The daily gazette., 1883-03-02
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Admitted Deputy AttOrney-General
Cooper's Address
Upon the reassembling Ofcourt this morn
ing William Sherwood was recalled to the
stand and his examination by Mr.. Bird, |
who asked witness whether he knew Thomas
Russell. The reply. was yes. He then asked |
II witness heard any conversation between
Mcguire, after he was shot, and Mrs. Witsil. |
Witness said yes.
Attorney General Gray objected to hear
ing what Mcguire had said after he was |
shot. Mr.. Gray felt it his duty to object to an |
improper question at the outset. Itwas not, |
he said, "a suit between Mcguire and Croney, |
but between the State and Croney. 1t was |
not proper to admit Maguires remarks any
more than those of some Of the other wit
nessee.
The Court said they could not decide upon
the matter until they knew what was the
intention of the question and what was
desired to be proved. At the suggestion of
the Chief Justice, Mr.. Bird was directed to
put the question he wished to ask in writing
and present It to the court. He, however,
repeated It verbally to the judges, and 1t
was not admitted.
Examination contilued--When Mcguire
came out he said ''where Is he ~ and in
about minute took hold of Croney's coat.
When Mr.. Bird asked If the court ruled
out all questions as to threats made by
Mcguire to parties other than Croney, the
Chief Justice said 1t depended upon circum-
stances. He then went on to say that where
man had been threatened and had reason
able fear Of being assailed he had right to
prepare himself, as fOrwarned was TO be
forearmed.
Cross examination-Nearly all / saw In
front Of the cigar store were strangers TO
me; don't know Russell, but heard Mrs.
Witsil call the tall man "Tom RUSSELL; am
with Charley Harper in the junk business;
when went in the pool room at Z O'Clock
there wasn't very big gang there; Harry
Witsil and another man or two were there;
/ was in the two rooms at different times;
when Dan Mcguire came in / was
standing next to the cigar room In
the pool loom; when Croney came in
was at the same place: ] didn't talk TO
many; talked to Mrs. Witsil some and to
Andrew Conner; was not in the habit of
going in the store; heard White and Mul-
cahev having an argument; first thing
heard from Croney was that he ''jined I'M
with the party; can't tell what Croney or Dan
said first; 1t would be a smart man TO tell
all that was said in large room.
Mr.. Gray-You recollect some things
well.
Witness-Yes, sir
Mr. Gray--Did YOU hear Croney ask Ma
gure out to fight
hllutsS-4NOs slE lnCi6 was ~ AhhNh
talking.
In reply 10 further questioning witness
said he had been in the pool room twice
and he became rather irritated at the ques-
tioning of the Attorney General. The
witness did not recollect much. He heard
Croney say Dan, give me your hand.
Witness was standing inside the cigar de
partment when Croney and Witsil went out
he following in a minute or so In minute
Or two later the crowd out.
Henry G. Simmons, sworn-Was at Wit
sil's the night of election, but not inside
was standing on Madison street, looking II
the door over the fence into the pool room
of which had full view; know Croney ant
knew Mcguire by sight; heard the converse
tion between parties in the pool room; the
had been talking when | went there; ther
was loud talking and l went u
and looked over the fence; hear
Mcguire say, 81 will send you to the hos
ptal": Maguire then said, in a loud voice
getting very much excited, "Bill Croney
a damn ---, and III send him I
the hospital; Witsil caught hold of Crone
and Mcguire started toward Croney; Nj
guire was seated by friends; Croney Wake
toward Mcguire with his hand out, bJ
didn't hear what he said; a
the time Mcguire was cur
ing the Croney family; he sat dow
awhile, but got up and went toward Cront
again; Witsil took bold of Croney an
called to Mcguire to be quiet; Maguii
said, ''lf you want me to go out will GO
Witsil said. 81 don't want you TO go, bi
keep auiet''; Mrs. Witsil then closed Il
door; | then went to place on Front stree
near by to get warm: in a short time heaI
two shots and ran out, seeing Mcguire goI
back into a store; heard four or five sho
altogether: do not know Russell; had see
Mcguire Immediately before distur
anee on the pavement wanting to fight son
one.
Mr.. Gray objected
Mr.. Bird said he wanted to show the col
dition of Maguire's mind, on the day Of h
shooting. After some argument by Mess
Whitley, Bird and Gray, the Court decide
Judge Houston speaking, that the chars
ter of the deceased was not at issU
The cross-examination of the witness W
resumed--When Craney offered his hand
Mcguire he walked to the end of the pt
table; Witsil took hold of Croney Cron
is not much of a talker and speaks; low I-W
deputy marshal that day.
William A. Meredith, affirmed-Porti
of time was in pool room; didn't KIN
either Croney or Mcguire; saw Magu
talking on pavement, and afterwards hes
same voice In pool room, but could !
understand what was said: heard shots fiji
that night; just before they were fired,
heard 'scrambling and rushing out of I
door,: was standing on Madison str
about 70 or % feet from front door; wheI
saw them rush to door, said "Boys, Il
are pushing him out TO fight: | callt
"Marshalls, come back, you are not in
keep OUT; it was dark night.
Mr. Bird said he had testimony to pres
to show that Mcguire was a,bully. He q
notice of such intention, yesterday, in OF
court, and made his offer now for the Il
time as per promise made to Mr.. Gray.
Mr.. Gray said if the evidence was admit
ne State had 50 to 10 witnesses to prt
hat Mcguire was peaceable man.
The Court excluded the proposed te
mony.
Jam IS Green, sworn-Am uncle of yoT
man examined yesterday; he told me h
Mcguire had seized Croney; he, the ot
witness, said ''Maguire came out, S
where is hep and caught Croney by
throat, one hand on his shoulder;
nephew told me in my sisters house. '
ness was closely examined by Mr. Gray
TO how much he drank, when, etc,
stated that when his nephew was tell
about'the matter he, witness, was sober.
Cross-examined-Fran sat down
told me all about the shoulder; often tai
about what my nephew had said
brother, my wife, and others can't rem
ber; one time | was at work William Gro
came to my place about some work and
gan to talk about the case; Croney