, 1874-12-25

THO p!6lpt. III answer 10 juror, 40 Brill! "Ill1
pistol Ind barfol nbout Inches long, md
WINS heavily sllycr-plntol. 11o oNcavorcd to l,ull
The piAtol 30 NJ to prevent tho hammer from
falling"
t,oss.eramincd. ny M. Tt:ndo: 1lo sworo nt
tho Police Court Tint lo could not today Toll
police court Tint tho pistol wnA pointol to Nc
t;arry when Atctiarry WAS sitting Oh tho barrel.
Hc lid not rocoicct acel.l: 1lichue ueury In tho
ba!oop.
1olfN r. M'dnATn
wns tlinn cxa'n'nol for ttio people by ". Camcr-
Oh, but his Testimony aadod ITO now light 10 The
subject.
rho counsol for tho poop1o horo rostod their
case.
MOTION TO DISCHARGE.
Tho connBal for tho defense nloyod that tho
prisoner bo discharged, ~ thcrc waa no evidence
to provo tint lilo pistol WIG l0ndod, and h1r,
Trudo supported the motion by quoting authors
TICS.
MIR. O'Dricn opposed by sayiug tint tho 1aw
rnisol tho presumption that pistol or gun was
loaded II drawn. Pointing pnto1 raised that
presumption. II innn pointed u pistol 1t raiaed
lle Ramo presumption.
The Coitrt demanded tho authority upon which
TINT idoa OF tue Inv WAC founded.
Mr.. Trlde said, in tho nbsance Of proof Of
powder and ball boiug in tho pistol, lie must ask
Tor tho discharge Of tho prisoner.
Tho Court-Iho rulo is wlora thoro is no owl
dcnce TO cBtnbliRll the isauo, the Court might d.
rect Tho Jury 10 tintl for tho defendant. Who're
there 10 doubt tho Court haB Tho privilege Of al
lowing tho p.oaccutiou to lot the Jury paaa upon
tho cAEo.
Mr. I1orvoy commended that only in civil caaes
wero tho jury allowed to pnsn npon tho prepoiio-
ORANGE Of tho evidence. lp criminal cases tho
Jury had not to weigh tho evidence, but tue guilt
or innocence must 10 fully established.
Tho Court maintained tl,at, although tho bur-
don of proof did unqucstiouably rest upon tho
prosecution. yot it waa under tho circumstances,
beat TO lot the matter 80 To tho jury.
DEruTY-sIiEnrrr coRRIdAH
WIS called FOR tho efenHc, anA examined by Mr..
rrndo. Saw Mcdonald enter tho aaoon, Ho
had boon drinking. Nick Gcary was mot with
tho defendant. After describing the coinlnouco-
ment ol tho row, tho witness sud tho piutol
pointed downwards. IT it had gono or it would
not hhye struck HlcGarry.
cross -Eran,aned. III jfr. 0D,fen: 11o was
about 10 or 90 yards from tho door when lo first
Baw Mcdonald como In. 1Io Baw Mcdonald Oh
ter. and called upon tho dcfondadt to tnAo q
drink. Instead Of drinking he commenced tho
tlrnlo against 11cGarry. Mcdonald Baid to Nc
Carry " I could shoot you."
COUNTY TREASURER MILLER
wnB noxt produced, but developed nothing now
except tliH nice distinction, Being askod II tho
crowd In tho saloon WRa Intoxicated, he an-
sweFe',;; ":No man waa intoxicated, but oxhil-
nrntca."
st. CLAIR SUTHERLAND
te8tliled that ho saw and talkod to Nick Geary
bofUro Mcdonald CAME ill.,
MICHAEL 0EAnY-
Had known McQarry sixteen Or seventeen years,
aud had been a daily freQucntcr Of his place up-
til threo or four woclsB ago. This witNesa &c
count OF tho fraca6 only materially differed from
tho others nllendy given III being narrated, as
abnyo said. with wonderfully graphic force.
