The weekly Elko independent. [volume] (Elko, Nev.) 1872-1887, 1884-02-10
NUMBER 6.


Lake now but have a ranch and stock in
the valley: know the reputation Of Will
liam, Dick and Alice O'Neil: it is bad.
Cross-examined-Would not believe
Alice O'Neil on oath: am a Cornish
man: people began to speak bad of her
Tour or hve years ago: probably three or
four years ago: her general reputa ton
Tor truth three or four years ago was bad;
heard Mr. Cameron say he would not
believe Alice on oath: am not friend to
the defendant. Re-direct-would not
testify falsely against him or his brother
William.
N. L. Bassett testiied-On the 10Th
day OF May last resided in Spring Val.
ley. Bassett's testimony was objected
to on the ground that it is not rebutt,l
Recess till l o'clock p. NJ.
Afternoon session.-February 2nd
NJ. f. Bassett resumed the sand, obiec-
ton to the evidence overruled and he
continued: l was at brothers. house ON
the 18th Of May; he started to 90 to
U Neh's house; went horseback; it was
before dinner; can't say positively at
wnat time; he returned driving three
horses; one was stallion colt; saw some
one that day driving horses, previous to
that, IN the direction of O'Neil's house,
from the meadow below the house.
Shadiey was mail carrier at the time
brother was shot. Cross-examined -
The stallion had been running down in
| the meadow.
w. X. Erkstine called and testified
Live at Hamilton, White Pine county;
am acquainted with Mr.. Howe, who tes-
tilted in this case; saw him last Summer
after he left Treasurer Hill; he was
camped out from Hamilton.
| Jacob Cameron sworn Testimony
objected TO by defense ON the ground
that witness has been in Court during
the progress of this trial. Objection
oyerruled. Mr.. Cameron testified
live on Muncie C.eeI, am Postmaster
there; saw 0'Neil on the 10th; some one
who had been working for him was with
him; first saw him about 600 yards from
the house; this was Friday, between
and 10 O'Clock in the morning; was at
home the next day; was at home on the
18th; next saw '0'Neil the following
week. Crcss-examined-Neve had a
difficulty with O'Neil; don't know that
am an enemy to the defendant; am not
friendly to him; have been in the Court
room since this trial began; have heard
the testimony; have told witness of what
l have heard testified to; have not been
on speaking terms with O'Neil.
This closed the rebutting testimony on
the part of the prosecution. After dis
cussion as to the admissibility of certain
portions Of the testimony of Mr.. Noe
and Mr.. Cummins. The Court held that
the ruling was correct in admitting Mr..
Cummins testimony as to defendants
reputation i'll the community. With,
reference to Mr.. Noes testimony as to
his settlement with O'Neil and the pass-
ing Of receipts, the Court held that the
tcstimOney is not admissible and the rul-
ing is reversed. The defense called Mr..
Nickel in rebuttal, and this witness tes-
tiacd Ibis defendant had his prclim-
mary examination about the middle OF
last July; know Mr.. Davis partner Of.
McNuity; know Wm. Howe; Howe work.
ed for me.
This concluded the evidence in the
case, and argument was postponed to 0
A. NJ, Monday morning.
Court convened yesterday morning
pursuant TO adjournment, and Argument
in the O'Nci' case was op,ned by Dis
trict Attorney J. W. Dorsey, in an able
and exhaustive review Of the testimony,
occupying the entire forenoon and over
an hour and half Of the afternoon ses-
sion. His speech was delivered in
clear and logical manner, and was listen
ed to with marked attention by the large
audience present. Mr.. Dorsey was !ol-
loved By w. c. Love, for the def Sc,
who with the acuman OF n well trained
mind and the deep carncstness of q man
convinced of the justice Of the caIse
he had cspoused, cudcavorcd from the
testimony ndduced to establish the inno-
ccnce OF the defendant. Mr.. Love cen.
tinued his address to the jury until 8; 40
=. NJ. when John IL. kittrcll took the
floor also for the defense, and in
mastery speech Of two hours maintained
the theory of the innocence of the de-
fcndnnt. At 40 o'clock Court took
recess OF an hour and n quarter after
which MIR. Kittrell resumed his argu-
ment and with alternate scrutiny
of the evidence and bursts Of
eloqucncc, held the well filed Court
room rs deeply interested listeners until
0:35 L. a., when Court adjourned until
. o'clock this morning. when Mr. Geo.
w. Baker began. on the part OF the pros
ccution, the closing argument in the
case. Tho Courtroom was--as IL has
been since the commencement OF this
trinl---wcll filed with nm appreciative
audience, In his address to the jury.
MIR. Baker went very thoroughly over
the ground travorscd by the various wit
ncsscs, and gradually warning to tho
subject became eloquent in advocacy
o the claims Of the prosecution.
In his able handling Of the subject Mr..
Baker commanded the earnest attention
Of those present until the hour Of noon,
Mt which time he brought his address 10
close when the case was submitted and
Court took n recess until o'clock On
rcasscnibling, the Court. in fair aud inn
partial terms charged the jury, which
then retired to deliberate, and In 40
minutes after, returned a verdict Of "Not
Guilty"
This ends trial which began week
ago yesterday morning. and a case
which, both on part Of the prosecution
and OF the defense had called out sum,
ciont legal talent TO insure thorough
expose Of all the merits and dement's
thereto attaching