Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-27
THE FERGUSON MURDER CASE.

This case YVES submitted to the Jury
about hali-past 6 O'Clock last evening,
but at present writing the verdict has
not been returned. This man Ferguson
has been heavy expense to the people
of this county. More than a year ago be
was badly injured by running cur off
the end of the track OF the Meadow Val
lev mine. He sent the car over the
track, and following it himself, he and
the car rolled down the bank, frs, one
and then the other being on top. lie
was badly hurt, apparently MORALLY, and
was taken to the County Hospital 1t is
also part of Ferguson's history that he
appeared as an important witness iu the
case of Morgan Courtney, when OIL trial
for killing man named Sullivan in May
or June, 1872. Ferguson was witness
for the defendant on that trial, and it is
stating the case mildly when We say that
his credibility is not the best. While an
inmate Of the County Hospital, Fergu-
son, having SO far recovered that he
could walk about the honse, had a diff
Guilty with Robert Ash, the cook at the
hospital. Ferguson surreptitiously OBJ
tanned possession of a dissecting knife
from case Of instruments belonging to
the Steward, with this knife-about
three inches in length of blade
he inflicted between Is and %
wounds upon the person OF Ash. The
tragic event occurred on the 18th Of July
last, and in few hours after the wounds
were inflicted Ash died. Immediately
after the stabbing Ferguson was taken to
the County Jail, and the Grand Jury,
then in session, found true bill
for murder, and soon after he was put
upon trial in the District Court. The
case was prosecuted by District Attorney
Goldthwaite and Henry Rives; the de-
fense was conducted by Judge Pitzer and
j. c. Foster The verdict on the first
trial was for murder. and Ferguson was
sentenced by Judge Fuller to be hung ON
the 3lst of October. The papers on APP
peal were sent up to the Supreme Court
whereupon q supersedeas was issued
and when the case was reached by the
Supreme Court new trial was ordered
Ferguson was put upon his trial again
last Thursday, all of which day was con-
sumed in efforts to get jury. Beyond
drawing jurors for the new panel Of 100
nothing was done in the case on Friday.
On Saturday other jurors were obtained,
but not the requisite twelve. On Mon
day the remaing jurors were sworn in,
and on Tuesday morning testimony of
tho Stata xra introduced and II WI
not till during the afternoon of Wedncs-
day that the State rested The defense
declined to introduce any testimony.
Yesterday morning the argument was
commenced by Mr.. Handy for the prose-
cution, followed by Mr.. O'Dougherty for
the defense. Judge Aud next addressed
the Jury in behalf of the defendant. and
District Attorney Goldthwaite closed for
the State. The space outside the railing
was well filled by an attentive audience
during the argument After the argu-
ment had closed Judge Fuller read first
the instructions submitted by the de-
PENDANTS counsel; next the instructions
submitted by the District Attorney. and
lastly the instructions which His Honor
himself had prepared. The instructions
were not too lengthy, and covered the
case in all its possible phases. One in
struction of Judge Fuller was that the
fact of the defendant not being put upon
the stand in his own behalf should not
be used against him. The instruc-
tions having been read, Deputies Here
ford and Hoag were sworn to take charge
of the jury, and Ferguson was returned
to the Jail to await the verdict in which
he of all others was most deeply con-
cerned.
The VERDICT. I've are indebted to
Deputy Sheriff Hoag for politely bring
ing to our Office last nigt a copy of the
verdict, which is as follows: state of
Nevada vs.. Owen Ferguson.-We, the
jury in the above cause, find the defend
ant, Owen Ferguson, guilty of murder in
the second degree, and recommend him
to the mercy Of the Court"