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

leave White Pine county, and 90 TO Ida
no Territory to influence one WE Ia
Ior from coming to Hamilton, in No
vembcr to testify for the prosecution, TO
what he knew, respecting the assassin
alton OF X. c, O'Ncil Sr. at Osceola in
June last!" objected to, and objection
sustained. Direct examination rrpeated
IN cross examination respecting Daily
and O'NeIl coming To witness house OH
tie 10Th: know il was the 10th because
the shooting Of Bassett fixes the d..e in
my mind; the bottle OF whiskcy had
nothing to do with my recollection of the
date; took or ) drinks: went 10 Led
sober that night; U Neil took INV hat by
mistake aid 1 sent my boy after him 10
get II, therefore / know il wus black
hit; his vest was buttoncI up: saw the
front Of has jumper, il WAS checked. large
checks " stripes. blue uE black; pants of
the same kiud oi goods as ihc coat and
vest. and dnTk good; did not notice his
boots or SHOES. Witness was subjected
to II Ilg!d examination as to U Neil 5 tIrc.,s
on the 18th, and testified positively to
minute particulars. james Mc NuIty
cai!cd and sworn: Ny name Is James
Nc Nu!ty: reside at Aurum in White
Pine county have interest in store AZ
saloon; was at home ON the 10th day of
May 1888, knew O'Ncii Sr. saw him on
the 10Th, had some business transactions
with him ON that day; took from him an
order from Mrs, Nickel; lwitncss rccog-
nizcd the order exhibited as the one ,l
Ken on that dayl O'Ncil was paving n
man, think his name was Daily; Daily
objected to t4Aing an oricr, 50 W. accep-
ted 1t and my partner lIr. Davis,
ci.ahcc the order; | was present; cAula-
ined my bDo. before came here TO be
certain th"t II was on the IO.h OF MAY;
Sold. .O'Nc.I some baking powders and a
small flask OF wh!akcy; could moi state
at what time last saw. O'NeiI on th.t
day. . Neil was i'll III. habit Of ,!sithI.
our store when he came to AurUn; he
WAS not III our store cilhrr the llth or
l2ih; had u conversation with ON,il
some time in April about potatoes; lac
wanted my team 10 - 10 keclan's after
po;hiocs;-Cross examined: Ny present
place Of business Is at Aurum; Mrs Nick
els boarding house is about lL,miles up
the canyon from AUnm; Partner made
the entry in the book on the 10th in ref
creme, To the order: d lily WAS at my
place when o Neil came down from the
bonrd!as hoL-c; Don't know when
DAILY came there: hc was at our place
on tnc llth ana lZth; Don't know any,
thing that took place on either d.y;
rcco!!cSt no on who was there ON ci;h-
cr day; don't know positively in what
month O'Ncal asked about the potatoes
Recess ill =. NJ.
Evening session Court convened ot
r. II. j. McNulty recalled. Gro. y.
examination continued as follows:
/ have not attended this trial MS Il
su'9wIird witness; cane at the sur-
gcston of Alr. Cameron; saw Howe Il
witness in this case in Jail to-day; went
to talk to him about the occurrrnc in
spring Valley; I told lin he knew he
WAS not within 100 miles Of O'Neil's
ranch when lac says lac was: told him
thr only way Ia could get released, was
to do right; don't think | told him tho
only way he could be released WIS 10
eb ok what he sworc to. Redirect.
l old I'm, Howe h. WAS ut within 100
Ini a. ui the O'Ncil ranch when he s,yorc
hc was; asked him why hc sworc Ia was
there; lac said lac WAS there; never tcsti.
ned IN this case before: have furnished
u" means nor taken any active interest
in this prosecution; went to see Howe
today on account Of my friendship for
him; saw horscmnn coming from the
direction Of Spring Valley on the 10th:
did not recognize him rs O'Ncil: saw
. Neil coming froin the direction Of the
boarding house at the mines nbout 10
O'Clock on tho 10Th. Mr.. Cnnmius
called: | reside Mt Cherry CfceE: (
deal III lumber, hay and grain: have
been III Cherry Creek about three wears:
knew X. &. . Neil Sr.; he resided in
Spring Valley east OF the old town OF
Picrmont; can't say how long | have
known the defendant; remember 10 have
seen this boy. think II wns this boy. in
Phoebe in the year 1873; know the rcpu.
tition of this defendant, his brother Will
linm and his sister Alice, for truth and
reracity in the uCighburhooI in which
they live; it is bad; from my knowledge
Of their reputation for truth aud vCrncity
would not believe them on oath. 1
saw Mr.. O'Ncil an1 one Of his sons in
Piochc IN 1873, am not POSITIVE that IL
was this defendant; don't know certain
that | ever saw this defendant till 1876;
ain not positive that saw anything or
heard anything affecting his reputation
for truth and yhmciiyin 1876. something
occurred in Cherry Greek previous TO
1881 which caused the defendants rcpu-
ta,ion 10 De discussed Various parties
stated that IL WAS bad; during the ycnrs
1875. 10, II and ~ heard that his repu.
taiiun WAS Ind; do not wish 10 state pos
itiycly that his reputation was bad in
1915; II was lad In 1870; this boys re-
putOtiun was discussed IN 1876 and was
bad: heard II discussed by Patrick .Flnu.
ignn; know Flanagan; the conversation