, 1891-01-17
FIERCELY FOUGHT.
Legal GIadiators COntesting Every
Inch of Ground.
The Case of Kinch Mckinney Nov
ing Very Slowly.
Prosecution and Defense Watching
Each Other Like Hawks.

nor can an atuulItdl De d|IITlDuIeQ 10 want
OF keenness on the part of the prosecu-
ton. Both sides are on the alert, and
the case will no doubt go down as one of
hardest fought battles In the criminal his
tory of the court.
The interest in the case is on the in
crease, and yesterday the court room was
crowded again. Among the spectators
could be noticed many cattle men, all of
whom are very much interested in secur-
ing a conviction, For years cattle own
ers near the Nebraska line haze suffered
much from the raids ofthe band Of which
Mckinney is a member. Heretofore all
efforts to break up the gang have proved
unsuccessful, and until Kingen was CON
victed no member OF it had been brought
to trial, although several of them had at
different times beer arrested. Should
Mckinney and Brantner be convicted
their associates still at liberty will doubt
less be too timid to pursue their favorite
occupation of r%ustling Wyoming cattle for
some time to come.
Yesterday w. r. Stoll, ex county and
prosecuting attorney, was called in to as
slst in the prosecution. MIR. Stoll handled
the Kingen case last December, and dur
ing the trial, necessarily became ac-
quainted With nearly all OF the material
facts involved in the present case. On
this account alone his services will be
invaluable. The defense were for a while
inclined to demur at his being called in,
but soon acquiesced.
Messrs. Thompson 4 Bryan of this city,
Mr.. Raynor of Sidney, aud Mr.. and Mrs.
W. J. Richardson of Gering, are defend
ing Mckinney. All of them take a hand
at objectinR, aud much time is spent in
urging legal points to the court.
This morning the balance of the jury
was secured. The panel had been ex-
hausted yesterday, and five new names
were secured on an open venire. As none
of the men summoned this morning had
served on the KinRen case. no trouble
was experienced in finding jurors without
opinion. bias or prejudice.
The first witness introduced by the
state was Robert G. Walsh, who testified
to having seen Mckinney in Wyoming
several times. Mckinney did not try to
explain his presence in this state.
The remainder of the day was taken up
in the examination of Charles r. Smith.
Smith is the man who was questioned on
the Kingen trial as te why he came West
and who replied that he had graduated at
the Ann Arbor law scnOoi, uau gone
broke In the East and had come out West
to grow up with the country, He was
foremen for the Pratt & Ferris outfit for
some time and was very well acquainted
with the section of the country IN which
Kingen Mckinney gang worked. Most
of his evidence consisted of diagrams
placed on = blackboard. He drew a map
of the country lying in and about the line
between Wyoming and Nebraska, and ex-
planned, by means of his map, how it was
impossible for Wyoming cattle to get into
Nebraska of their own accord.
The defense objected most strenuously
to the introduction of this kind of svi,
dence, asserting that it was irregular in
the extreme. They claimed that the
prosecution could not establish their case
BY direct evidence, and that they were
e%ndeavorinE to do 1t in this roundabout.
manner. This brought forth a retort
from the prosecution that they be allowed
to conduct their case as they thought best.
The objections we're overruled and Smith
proceeded with his lesson in geography.
The witness then proceeded TO show by
means of the blackboard, the alterations
made of the brands belonging to the Swan
Land 4 Cattle company and the Laramie
River Land & Cattle company. Some Of
the changes made were very ingenious,
but, according to Smith, others we're done
in a very bungling manner. Smith stated
that he had found in McKinney's herd
many head with the brands altered.
Some of these Mckinney had endeavored
to regain possession of by means of a writ
ofreplevin; but his efforts we're unayailing
The witness stated positively that the
cattle so found belonged to Wyoming
parties, and that the brands had been
altered. The parts of the brands altered
were much fresher than the other parts.
The evidence in relation to the alter
alton of the brands was objected to on the
ground that it was expert testimony, and
that the witness had not shown himself
competent to testify as such. The court
ruled that Smith had qualified, and the
evidence was admitted.
Smith vent on the stand at . O'Clock
ard when the court adjourned at 6 O'Clock,
he was still there. The cross examination
will be commenced this morning, and will
no doubt last all of the morning. From
the present outlook, the case will last till
the middle of mex week.
When Mckinney came to Nebraska
he had but one horse. When the present
prosecution against him was commenced
he was worth some IS, 900. Some of his
property has been decided to the young
lady to whom he was to have been
married; aud the remainder of it is being
disposed OF 80 as to furnish him with
ready money.
The World Enriched.
The facilities of the present day for tie
production of everything that will con-