, 1891-01-22
THE EVIDENCE IN.
Arguments in the Mckinney Case
Commence Today.
A Verdict May be Looked For
Tonight.
A Witness Who Hesitated About
Tcstifying.

So far as the Introduction Of evidence is
concerned, the Mckinney trial mas ended.
and the case go to the jury some time to-
day. The SQUIRT room was crowded again
all day; part of the day standing room was
at a premium.
1t is quite difficult to make any predic-
tons as to what the verdict of the jury
will be. The case has been a hard fought
one from the instant the defendant
stepped inside the court room, and, in
many instances, the feelings of the attor-
neys carried them into the region of per-
sonalities. One thing is certain, however,
Mckinney did not do bis case any good
by going GA the witness stand. His ac-
knowledgment that he hal st tied to one
OF the board of commissioners in his
county that he had stolen part Of the cat
tie in his herd remained unexplained yes
terday. and that fact is bound u lave
some weight with the jury. Again. his
" statements showed him to be con
nected with persons who were known by
him to be ''rustlers." another circum-
stance which will do him no good.
Throughout the trial Sheriff Kelley has
kept a very strict watch on the prisoner,
as he has been apprised that Mckinney
would not let an opportunity to escape go
by UNDECIDED. When Kingen and Nc
Kinney were IN cour together on Tues.
day the number OF deputies surrounding
them was quite noticeable.
Much of the testimony of the defense
yesterday was directed to proving that
Mckinney owned cattle which ranged in
this county, a fact which would explain
his presence here at different times. Part
of it was also directed toward showing
that Wyoming cattle often drifted into
Nebraska, a circumstance tending to
prove that IT the defendant had stolen
Wyoming cattle. it did not necessarily fol-
low that the crime was committed within
this county.
Ia the morning the defense did their
best to impeach the damaging testimony
given by Wilkie Gray. According to
Mckinney Gray should be placed on trial
and he be used as a witness. On cross
examination of the prisoner, however,
Gray s actions in the matter we're cleared
up a little and any evidence as to his
credibility rendered unnecessary.
Sam Smith. a witness called by the de-
Tense, proved quite an interesting person.
age. Smith seems constitutionally OPP
posed to either denying or admitting even
the simplest TACT. Whenever, in an I'M
guarded moment, a direct answer did es-
cape from his lips, be Immediately pro-
ceeded to overtake it, ana attach a string
to 1t. He testified that he had seen Wyo-
ming cattle get into Nehra ka on several
occasions. aud mentioned one of the
times. He also stated that he had been
suponaed BY the prosecution, but that
they had not placed him on the stand for
ton, it was quite evident that Smith
could be a very important witness if he
chose to-. II was shown that Smith had
been brought here on account of his
knowledge in relation to a drive which
had been made. On the afternoon pre-
vious to the night on which a band of cat
tie had been taken from Wyoming. Smith
had seen two men going towards Goshen
Hole. The next day the fence near his
place was broken down, and appearances
pointed towards the fact that the fence
had been broken bv these cattle being
driven through. The prosecutian endeav-
ored to introduce a conversation which
Smith had had with a neighbor in relation
to the matter, but 1t was excluded.
Smiths reluctance to testify was evidently
owing to the fact that his own reputation
is not quite as clear as it might be on cat
tie stealing. He has been convicted sew
eral times in his own county of theft; and
he has evidently had enough of law for
some time to come.
The disposition of mavericks by the
foreman of round-ups was testified to by
witnesses on both sides, and on this point
there was very little conflict. But when
it came to treating of the manner in
which crooked cattle were treated,
there was no little disagreement Part Of
the witnesses stated that these were
branded by the foremen in the same way
as mavericks, while the witnesses for the
defense denied this.
A justice of the peace from Gering was
brought here by the prosecution for the
purpose of showing that Mckinney laid
claim to certain cattle, but he got here
too late, and was put on the stand by the
defense 10 prove a sale Of some cattle
alleged to have taken place between
Kingen and Mckinney. He stated, how
ever, that he remembered nothing of it.
Several witnesses were introduced by the
prosecution IN rebuttal OF some of the
evidence brought out by the defense.
When these witnesses had told their
stories, the time for adjournment had ar
rived, and after making some arrange
ments as to the length of the arguments
to be made today, court was adjourned to
$50 this morning.
Oil M-U ~ II