Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-21
LOCAL ITEMS
THE HARRINGTON MURDER
TRIAL.
The Prosecution Rests, and ths
Defense IL Opened.

I h.
Defense IL Opened.
ihe court met yesterday morning I
continue the trial of James Harrington 10
murder. A crowd was waiting ut IN
door OF the courtroom, and who,
opened the seats were soon filled an,
there were many persons standing.
Sheriff Travis was called. and test;ss,
tnat three pistols-two navy size six
shooters and one self-cocking Whistle
pistoi-had been handed to him on tn
morning of the murder Of Lynch. H
Identified three pistols on the table as tn
ones given to him and kept in his Gus
tody since that time; also that tn
Whistler pistol was in the SAME condi
ton then as when he received it.
Charles Davis was sworn, but Their,
was nothing new in his testimony.
Dr. Phllson was then sworn. He ties
tihed that gunshot wounds in the brair
sometimes produce insensbilitv, an(
sometimes no not. Lynch's wound rem
aered him lnsensible; that he had visited
him four or five times, and never haf
seen HIM In rational condition; he had
seen him shortly after he was shot.
Odd you hear him reply to ones
ton as to who had shot him? Al did
not 'N
Q.-Supposing that at the time yor
hrst saw Lynch, the question WHO sho
you were asked him; and that he sbonli
reply !" Kelly" then after five minutes
IN answer to similar question, be
should say "Schoonmaker," and five
minutes afterwards he should reply to !
similar question Charley" would Won
consider his answers rational? Al
would not give an expression of
opinion on that, as don't consider that
1t bears on the case. said before tina,
did not consider his answers rational
at any time whilst was there.
DIR. Phlson related an instance in his
experience in which n man who had
been wounded in the brain-the ball
passing into the skull just above the left
ear, going through the left lobe of the
brain and coming out in the forehead
and had walked two hundred yards afte,
receiving the wound, and for the next
five days was sensible. Then after de.
iirum of three days the man had been grad.
ually restored to perfect health. He also
testified that in the case of Lynch he
might have retained his senses long
enough after the fatal wound, to cry out
Don't shoot any more, I'm killed" as
he did not believe that in such cases par
alyzation was always instantaneous; also
that Ill some cases sentena, or train
OF thought which is interrupted by a
sudden shock which paralyzes the men
tai powers, is resumed and continued
after several hours have elapsed, when
the mind suddenly has its powers re-
stored to it.
d. Nagle testified that he had lent
Lynch pistol about 10 days before the
shooting, and that the Whistler pistol on
the table was the one he had lent him.
Br. Bergstein being recalled, testified
as follows: / attended J.. H. Lynch all
through his late illness; was with him
constantly during the first sixty hours.
The ball, on going through the skull,
broke into number of fragments, which
carried with them number Of small
pieces of bone which were lodged in the
of the brain. Such wound
would destroy the reason, in my opinion.
1t was such a wound as may be termed,
TO certain extent, "a fearful liberation
Of the BRAIN" Lynch would at times
make seemingly rational answers.
Q. Were those answers purely mechan-
icall A. They were purely mechanical.
base my opinion that they were so on
the fact that he made different answers
to the same question at different times.
At other times he would answer all aues-
lions alike. For instance, he would an
swer Eyes. or mo" to everything asked
him.
Q. Were all his answers OF similar
character? A. They were. | heard
Larkin, the actor, ask him "Who
hurt your" or "Who shot you?" l
have forgotten which. He answered
Kelly" shortly afterwards, the same
question being asked, he said Frank
shoemaker" after that he answered
- Charley" Some time after this |
asked him, Lynch, do you know who
hurt you?" He answered "No;" at
another time | asked him, "Do you
know that you are hurt?" He again
"No." l asked the questions
to ascertain whether he was rational,
and came to the conclusion that he was
not rational. l was very particular
about finding out whether he was con-
scious, because had promised the priest
and the District Attorney that l would
notify them if he became conscious. l
gave them no notification to that effect,
because he did not become conscious.
Chas. M. Pryor, sworn--I heard
Schoonmaker tell Harrington that he had
nothing to do with it; that he and the
other man had settled the difficulty.
Frank Schoonmaker, recalled had o
bowie knife on my person, but no fire.
lrm. / had conversation with O'Niel
! half or three quarters Of an hour after
he shooting in the presence of Sheriff
Travis and my wife.
Odd he [O'Niel or did he not tell
you whether he had pistol or other fire.
arm during the occurrence? The defense
objected; objection sustained.
The prosecution rested and the Court
took recess till l 80 m.
TESTIMONY FOR THE DEFENSE.
At l 80 p. m. Mr.. Pitzer, of counsel for
opened the case of the defend
ant with few remarks. He said that
two men who had taken part in the ARRAY
during which Lynch was shot had not
been called as witnesses by the prosecu-
ton; TINT he was sure that If the case
now went to the jury they would return
A verdict OF mot entity without leaving
their seats; that the object of the defense
in bringing forward testimony was not to
prove the innocence of the prisoner, for
they knew that already, but to show that
be acted as any man would have done;
and that they expected to prove that not
Harrington, but another mana man who
had been "paralyzed at the first shot,
aud knew nothing more about the trans.
action" was the one who had killed
Lynch.
DR.. Bishop was then sworn and testi-
fed as follows: O'Niel and Sullivan (the
two gentlemen sitting near the defendant)
were examined Il think after midnight)
on the night in which the shooting Of
Ivnch ia said to have taken place, by