HERALD EXTRA.
Testimony in the Fitzgerald-McNeill Murder Case
The Trial of Maurice Fitzgerald (r tli think, at J no. Montgonn r 's house.
Killing- of Daniel .McNeill, near To Q. by I. A. There was another
Greenwood, ( ass Co.. Neb., wound on his (McN.i chin, a bruise,
en the isth or lire. 7.s.
UCKT ON TIIK NTAXP.
About 50 Jurors were put in the box
before a satisfactory selection was
made.
DR. II. !. ROOT,
, In December 1878 I saw him at .In.,
Cross-t'Xainination b Mr. Mar.juett .;j Montgomery's in this county. Vcled
I was the lirst ouvsici m called. !! as Coroner at the Inmii. it ..
only; must have been produced by a was conscious. It was between ton, or :i. of January 179 He v
morning, ' ' ' ...;ini live o clock : left next, morning at "ouna dead. Jt was his ii.
TOM MCNKU.L SWOIJN.
Am a brother of deceased, remember
s shot the 1;(sl
aw liim at Mont-
e alter lie u..
brought to rl... !.. ........ i. ...
an inch in length. Saw Fitz. before I p. ' ' 7, , i1'""1 :;
iMiiiwentt,, S(lfi r,.v .,), ( : " ""in ne.i i, M ii-
McNeill, ab,ut a mile north of Creen-I "e wanted a drink of water. I
i. i . w:1Ilt i; : ; u,itilinkl,)omu
- . "uesanihe could imi i
Court pened Tuesday
April 2'Jth, 1871, with the case of Me-ki,'k- Ani :l lrac-t icin l'hysician ofjs o'clock; (shows where the head:
ill vs Fitzgerald. lu -ve;l,s P'tice: know Maurice Fitz- wound was: could not tell which wav
For the prosecution District A ttornev aald, M udge her.- excludes the other the ball came: passed throng, th'ev," .. ' , ' ,
J.C. Watson, (J.S.Sin it h. .1 K. Mori i-' witnesses). I saw him at my office, in back of the head; died of wound in ' , , , -
eenwoo,l on the afternoon of the ,tl,e 1(I,,lst . UtUa mtiiiHlirti n,HII, i i i - 7",
For defence, UwyersS. M. Chapman.; ,Kl ' " '" tojMlthe ,,ai, ,,llt Ulirik t u,ls aluHt half ( ' t,,ere
T. M.Marquett.and Willitt Fottenger.: l" ' that an illcI, in leil,Ul. S;lw Fi(z. , "J, '7
a i., .no imru -r ,.,, i.. thi.ov he had had some difficulty with Dan'l .,- t r..v ..i v , : " ' uii Mm i
Q.by Mar.juett: - He com.- for med-j t,. tup of the ,1(M(, ,t w;j( (,
urine
IT 4.1
wa the first witness called: aw theical adyice. ! this dressing that he tohl me of t heditv , t f W!ltvl" tl,is
.!..ease.l, McNeill, on the Jtb day of! Marquett objects as bein colifiden-!li(.l,Uv : onlv one i.hi.e !,,... t i.u .-.i.. ",- I,lst't' Armstiomi
Dec. 1878; was called todress wounds tial lKt ween patient aixl physician. ! was broken- (i-,M.e.t tl.. ...,.'..; ... . e 1 ni'lt about IV
at the house (
a w uund in
head, from bullet which passed through. Marquett still objeets : they ar-ae; Mlll swit ah,e , - ... , . : rwas i.eloro Armstrong can..-.
