The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1884-02-09
TnE O,NEiL TRIAL.
A Hard Fought Case-synopsis OF the
Tesaamony-VsrdIct OF ssNot Gutlty.''

The trial of r. c. O'Neil, for the
alleged shooting OF r. L. Dassett last
May, was commenced in the District
Court at Elko last Monday week. It
proved a long and tedious legal bat
tie and resulted in the acquittal af the
defendant. The first day was con-
sumed in selectinga jury, and It took
five days to take the testimony, which
was moi all In till three o'clock Satur-
day afternoon. The argument of the
attorneys was commenced last Mon
day morning and ended at two o'clock
Tuesday afternoon. The jury were
out but 80 minutes when they re-
turned u verdict OF mo gully" We
append as much OF the testimony as
our space would admit-giying nearly
all hat OF the principal witness I. r
the State, and also that forthe deiensd:
RALPH ~BAssETT's TESTIMONY.
] live in Spring Valley, White Pine
county, Nevada. On the 18th of May,
1888, James O'Neil came to my house
and told me that his father wished
me to take care of my stallion as
the horse was annoying his. l said
call right On the morning of May
12th-Saturday morning my wife
came 70 where | was blowing potato
ground and told me that some one
was driving horses in the direction OF
the O'Neils. | saddled a horse and
rode over to O'Neil's where | found
seven or eight of my horses in o..
Neil's corral. Old man O'Neil and
the defe ldant were there. The old
man came from the house and said,
al have your horses in my corral.n
/ said, stvery well; | don't intend 10
take them away The old man said,
al hear that you were afraid TO let
your cattle run on the range for fear
l would steal Them" | said, II did
say So" 0'Neil said, 81 allow no
son-of-a-b-to call me a thief" The
boy, James O'Neil, came from the
house with a Henry rifle-I started
to leave -9'SeIl called me back and
said, | will shoot the son-of ABB.
Dick O'Neil, tho defendant said,
s.Don't shoot the SON. OLA blow,
we will get Kim yet.p VIM. O'Neil
shoot tue son-of-a.b--' After some
further conversation O'Neil said |
could take the horses Oh condition
that 1 would take them up TO Niger
canyon. / said, ''all right, | will take
them up sunday | then took the
horses nome. Next morning | look
tho horses up to the canyon and as |
was pas, sing through a narrow place
in the canyon | was shot; the shots
bang fired from behind a large rock
wh re there was u pine tree. Ny
no s., went along a little further aud
feil. ! heard a voice saying " have
got tho hon-of-a-D--o aud af.er | had
got on my horse again, | saw old man
O'Neil and DICK 0'Neil, the defendant,
each with Il gun. They kept firing at
me and | urged my horse across a lit
tie rise IN the ground and escaped
from sight. | was some two or three
hours getting home, rs turned dizzy
and sick and had 10 stop on the way.
IL 3 soma 81 or ) miles from the
scene of the shooting 10 my house.
nv wife and brother met mo before /
got home. When | undressed a bullet
was found in my sock. After being
shot l recognized old man O'Neil and
his son Dick, the defendant. On
cross examination the witness tt stified
positively TO the persons who did the
shooting, aud also that the gun that
shot him was "a Henry lille. The wit
ness exhibited his right arm showing
tnat the shot took efie ct in it about
three inches below the shoulder. and
testified that the bone was broken.
lie also stated that he Was whipping
his horse with his right hand when
the horse fell.
In the cross-examination witness
testified that he did not recognize the
defendants features nor those of old
man o'Neil; thai lie knew the former
by the clothes he wore ut the time,
and recognized the elder o'Neit by
his grey beard. Witness also testified
in cross examination that he had
never seen X. &. o'Neil, Jr., tho de
PENDANT, wear such clothng at any
time previous, the suit as he described
it. being OF brown canvass, his head
being covered by u broad brimed
white hat.
NJ. T.. Basse.t was the next witness.
His testimony was oorroboratIve of
his brothers.. IL, had visited the
scene of the shoe ing found evid-
ences Of persons having been at the