Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-09-14
rue MCKINNEY MURDER TRIAL,
conclusion Of the states Testimony.

Conclusion Of the States Testimony.
Yesterday morning. after disposing of
few civil cases and passing sentence
mon Mulcahy for forgery. the McKin-
p,v trial was resumed. Judge Pitzer.
for the prosecution, asked that for the
nresent the Court withhold its decision
ON the question of admitting the dying
declaration of Courtney. The request
was granted.
James Finley was then sworn. He
was miner; knew Courtney; was in
Gerow's bowling alley on the night of
August 1; saw Courtney Immediately
after he was shot. Courtney was RUM
ing up Meadow Valley street; witness
ran out and caught him, rs he came
down the street. in front Of the Dexter
Stables; asked Courtney what was the
matter; thought he put out some spots
of fire on -Courtney's back. Courtney
said nothing Till he was taken into the
drug store, when he put his hand on
shelf, aud commenced to sink, he said
Il m gone," Witness asked him if he
had anything to say. He shook his
head. Finally he said that Mckinney
shot him. He afterwards said, Thank
God, it will all soon be over" He also
said other things before that. Courtney
lad pistol in his hand as he came
down the street; saw him raise his hand
with pistol in it; thought it was the
right hand. Witness described the pis-
tol, which had all the barrels loaded
Witness also testified to hearing the dy-
ing declaration read to Courtney and his
assent to it.
DR.. Deal was called and testified that
he saw Courtney after he heard of the
dying declaration being made. DIR. Deal
had felt Courtney's pulse; Courtney
opened his eyes and looked at witness,
who remarked that there was no chance
for him. Courtney asked if there was
one chance in twenty for him.
O. G. Mcdonnell was sworn, and iden-
titled paper shown him as the dying
declaration of Courtney. Witness was
acting for the District Attorney, and was
present when Courtney made the declar.
alton. Witness thought Courtney
could not live an hour. DR.. Bergstein
told Courtney that he could not live, OF
something to that effect. Witness did
not hear what Courtney said; he ques.
toned him while Jack Wilson took down
Courtney's statement, which was read
over to him and he assented to it. He
was not in condition to sign it.
DR.. Bergstein testified that he saw
Courtney about IL: 80 a. m. on the I'd Of
August. From the time he was shot un.
til that time Courtney was as intelligent
as usual He was in sound condition
of mind when he talked about getting the
use of his fingers. He rallied OCCASION
ally-that is, rallied so as to stop sinking
He was never in condition to get up OIL
help himself. To questions by the Court
the witness stated that Courtney was in &
sinking condition when the declaration
was made, reaction took place in three
quarters of an hour after being shot
Courtney didn't appear revengeful; made
clear statement; had not reacted wher
his declaration was made. To Mr.
Bishop, witness replied that part of the
declaration was made before and part af
ter the priest came in.
X. j. Hanley. recalled He was no
present when Courtney died; saw hin
abont a. m. on the "a. He said if h'
wasn't injured in the stomach he would
get well; thought he would get well bu
for the wound in the stomach.
The Court. after explaining at som
length the law on the subject, decided t
admit Courtneys dying declaration. L
this ruling the defense excepted. Tn
statement was then read by Mr.. Rives, G
counsel for the prosecution.
DYING STATEMENT OF MORGAN COURTNEY
think am going to die. ! was wall
ing down the street and Mckinney she
me in the back. started to run in oil
der to get in place to defend myself
but he shot me so fast that / could not d
anything but ruin. ! did not shoot Nc
Kinney at all. did not get my pisto
out until he fred six shots. Frank Clevt
land gave Mckinney pistol. Georgl
Syphers told me that yesterday.
The statement is not dated, but is WI
messed by John Wilson, X. J. Hanle.
John Manning, 0. G. Mcdonald an
James Finley. .at-
After the declaration was read in Il
hearing Of the jury, the prosecute
rested; Immediately after which Colon
Thornton, in behalf of the defendan
stated the case to the jury.
At 1880 the jurors were admonisht
by the Court and put in charge OF
sworn officer. The court then took a
cess till 2 p. m.
AFTERNOON SESSION.
Court met pursuant to adjournmel
and the trial proceeded.
The Defense.
The first witness called for the defen
was ]. P. Kirby, who testified that he W
resident of Phoebe and lived III IL
place in the latter part Of July.
knew both Mckinney and Courtney
sight. He knew where the Marysvi
House was. At - or o'clock at mig
on or about the 3Oth Of July, witne
was passing the Marysvills House, al
heard Q man say; "You -
-, 4 thought told you to leave u