the scalp to tire skuII: did i...t enter, the point and the Judge finally admits(n(.s W).,.,? ,,iin,,e,, wm, IlIo()(, w,)(lM l,''tnt when ir Ji-,l. It was on
the kuli;was abcalp wound. There J the question. ! shot, and couldn't tell if he hit but T'"
wsar.other wound in the riht breast. T i). by D. A. There as some thought he had .as he seldom failed Xam,n :,t,OM '' Marquett :-
ijinches below t.e collar bone, which conversation about the affair. I ak.-, hl(1 ,,t.,M, hailjjnj; Uly a)1 was ('v h V lic was a" brother; I was with
"l probed until I struck clavicle; ball him about the t rouble and he said that ; t..ini at first ronrei sat ion Moiitom " Xt d:iy to"' lM,t s,H',t l,;u 1 '
passed backwards. xamined his b.o k, a man w as .hooting across the creek in irI 's halt or three quarters' of i "mile lim'"; 1 vvus there in the moriiinj,;
found a teuder place near the spine on the woo.is; he hallooed at him ami from Fit.'s; house was" a fair 'hotis - f l'" ' V'li ' lJo,t 1 " "'l,1'nil'''" if I asked
ad r?b; the.ie was no feeling in handslasked him if he was shooting quails reasonably warm ; was not . liereept'ihlV ' '0"di,io" uxt 'oining: l,e
i feet; halhed them and wrappe.i over there. The man said he had not ; better in the morning. I went home S'lUi h" never py P-(,t'l t raise to ,i
them in woolen cloths and gave him et; he then told .him not to shoot f,om i), .!.., ,T.i..,,..i i . , . ,tet ; l,ot th next tlay. he was too low .
ami
was called to dress wounds tial lKt ween patient and physician. ! was broken; (repeats the ,-onvers'.. ion' -7 1, :U"1 ab,,lt ,V
eof Jno.Montgomery.fotind Watson asks: who else was present?! ..ji.out shooting thequaik &r b. in-s v ii -1 a,,i,,:tvil ' Ianie!
the back of his (McNeill's) the Doctor sas the room was full. !it olll iH , t n .... ; S cou vrsa tioii about the
Ktimulants until Dr. IJunne!! came.- quails there ; t he man asked if he own
......v.nwii WIl.tL II.
i.ui ai lei war.is .e w. . n.:..
. , w i ii i.
r
was
-.
M... v... , ,,,,, ,
as- I. , i. . . i. . . . , .
ne eer aii He was going
not mateH.Mv " ""nl ' "' f he to,
of the wound would be 4lelriiH"Mtal.--iher language not pr.q.er herei; tohi ,etter; am not positive whether "l "evl"1 t,J;tt- Several da s after he
Next morning there was scaicelv anvhim again not to shoot his quails orIf,,,i Fit about how i l.M ... ... .. .. ; -said he hoped to get well thought he
1 - "viimii,i,-
. . : At -.
uji"ui nae sani to ( ue rout
.... i . . ...I i : . : i i . i: . i
up examined uie wound ami came to ci hm- hii.ui. r 1 1. sum ue mu. .Man ton: don't think I s tid In
.1 I ' -l . r .. . - l-i. I 11. ....
iii0 conclusion inai luriiier examina- ---o r ii.m uu. .i.t'im iv--.. iiise(iia ti;l time- h- wa
pulse, and his limbs were quite cold. i he'd see about it. The man answered 'that store; never stated to
in
any one
wouldn't; wasn't next morning. Ai
m-
I'ottenger here asks thai ulher w il- saucily, , afterward he heard moie i j,:it he would -r.-t well ,;.,i,, " i .... Mro,ln "vps im J.aueater Co., Mont-
liesses for prosecutiim be excluled(s,l'otir g and went down and m.-l Me-!sai(j there was a re-act iom for the bet ",,K,-V s is ( HSi ('n"'ty. two miles
from the room. J iulge does not ordei ; Neill and asked him if he wa t he man ter. Was sworn in preliminary ex am ;tu1 tWo r three miles from
the same now.) From 8 o'.-h.ck tle-re '' bad hallooed at.? McN. said he w as ; : imilion. before Squire Mathews- never w",d : Armstrong was sent for.