Tho witnesa roHo from bis seat and threw
himself violently rbout, IN imitation Of tho way
Mcdonald was hustled about by thoBo who be.
set bin. causing frequent bursts Of laughter.
lie continued Gnary put hin fingers In koun-
trec's eyes, and that was tho laat Of him. Gar
rty struck Buffalo Miller aud kuockod him iuto
n;heap on the TOP Of tho party. Miller went for
securod the pistol from poriolat, hut ho (Gar-
rity) dropped it, Thou tho witness goizG1 1t md
janlned it down into his pocket (suIting
tho action to tho word). lfo lad TUG
it--not very critically; Ind not searc, warrant
to 60 down tho harroH-and saw no chasgoa in
it. 1t was mediuun-nized Smith & Weesou, not
for capa. lie could Anyo seen couple Of caps
II it lad been loaded. He gayo 1t to Nick qcary
~ alcDonald'e place, with lnstructtona to hand
His plan wa3 either to drink none OF no it heavy.
Tho balaneo Of tho party Ind boon hoisting In
soinothing. ..
Cross-cramtned. by Afr. 0'Brien: 1lo WAS
gagged in political matters. lilo had been noml-
nated bT tho Peoples Party. but lad withdrawn
to mako way for ono Of Long Johns pupptH.
llo did not now visit Efclnrry'a NJ often as ho
used to do. Ho did not Hco iIcDonaiil poiut tho
pistol at MeGarry. When tho dofoudant drew
have shot him II lie wanted to, but o man did
not 60 ca shooting oxcuraiun with oaue in
his hand. Witness aaia lo did not know Il. G.
JenSs.
Mr. o'Drion-What, not Major Jonko?
Witncss with understandable comlcalty
yea, know MniOr Jcuka.
The Court threatened to clour tho room 1t any
moro demonstrations woro made ouch as this
answer eliritett.
7I!; Mr o'Grien-I wi1l refresh your msmory:,
Witness continued: Had no conversation
with jerks. neyor told AlcGarry that ho had
tue pistol. Ho had cndoayorYcd to not as
peace-naker.
Ncar tho conclusion Of tho evidence tho Court
had to Interfere bctwGon tho wltnegs O'Brion
and Trudo in mattor irrelevant to The issue.
NICHOLAS 0EARY
wag examined by A1r. Horyoy. Ihn chief point
In lis oyidonco was TINT he wont alono to Nc
Garry's saloon on tho uight VI tho aifsay, and
part Of tho saloon when aleDonald entorod. uo
did 70 out aud theu como in with Mcdonald
Ho gavo tho pistol given to him BY Sltchaol
Goary to Mcdonald about 10 o'clock that night,
Io made Nh examination OF tho pistol, md Saw
it WAS not loaded.
C,.oss.e1amincd-Dy Mr. 0'Brten: Mcdonald
bad not rot linn mp In business in any wny. Me-
Donald drew his revolver up to his knco at tho
limo hc WAS abusing AfcGarry. lie did not got
the saloon with tho intention Of having row
with AfcGarry. Flo lad left of going to Nc
Garry's In consequence Of bis having supported
McDonalds assertion that night, Was never u
tie penitontiary.
Mr: o'Dricn-Woro you ever indicted for lar
ceny?
ThIs created anotllor scono botweon counsel,
and tho question waa Withdrawn.
Witness continued 1Io did not 500 tho revolv-
er drawn, but Nould have ueon 1t II it had boon
pointed at 1Icqarry.
CLARK LIFE,
the next witness, testified TINT ho 1aw Mick
ueary IN tho saloon beforo no HAw the dofoud-
nut,
". q. LANGLEY
aa:d that lie bad mado present OF tho revolver
to 1teDonad that salnn evening about O'clock
The present waB givou bccanAo defendant had
dono Wltness many personal favorn, aud lecarl6o
TINT evening defendant Aaa said ho wantod q
pistol to protect his house. Tho pistol NEE uu-
loaded Shon giyon.
MICHAEL G, M'DoHALD,
tho doicudant was thul called In hiH own behalf.
Deng examined by Air. uoryey, llo corgobolatci