Daily Republican., 1883-02-28

pushing Croney out heard troney say.
come outside, Dan; come Out and fight
it out :" Croney then stood on the left
side of the door, and Witsil tried to
coax him to 90 home, and not cause
any disturbance around the place Wit.
sill spoke in friendly manner, and
Croney replied he "be ID If he
would !" in two or three minutes those
who were inside came out at that time
witness was standing on the curb,
about eleven feet from the door; saw
Mcguire when he came out, he was one
Of the last witness thinking there might
be trouble, took ho,d of Mcguire, told
him to behave himself, keep quie'; and
cause no disturbance Dan replied that
it was all right, that he did not come
ont to fight and would not fight him
the witness then let 20 Of Dan, and he
walked over 10 where Croney was stand
ing he placed his hands on his shout
ders, and said "d-n you, you are no
tit man to fight me =" Immediately af-
forwards heard the report Of the pistol;
Dan wheeled around and exclaimed
that he was shot; Croney stepped back
six feet and'fred another shot and ran
did Not go back in the store,and did not
SEE Mcguire again until the day Of his
funeral have always been on friendly
terms with John Croney.
The States Attorney asked the wit
ness if he knew Of any previous di flicul-
ty between the deceased and the prison.
er. Mr.. Whiteiey objected to the ques-
ton, and Mr. Gray urged that it should
be allowed by the Court, and said he
proposed to show that there was fcud
between the parties of some five or six
months standing, which had led TO ,he
| shooting.
After argument by counsel, the Court
allowed the question to be put, and me
witness said that shortly after the city
election in June, he was in Witsi $ Sc
gar store, and John Croney came in to
vet "A sorir some one asked him how
lis brother was, and he replied that If
he had been at the Eleventh ward polls,
Mag,lirc would have been carried home,
| instead Of his brother.
Mr.. Bird said that he did not think
thi, should have been brought in the
trial, but he would now make it IA part
Of the case and before he got through
,how why William Cronry had I" be
carried home on election day, and
whose fault it was.
ON crosS-cxarnination, the witness
said that Croncy did not curse or abuse
Mcguire in the pool room; when Dan
said William was "A s---n ola h--h,
John said, ono, Dan, he is not s--n
Of a b--h;" the witness cautioned
Maguire after he came out, for iear
there might be "a fight when John was
asked about his brothers condition,
shortly after the city election, he said
that he was getting better,
1t WAS at that time Croney said If h.
would have been at the p"ll-, II would
have been Mcguire instead of his broth
err that was carried, home.
Mr.. Bird WAS about to follow this
with another question, when MIR Gray
objected, and the Court decided that III
could not ask any questions relating 1.
what happened at the city election,
Mr. Bird said, "but, your Honors, You
have allowed the State to ask questions
about Mcguire being fined for something
he had done at that time.
The Court replied that Mr.. Bird had
not made any objection at the time, and
he said object, if we keep Directing Z
everything, we would never get done. y
Henry Sherman testified to the events
that took place the night Mcguire was
shot, and said he saw Croncy take The
pistol from his hip pocket, he held thu
weapon on II level with his hip; wllri
he fired Mcguire had turned around
when Cron-y fired the second time
Cross-rAaluincd when Mcguire can't
out, Cr"n"y was standing with his bark
against the huusr: h, had his hands in
his ovrrcoat pocket, hui took them ont
as Magnirc approached him.
John Russell sworn, and testified
the pool room the night the shooting
took place The testimony OF this
witness was corrnlnra1vr of the cvi'
drncc already given.
DR.. II. Oglr sworn, and testified that
he has been n practlcing physician
in this city about twelve years. ON
the morning Of tbs Sth Of November
he was called on 10 90 and SEE
Daniel Mcguire; found him at hlN
residence on Logan street, lying on a
bed with his clothes ON; this was
iabout four O'Clock in the morning
made an examination and found Il Gun
Shot wound on the left side of the St"m
ach saw him again about 10 "'cIo"k il
the morning he was suffering yer!
much was sent for to Ti,it him IN The
afternoon, and about two hours AIT n
wards he died. The witness afterwards
assisted at the post mortrm eXamina
ton, and found the bali had penetrated
about two inches, and then taken
downward course did not succeed il
finding it Mcguire died from the eft
fects of the wound. At o'clock, Conr
: took recess until o'clock this after
noon.