Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-09-21
DISTRICT COURT.
Mckinney Acquitted.


Mckinney Acquitted.
The previous announcement thai owen
Ferguson would be sentenced for the
murder of Robert Ash, together with the
general interest in the argument OF the
case of the State vs. Mckinney. drew to
the Courthouse yesterday morning an
immense crowd. The hall was filled
with people, eagerly awaiting the open
ing of the door. Judge Fuller, and the
officers of the court, entered by side
door, and then the entrances to the court
room, front and rear, were thrown open,
and the crowd rushed in pell-mell. A
man with only one leg came in through
the back door on his crutches, and had
the misfortune to fall down. Those near
by sprang to the assistance of the lame
man, while others, further of, supposed
fight had taken place, rushed forward
to see the fun or take hand. Finally.
through the exertions of the officers,
order was restored, and the business OF
the court proceeded.
The divorce case of Emma J. Lewis VS..
Jacob Lewis, was referred to George S.
Lawyer.
All civil business was postponed until
Saturday next.
Owen Ferguson, already convicted OF
murder in the first degree, was brought
into court, and took his seat near the en-
trance within the railing, and almost di-
rectly in front Of the presiding judge.
Ferguson looked pale, and appeared con-
siderably agitated. He said nothing
not even, we believe. speaking with his
counsel. Judge Pitzer and Mr.. Foster,
Ferguson's attorneys, were present. The
former addressed the Court, stating that
new testimony had been discovered, and
that it had not been possible to procure
the afiidavits of the two witnesses whose
testimony the counsel desired to present
TO the Court. It was finally ordered that
Tuesday next to present the afidavits re-
ferred to, and that the sentence of Fergu.
son be deferred until Saturday next
Ferguson was then removed to his quar-.
tiers in jail Many withdrew at this stage
Of the proceedings, but the large number
who remained showed that deep inter-
est was felt in the argument. then abou,
to be resumed, in the case OF the State
vs.. Mckinney.
The argument in the Mckinney case
began on Friday morning, Mr.. Rives. o.
counsel for the State having the opening
He was followed by Col. Thornton fol-
the defendant. District Attorney Gold.
thwaite continued the argument tor tn,
State, after which an adjournment wal
had. Yesterday morning Mr.. Bishop ad
dressed the jury in behalf Of the defend
ant. Judge Pitzer closed the argumen
for the State at y. m. exactly. Col
Thornton, for the defense, read the in
structions to the jury, which had alread!
been passed upon by the Court. Hi
Honor then gave the jury further in
structions, and at 4:22 the cas- wa
given to them for consideration. OF
cers were sworn to take charge of tn
Jury, the Court took recess and tn
room was cleared. Within three minnie
after the door was closed the jury in
formed an officer in attendance that the
had agreed upon a verdict. His Honor
Judge Fuller and the counsel for tn
State and the defendant respectivel
were notified OF the jury's action, and a
once fastened to the Courthouse. A
Asa p. m. order was proclaimed, and tn
Clerk called the jury.
The Court Gentlemen OF the jury
have you agreed upon verdict?
The Foreman-Msy it please you
Honor, the jury agreed upon a verdict III
first ballot.
The verdict--a little slip OF paper upo
the contents of which depended the Iii
or liberty of a man--was handed to h
Honor, who read it and passed it over
the Clerk, by whom it was recorde,
The Clerk then read the verdict as fo
lows:
PIocHE, New. Sept. 30, 1873.
Site Of Nevada vs.. Geo. W. McKinut
We, the jury, find the defendant N
guilty.
N. NJ. MILLER, Foreman
Nothing but the respect felt for Il
Court prevented an outburst of applau
from McKinney's friends.
While the verdict was being recorde
We watched the countenances of NJ
Kinney aud his counsel. Mr.. Bisho
who sat on the right Of his client, seem
more than confident that the verdict W
in his favor; Mckinney was unmov
save that smile played upon his cou
tenancs; Col. Thornton. who sat on N
Kinney's left and little in front, look
more serious than either his associate
his client. After the verdict had be
read, Col. Thornton arose and moved
Court to discharge the prisoner, viii
was granted. Mckinney was congra
lated first ty his counsel and then by
friends. Col. Thornton and Mr.. Bish
were warmly congratulated by ma
present, and among the number by thu
whose bias was against the accused d
ing the trial. Thus has ended the foul
murder trial during tho present term
the District Court.
Coon News FROM WALLAPAI.-Fron
letter just received by Mr.. VIM. H
fxox,n Exod Xhiko daAad n..aas n;.A.