lie (
lie V
Never heard kim say he would tet!i,L0,,t of interlineations iii the affidii-ithat evening at lionie; went after Dr. 'grass, tracked liim to where l
well. I v 1 1 . Hoot, and telegraphed for Dr. 1!
T7 Watson owrlm.iril liim s:i In. ArillStlOII WilS le-Called : " A 1 1 the at Ashland I w.. V i . . . i.. 1
would get well (tries to fix the time interlining was done by myself. I Hy Marquett: He was my broth-been down. McX. went a ouarter uH
1 . 1 . . : I 1. 1. I 1 1 . U'liltt t III IVl Mti.l I hliki .i...lint. ', I.. 1..... . 41...... I , " " I
wneii ue s.iiu 110 uwpeu ne wuuia gei j mucu miu a nuraiiuu, ri-ni-i.i j int-ie is a wagon iracK mile to the first price and about tw
well.) itind that was how tlie interliniugcanie.; where the sho. ting was; I tell the or three rods at a time after that, t
MR. AKMvruoMJ swoK.s. i'."' s'e"c" 11 " V'u "'inumM-jgiouim uv mains oi wood, vVc. JUd tiie place where he was found; It w;
. jtmns were made, (examines paper by not say to me he was as much tu on Ilathawav's land Cass Co fro
thfm-e'ilmhd 'ZViT- f 'r Att'"". vs;: bl une as Fitzgerald was; (Montgo.n- . he first place lie fell to at pla Je w;
the signatuie is Daniel McNeills; 1,1 here is no alteration 111 it except ei v was led out.) -about 1 1 rods
held the p-n and he wrote the letters :!t hose made bv mvself and it was sl-'u-l Moses ClH.vi-.inf is culled (',, m,. ;.. t. ... . r. : . ,,.x
in Dec last, at Montgomery 's house, ed after the interlining was all done.)' with gun. rap and pi,tol. II.- unloads the 'gnn is iv I n, he rV si ...4 Si
about Ja. in.; was sent tor to go to Marquett makes witness show just the gun and pistol in presence of t he had tic se.'i. we-'
v.x .w..ov., ..... ... ....... oiiwl, mm in; nun nuing came; Miijecth court and Jury. the cap
saw McN. on a lounge. iMarquett ob-- ,.raj (iat the paper is onl v the sub- c, imili ... . Yll ..,,,;,.
iet.t intriMlin-tion if I lit unid.-ivir ni-Lt ...... i. ........ .1.. i." , I C1IEVUOST IS SWOH.V. , . . . loll. N O lel.ltlOll
- - .-.1. ...... , nt,u mi- . iiiu.xi wece.istu. 1 1 ' I i 1 1 1' 1 McN- brotlit'i of I Mm
dj ing declaration; Watson a. goes the Watson reads the affidavit of DanT Marquett makes a motion to strike'..,, ni. i v'- nut'mnc I,
i0"1 il .,,iU't,.of l" :Uli'Alvk 'f "'. !'- ten d along where he had fallen -7,1
........ ..., .......... .-...i .'- r.i.. ; j ix iiiriamuon or Daniel ilcVeill. ceased. 1 lie v ion l lens 1 lie storv ol the states what -TP t-i- i'd sill il. of f L
when all hope t life is gone. The lf-'CassI'miMv. Nebraska shuotinr as received Iron Fitzgerald: ...... ml.,. '..?. . . ' , .
fei.se claim he had hoi of UtV that! Ttlt. iVstimony of Dan'l McXeill, heli'l MeXeill struck him with the butic.lwssed'pai't of Hatha v vs U ou n! loi,
evening, was expecting to live, c. ;bririj irst tUi,v swon, ,k,,,oseei !l!1(1jof the gun ; "I drew mv revolver and to mine
The judge sas this is an important S,is: I was shooting 011 west side of! shot, and as I raised up I shot again ;" , . x
point, and gives leave to argue al larirek . it m. '....... v..i. ...riiHs.inl "I kii-Lxl Inm i.nt .ti.ii.'t w,,.t- J. ( . mii.i. m or..
after prosecution get in all the testHi hear.l some person on the east side' kill him." 1 (Chevront) took the, ?ineinlers the lth day of Decen
kA.,f I....... .... l 1-. 11"!. T . I. . ft, Y.... ! A 1.. . t h I
liioii nicy n.ie on 1 11 is puiuu u-j -iiiking one said I have oidernl two !('v,lv'r lroml itz.on the INth of Dec. '. vxt- u,iu ua i dm
ness answers Watson's question. 1 1 ,,,,, .,0- ti.u inMi-iiimr -.n.i 1 i.at i. ...... i.iai mv store it was loaded, and I i.r... ioie. in (Jreenwood, (states what Fit
was asked to go there to take a inai.V Jshoot the first son of a It h he found the loads here before the Court; ,iv,.'ii'h ''.nit same as ihe othersj; tol.
