Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-22


Yesterday morning the courtroom was
again crowded by those who went to hear
the testimony in the case OF Harrington.
The first witness called for the defense
this morning was Sullivan, the man, it
will be remembered, whose inadvertency.
if nothing worse, gave rise to the quarrel
which resulted in Lynch's death.
Cornelius Sullivan, sworn. II was
O'Niel's partner, enough to. 90 around
with him and take a glass of beer with
him Counsel-Thats Nevada partner
snip ]; saw no women in the chop-house.
Or. Bergstein, recalled The Doctor
produced the piece of skull which had
been taken from Lynch's head before
death. He also showed two pieces of a
bullet found in different parts of the
brain. The portion of skull was from
the frontal bone, was about three inches
wide and four inches long, as nearly as
We could guess. There was still some
CONCEALED blood upon it. 1t showed the
place where the ball entered by an in
denton of one OF the edges about three
fourths of an inch deep and half an inch
in width. He testified that the force of
the blow OF the bullet against the skull
had disarticulated the frontal bone from
the anterior portion of the skull The
shoulder blade of Lynch and the bullet
which lodged against it were also pro-
duced.
DR.. Lee, recalled--On the morning of
the shooting examined O'NiePs head
and found on it wound about an inch
in length. lie appeared to have been
made by a bludgeon of some kind.
Cornelius Sullivan Continued
Harrington paid for the supper
/ saw Schoonmaker raise his
cane and strike O'Niel on the head.
O'Niel and Schoonmaker then clinched
and Harrington wentup to separate them;
he put his hand on O'Niel; l didn't see
him do anything to SHOEMAKER. Har-
rington said as he wentup, What in the
hi do you want to do with that mani"
Lynch, who was then standing in the
door or outside of it, advanced from the
door saying, "You d--n s. of q b.,
what have you got to say about it2" He
had a pistol pointed at Harrington, and
stepped between Harrington and Lynch
and threw my hand up and told Lynch
not to shoot. My hand was at the time
extended towards Lynch's pistol to try
to catch it. I tried to catch it; l would
have knocked it down. shot went of
and went through my wrist [shows the
wound in the left wrist l heard, alto.
gether, five or six shots; directly after
the first shot heard another almost i'm.
mediately.
@. At the time you heard the second
shot, what was Harrington doing? A.
He and O'Niel and Schoonmaker we're
three together.
@. Do you know whether Harrington,
the defendant here, fred either of these
shots? A. I know that he didn't fire
either of the two first shots.
Q. Tell the jury why you know that
fact. A Because he was with Schoon-
maker and O'Niel.
@. At what time relative to the shots
did you receive the wound in your left
wrist, from the first to the fifth or sixth
shot fred which you have testified to?
A. The first shot that was fired.
Q Who fred that first shot? A. Lynch
fred the first shot.
In answer to other questions1 |
COullu say WIN tut btCOuu SuOt.
My hand was burned with powder and
my wrist bleeding pretty rapidly. at
tempted to catch or strike down Lynch S
pistol; my hand was close to the muzzle
of it, may he four Ave inches. Yes, il
was within four or five inches. The
length of time between the first and last
shots could NOT be much greater than a
minute or q minute and half When l
heard the last shot was standing about
two feet off of the sidewalk holding my
wrist about fifteen feet from the door of
Lynch's chop-house, opposite to it, but
more toward Main street. When all the
shooting that heard was done, walked
mp to the drug store where DR.. Lee keeps.
| There the constable (Smith Gray, l
think told me to consider myself under
arrest. l had pistol on when was
shot, but did not fire it at any one. That
pistol on the table is mine; the number
is lis, 473. delivered it to Smith Gray
on the morning OF the shooting. He
examines it. | It is in the same condition
as when delivered it to the constable.
CROSS EXAMINED.
have known Harrington about twenty
years; first knew him in Ireland; we have
never been soldiers together; l am no
relative of his; have been friendly with
him for twenty years, whenever we have
been in company.
O., Did you know him in the region
of Salt Lake about eighteen months ago?
Counsel for defense.-Answer eyes u
or "no."
Witness.-No. s..,
@. Did you ever meet him at Salt
Lake City. or in the vicinity?
Counsel for defense. eyes -
or "no."
Witness.-No. ...."
@. You never met him in that county
Counsel for defense. Eyes -
or "no."
Witness.-No.
Mr.. Rives.-Show me your pistol.
Witness.-This is it Mr.. Rives-pre.
sents it as to fire.
THE defense objected, the objection
was overruled, and the defense excepted
The witness then presented the pistol
The ground Of the objection of the de
tense was that the questioning was merel.
to defame the character Of the witness
Mr.. Rives stated that his object was Il
impeach the witness.
After got outside stopped when
heard the conversation Of 6choonmake
and O'Niel. heard SchoonmakeI So,
something to O'Niel--I don't know wha
il was-and heard O'Niel make the re
mark that was a coward, or something
to that effect. There was nothing NOR
said between them. Next I saw Schoon
3 maker strike O'Niel with cane.
didn't do anything that know Of upol
Schoonmaker striking O'Niel. Harring
ton went up to put them apart; thin
he did not do so; apparently he was try
ing. He tried, perhaps, for the space 0
a few minutes. During these few min
utes l was looking towards the door
Harrington came out of the restaurar
last.
o. Then Harrington was attempting
separate O'Neil and Schoonmaker, an
N YOU and Lynch were standing ON th