was great diniculty in breathing and Fitzgerald said t hat he t hen made forswore that this might result in the ''-v V:itSo11-n'-,il'',t' -'several days
he was in great pain; by 12 o'clock w ej McNeill. McN. struck him with his'deathof both parties: have no rwcol- 1fte' ''e Sa''1 h'' 'oul,,"'l Iive a"d want
had to 'Hove him by lifting w ith quilts(,m and he fell down ; he f.,.t j,,,, (f stating any such thing- no U" w:itkr' h' sa"1 tl,ilt 1,6 hoped he
and we all stayed until " oVh.ck thej'tbonght he was struck oh t he arm als I'such question wns'asked. Ibnmell' and' Wm,M 'et weiL
tiext morning (20thi; iid nwt see him lfl' s,1t MeN.. who started to 1 1 agreed as t McN's condition- di.l '$ M'l,,lue,t : 1 told him to hae
again until I was .ailed to the post run aiid he shot again : theULdit he had nothear Munn.-lls test iniony at "that ro",a-r-
mwrtem examination on the 1st of Jan-;''it the man and went up to him and time; can't state if C.ievront was at tikuias mcxkili. swohn.
iar. 187. Dr. Munneil and .Vstlf kicked him. McN begged of him not : Montgomery 's house;' the room was K? A.- lama brother of Dan'l
made the post mortem examination :' 1'I1 him. and h. left h.m: said he full; ,-uldn't tell who were there- McNeill; Saw him t be evenim-he w
we found the ball had parsed upwards; went back to where the gun lay. and ; deceased was not mate, iallv b. tte, in sl,"t- at M""lin,ns. 1 hear.l him
to Ha vide, and then inward to apex of(.'t the gun and the cap belonging tojthe morning; did not go back to attend s'l" -"Idn't live; Hells about the
lung, and backwards to poste.i-.r :5d of. MN. shot him with a revolve,-. I.-1 him. as Bunnell had been called j."ater. same as John;I saw rm
ec..nd rib. Lung entirely broken said. W, ti.es was present wl.er. Jus-'did not prone for the ball in the m0In- htl"- t'"-: ' saw Armstrong takeau
l..wn; tock cut s quarts of bloody se- tice A rm.srrom; was at Mcntgon.e, y's. i,,k : think .let-eased died on the itst ailidavit.
rum from right chest; we did not find Mr. A. McNeill sent for him. Ann- v Wats..,,:-It was i the afler- loss examination, :-Can't sav what
the i. all; it may have I.e.-,, scoped out suony ;as ineje at iv'or 1 o clock at n0j,i between 2 and
or it may have remained in tl. bol ;! night itlio istln. Deceased was pros-: Fitz ;
we were as careful as we -oidd be. trated: I did not think he would sur
clock when a'iswer my brother made to Daniel at
line to in v office. He said lie the time he asked for water: don't re-
went home and irot a con or t..:. .,! member: I was never examine.! I....
lMefetion by District Attorney: vive until morning. Testimony of iW-'xUen came to mv ..ilice His house fore on' this case; I hae heard Dunel
when I first saw the wound. I conclud- --s'd was taken b Armstrong; ...h- : t..iK u . sav he honed to live i.t-
" ----- w i. v .7 .(ll
; was a mi. e or m..re from (Jreenwood.
inere was internal hemorrhage, and J 11 "' imiuuui i.- anoweil. j( was th it eveniii"- think it u v )
that if wa a mortal wound. McNeill He was cold and in a bad state; .morei 1 h'li' w:,s lirle'1 k',M"1 forehead f . "' U 'l U'"
ohiedionsi- I tl,i,k ti.uf i,.v ...in...! tr....t ...... . Armstrong came there, but I
jsoeaujmy opinion is that he o,ed J., '.VV;. ; V. iTV: ...i r ' ' 1 ""nl couldn't wear to it - 1 don't k
m . .. . . in ' iim.i iii i iii.ii i ! oiiiii ii l ia . iinr . . -
.mm tne woun.t m In, . east : .again ()bjected to,: objectiun overruled
-escribes wound and the effect it wouhl His mother cried ami left the room.
Lave.; McN. died on the 31 of Dec.. I Court adjourned for dinner.
no ot her wounds.
MIKRIKF IIYFRS SWOICN.
By Watson: -Know Daniel McNeil! ; ing.
now who
sent for Armstrong; I was up with
him all that night, and in the morn-