uing lesuuuinj. j.eiore 1 m,n me u, Ullt nir t,ei e, then 1 went along r-oim- chambers were loaded ; Fit, sho: t wice "1r " "ei e 1.0 go 10 mm Mc.N. I wen
lesumony 1 ioiu mm wnai 1 was inert ,Ji.si;iiice and shot at a Woo.lpeckeran.l and reloaded it again, and 1 got it full " .ouiei s, mentioned; tound wher
for: I said I am hereto take your dv-mu Maurice Fitzgerald hallooed to mr He said that was the levol- tlie s'';ty I,;'1 happened; there wa
ing deposition, are you tit to give it 01 j - jHVt. V4M, Slot ;i!iy (1itjsv" j reiditd ' VT- Didn't sav just when he loaded u1,)(m1 "I""1 t'"' ground, or snow: snu
be sworn? he said he was, and I swore ; that I had not, and he said "vnu had it. The gun and cap were delivered to was lUr inches deep; wen
me niciu aim sat i. mm unui ne lom Letter nut," 1 said: ".Iocs t hem quails me on the dav of the examination, by u .Monigfnnerj s House ahout
all there is in that writing. 1 wrote i ieong to you He said "yes" 1 s.ti.l inquire Mathews, but don't remember T,il1 ter uf ;l 'diie; found blood tiv
arm aaweu 111111 as 1 went along 11 n I 'Have voii the papers for it," He said who gave it to me to keep. Fitz said11"" K'Uiid wmou wnere lie
was correct; Dr. Koot, his brother.iils none of vour business. I'll show he pi- ked up the gun and cap and laid 1,e' N ,,owb ;i i''l apart, .011 Hathaw
and some women were there; I tinished von." I s.ti.l", "kiss mv b d" He li' "i under a box near his house; said 1;m1- .
me wriung and went 10 me Kmiige'ti,,,,. rame vpi- to ti... 1,1 1 it was McNeill's can an. 1 the .r,m - i"-e.aniinau.:ri. 1 hKK up on
arid read it carefully and distinctly to loading mv gun, and sa s:-"ai e vu the j ; '1? ol11' broken over his head; said it the 11 ne ?m north and tTiidJJhej;
hini, and aske.l him if that was cor-.'man that said that" I said "yes." He ' was on opposite side of t he creek near cul'"e1' ;ltl'1 looked through; it was
net. and asked him to sign it. he ai I then drew his hand with a revolver i,,'" 'Iniw. Hathaway s land.
he could not hold up his hand to make it and struck me on the head.and drevvi Kv.: Said it was near the JAs. w vtmis worx
his mark. Init could spell his name.' his revolver and I struck him with the''w that they would find MeN'eill; s .. ... .. . , v f . . '! '
(the paper is shown and identilied., ,i,utt of my gun. and a he fell he fired.;' m" resistance, gave his pistol the'spot thV ext iindav o n mv' w- v
Hy atson - as he in a dying con- aB,i .struck me in the breast. 1 fell and '! 1 an. a constable. He was sit- t(, Moid ''ouierv found i . n , ,', V
ditioti i ( bjected to. .sustained. I we both got up, about the s;u.,e time t ing in Noel's store when I arrested look J .Tt
helped lift h.m; he was ,u great pain and as I started off he fired again and 'I : I told him he was my Hrioner. rl -iamlil m. "er
and veiy uneasy. struck me on the back of mv head I he looked upandsaid "all right Mosev :' tkp 1 U,C t,UI "" ,,e'"
t ross-exammation. -I his was about feil and he kicked me o the face ; he said his brains were neaiiv knocked '
8 :4j a. in.; he said he would be worn Damki. M Xkim.. .: wnt. I saw McNeill next day in the' .'. ihuiam swokn.
to state the facts; I saw him once af- Witnesses present : H. D. Hoot and 'afternoon. He has always contended Know the defendant; saw him in
ter that; he hoped he would get well ; A . E. Wolcott. that they had never found the true Kyder's drug store in Creenvvood ; Dr.
I saw him on the last day of the year; This test imonv was taken bv me and P't where the affrav took place ; 't was there ; defendant stated that
I believe he died New Years' day, l7y. the signature made in my presence on never took Fitzgerald there to identify he had had difficulty with McNeill.
;thu !-iU .1 .tr ,r 1 1 ...V mru flie nlac- in mv LiiiiwIp.Itm . I Tells nrettv inncli samp si.nv :il.,...i
AI.I.N Mt'NKlLL swokn. Joiin A i:msti:on;, .1. 1. wMWitriiuv the quails. ' As he was going by him
"Svl
on !
