substance tu
account Of the affra! as ,ubllshed Oh tn
9th of June last. lle ) rest of Court
ney, the verdict of lac Coroner's jury
the commitment to await the action .
the Grand Jury, the intellectual effort o
able and skillful COUNSEL to have the NJ
,cused admitted to bail, and his indict
ment by the Grand Jury, followed eac
~, other in rapid succession. conveying to
mind unschooled in Anne rican jurisprr
dence strong impressions (amountn
almost to convction) THAT some Grim
had been committed; but presto chang.
when jury was obtained, the evidene
gone through with, and the 40 elm
n. charge Of the Court given to the jur,
they retired, and after six or seven hour
~ deliberation returned verdict Of NJ
guilty! We cannot undertake to say TIN
the verdict of the Coroncr's jury WAS a
error, or that the Justice of the peat
$ who ordered Courtney to stand COMM
4. ted until the case could be inquired int
By tbs Grand Jury did mt know what
was about. or that the District Judl
failed to comprehend the merits OF IL
case when he DENIED the application
admit The defendant to bail; nor will v
say that the Grand Jury acted hastily
unsdsisedly in fin ling tine bill Of i,
n dictment for murder. The action OF Il
s Coroner's jury. the committing niagi
t tfate, the District Judge aud tle Gran
Jury-all acting under the sancti,y an
q solennity Of an oath-ponted to Il
fact that a crime-the highest erin
known TO the law-the sin nnparaonab
in the sight of God-had been comnli
az ted; yet, strange rs it would appear
any one but an American. jury of il
tslligent and dis;nt, rested citizens ait
apatient investigation OF the affair, a
compauied by elaborate Arguments +
and against the accused, deliberate 8
OF seven hours over the case. and the
reach the conclusion that no crime hs
been committed! in effect that the Co
oner's jury were set OF asses fos n
declaring that the killing of Sullivan W,
ajustifsble homicide; that the comm,
"a ting magistrate erred in compelli,
Courtney to await the action Of II
= Grand Jury: that the District Jud,
should have admitted him to bail, il
=. stead Of coosieDing an innocent man
. fslop cell; and that the Grand Ju,
were entirely wrong in finding en- indie
Hmsst. One q two conclusions is irr
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