Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-29
LOCAL ITEMS
THE FERGUSON MURDER rp,.,
The Prosecution Rests, and the Ia.
Tense Begins.

Tense Begins.
Yesterday morning the audience in the
courtroom was not as large as usual
though there were still good many in
tue seats. This was owing, perhaps, TO
the tediousness Of the trial on the dav
before. As the day wore on, however.
the room became crowded again, so that
the Sheriff was sometimos Obliged to
keep back those who, being unable to
ootain seats, crowded up to the railing.
Inc examination Of witnesses for the
prosecution was continued.
John A. McManus sworn-On the
afternoon Of the 18th of July went to
the County Hospital in the company of
Mr.. Sweeney and Frank Hereford, Jr.
FRANK found near there knife, and at
the same time said, II guess this is the
knife you are looking for" The knife
was bloody. l think this the knife on
the table, is the knife.
Frank Hereford. Jr., sworn-I am -
years OF age-going on 13. Understand
the nature OF an oath and its obligations.
one afternoon in July, when the defend
ant had been brought to Jail, went to
the County Hospital in company with
john A. McManus, and perhaps others.
there saw knife on the ground, about
as far from the hospital as that window
about 25 feet distant is from me. The
knife appeared as if finger had been
rubbed across it. E. d. Williams picked
it up. | think l saw him put it into a
case, and afterward / saw it in the
jailer's room.
cRoss-EXAMINED.
Q.-Who spoke or said anything to in
duce you to go the hospital to search for
knifef Al had just come down from
dinner and Mr.. sweeny or Mr.. McMan-
us said something about the murder
fCoussEL-Call it difficulty. ] difficulty
and thought d go over there and see.
Odd they say anything about
knife? A.-Not that remember of.
Q.-How happened you to say Il
guess this is the knife you re looking
for? Al did mt say "This is the
knife you re looking for" I said 81
guess this is the knife"
Marion Smith sworn-I live on the
opposite side. Of the street from the Hos.
pital and to the east of it, and about $50
feet distant from it; l heard of difficult
ty going on in the Hospital; saw de-
PENDANT walk to one end Of the Hospital;
he walked to the east; he stood right in
the street just a moment or
two; | saw him make motion with his
hand as if to throw something; he threw
it on the north side of the street; | went
there directly to search for the knife, and
gave information as to where thought
it could be found
CROSo-bAAMlNED.
Odd you see the difficulty between
the defendant and the deceased? The
State objected on the ground that as in
the direct examination Of the witness
nothing had been ELECTED with regard to
his having seen the difficulty, any ques-
ton with regard to his seeing the diff
Guilty was not proper one in cross-exam-
ination. The objection was overruled
and the questisn repeated A.-Yes.
Odd you see the commencement OF
the difficulty. A. l did not.
Counsel--Describe to this jury the
particulars Of the difficulty that you did
see and that you have spoken OF on direct
examination. 1.-THE State made the same
objection as the last. and again the court
overruled.1
Witness.--I saw Ash have Ferguson
in the west corner Of the hall beating
him-striking at him right from the
shoulder.
Counsel.--State whether Ash hit the
defendant or not. Witness.-He ap-
peared to have perfect control of Fergu-
son, that is, to have him cornered up
there. I made the remark that Ash was
getting the best of the fight.
Q.-After you saw Scotty return from
the hall of the Hospital what did he
(Scotty) do? 1.-THE State objected for a
similar reason to that of the last objec-
ton. Objection overruled. A.-Drew a
derringer oniFerguson and told him to go
to iail-go along.
REDIRECT EXAMINATION.
Q.-How far is your house from the
door of the hall. About $50 feet.
Q.-Are there any trees, posts, or avn
Jugs abont the front of the Hospital hall
door? A.--There are awning posts; there
is also covered portico, or awning.
Q.--Is not your house, or the place at
which you were standing at the time, a
good deal higher than the hall door, A.
1t is.
Q.-Were you standing in
the door Of your house2 Al was.
O.-Isn't the door of your house sew
eral feet higher than the ground at that
point? Alt is.
Q.-Considering the awning post, the
roof to the portico of the Hospital, the
height of man standing in your door
and the elevation of yonr door, cnnld .
person in that position have an uninter
rupted view of the whole door leading in
to the Hospital hall so as to obtain full
view of what was going on between two
persons in the west corner OF that hall
The defense objected on the ground thai
| tho u,;tpaeo having heen Brought in BY