Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1899-10-11
The Mccinnis Trial.

| At the trial of William H. McGinnis
for the murder of Sheriff Farr of
Walsenburg, Colo, at the term of
court just closed at Ration, the testi-
mony of James H. Morgan, one of the
posse, who was with Farr when ne
was killed at the Cimarron fight, was
favorable to McGinnis. y
Other members of the posse had
testified that at the time of the at
tempt to arrest the robbers in Turkey
canon the defendant McGinnis had a
rife in his nand, and Immediately
upon being ordered to surrender rails
ed his rife to his shoulder and fired
in the direction of Farr, and that
Farr fired simultaneously. Morgans
Testimony connected with this. He
said that at the moment the shots
were fired McGinnis had no gun or
rife, and that he fell Immediately
upon the first fire of the posse
miguel Lopez testified that Perfecto
Cordova had told him after the fight
with the robbers that McGinnis had
no rifleHwhen first seen by the posse.
Cordova swore on the stand that Nc
Ginnis did have rife in his hand
when first discovered.
The defendant then took the stand
and said he was in Turkey canon July
16, 1899, in company with two other
people, but refused to name them;
that he was getting supper about $50
in the evening, and had started to a
small creek about fifty yards from
their camp to get some water, carry
ing canteen in his hand; that when
he got about half way to the creek
he heard the report of gun and felt
pain in his shoulder, as if some one
had struck him heavy blow with a
club; that Immediately another shot
was fired from the direction of Farr,
which struck him in the back and
brought him to the ground; that he
| tried to move, but could not; that
he laid on the ground several min
utes, unable to move; that all the
time there was perfect volley of
shots fired in the direction of the
camp; that he tainted away and knew
nothing more of what took place until
about dusk, when he regained con-
sciousness and found one of his com
panions standing over him, asking
him how badly he was hurt.
This man he afterward admitted to
be Franks. He stated that he and
Franks then went to where Sam Ket-
chum had fallen in the rocks, some
distance away, and there they found
Ketchum so badly wounded that he
was unable to mount his horse.
After some conversation with Ket-
chum, Franks and McGinnis decided
to leave Ketchum and seek safety in
fight.
On cross-examination defendant re-
fused to answer many questions asked
by the prosecution All questions re-
lating to his former life, his acquaint-
ance with the "Black jack gang, he
refused absolutely to reply to, and
would only answer relating to the
fight in which Farr was killed. When
questioned about the train robbery at
Folsom he refused to answer. When
counsel for the territory attempted to
compel McGinnis to answer. When
questions, McGinnis addressed the
court, saying:
eff the court please, l am here on
trial for murder. | understand there
are charges against me for
train robbery and for murder. I have
been put on trial without any chance
of procuring many of my witnesses.
have no way to protect myself, and
| positively refuse to answer any
questions except those asked me con.
cerning this fight, and I will not un.
der any circumstances answer any
other questions"