I am a brother of (he deceased; saw' .i(1i, 11 i..,.t .r..,.., v .... ti... ,. . . .. . McN. struck liim with the gun, and
Daniel after h-i was shot, in the even- brought in " He lm been ve.v s Ul V , tT"r" : ,,h'II,,,,l"'si B', fP. he started t.iruu. Maurice shot him
iugoftheday; I heard him say lie and vm Me ami il 1 mrlit 1 n''-1 " o '! o " ';lf;S,'H,: U is C.oss-exau.inatiou.-Dr. Hoot was
coHldnot livbut a little longer; after bv two men- was d v swo, "V'1,1 1 ' the ,.,, fT old me to go there: d..n't know if he heard conver-
I had been there but a little while he 'Live TVireer wood T-is Yo.mtv m"1 K at . 1,tzl:'il s- I a?ked satiwi.: he said nothingabout kickihg:
went off in a sinking spell, and when Knew DiVi M.-VeTil in 1 s ivv I m -'l".''''' U"' ,was and he or k to me ; said, as he was going
I rubbed camphor on his face ho came about the 8th f I), -ember i r ,,l".t. vv,,,i 1 , tH1 . ' McX. hit him with the gun, and as
to, and said to mother. "1 can't live but him f ,r L I 1 1 , !L 10 ""l1 ,l' 1 '"'v sa"1 1 h;lt ,L Ml he shot at McN.
to.andsaid tomother.-Ucan't.iv.lHit him after he wasshot; about 8 l, ! " ' 1 i J
him again say the name evening he1 h ,n theiVafter e W,lS'. 1 ,wYnl to ,,er , r r, ' ,;Jll's,no!l I
could not live- He u-anfed --,t,.p i- , , ', ' house and got ii; found it under a about the last of l ebi uary; liad a con-f-
!? ? "7.. 1 1 ' , v.l ' ,1i"l,"s. w"M,J.fr " forenoon, went .,00ll!t ,,x a(, t, ,.;ip aLso. fomi( tlu.. versation with him; I told hi,., I wasK
answeied "Cive me all wB t ,', 'r "'. :lIte",,", 1 I.0"'"1 gnu and cap on the IStI, of Dee. sorry he had given way to his passions
live John'' ,Ul:' e;V,f,,Uy -quarter" of a (-rnss Kx!:-The box was 10 or ! and committed such a deed; he said he
Cross examination -Cot to ft n ' lrvin . u l ,ue vm' feet from south door of the house. did just what he intended, and if he
ttoMH 'hTm " -i . t TilS lw wl,1nas, lf ,'" l''r-v- 1 (Contends of gun are offered in evi- had It to do er would do the same
Kf' A,tI n " d,nce together with pistol, cap. and ISest of evident not
I ,1 . I 11 i " 1 1 i 111 iy nig on iiis 1 ace in the snow, he rjfiv,.s 1 materia .)
said that he could not live; stayed was lying on his face hands out, blood . t-,7" , "a. .
that night an.l most of next day; was on back of his head saw no other l,EXIlY Moxtomei:v swokk. ai.iikkt hastinos sw.ihn.
away that night three uuarters of mi 1 i ,.' . . . ... 1- . 11. ..x- - Ctrroboi ated Mavfield's testirnonv :
. . . ' . ----- ...... ...jo intii, itiierwaros ai me iviiow i- 11 :ei am : .ic, v;:s snoi , - .
hour, towards morning; was back ami house, bruise on chin and bullet wound the 18th of Dee; saw delendant that 10 h" '"versation. J
lorwarn auerwaru; never heard him m breast and back of head o.ii.ts to. n dav in blacksmith shoo at (ireenwood : ' uui a.ijourne.i. -v.
say he hoped to get well; He (lid not otT in crotch ; snow was wallowed he' was on a ponv;ha.l Hood on his . T
say it that night, for I was there all down; next morning saw five or six fa-e; said he got 'into a row with McN U ,;I,NI1)AV Morning. Apr. 3d, ,.
the evening; don t remember what places where he fell in coiuiii" from and he had shot him ; he vvent over to Court opened at '. a. m.
John answered at that tune; he might where the nw took place, to there. He the drug store and I followed; (tells . ....... .. ,
have sa.d "have courage, he might get dieil the 1st of Januai v. 1NT1. Scuffle storv about quails. Ao : said he made . . , .7 Al lAA ' t ,
well: he got so that we thouirht he wafn.L- ' ..... i...i"- r...- ....,1 r..v cin.i- 1.;... ;m. I saw Daniel about 9 p. m. that day
better; not that night, but afterward; Countv, Neb. " the gun; he shot at McN. and McN'. ,,,Vt'wl a '"'".P ,,n rlie;ttl. right side -
was sworn be ore at prelimitiary ex-! Cross Fxamination : -Know whereran; Fitz. shot again. Noel ami I examination -It was quite a"
animation: was by when the p.per, the shooting took place bv blood on the went to look for McN.: Fitz. sa.d we ubbed my hand over it and
'" "f, ,...rt.,o,, war, litneu. grass and grass trod down; was north ha.l better look for McN.. as he had it '
atson again offers the dying decln- west from Fitzgerald's, and I live u. w. prettv strong; went bv Fitz's house m? Mate rests,
ration of Dan I McNeill and it is argu-jfrom Fitzgerald's; was on "mowing" across the creek to down on Hatha-
ed. Judge overruled objection iBd al- I foni.d him. i way's land; invself. Cnllion. Noel ami (The conclusion of the testimony in
lowed the affidavit. Ihe District At- Iiy Watson: Onlv saw wound on 1 1.avertv, and. Steven's bov went ; found this case will be found in the regular
lorney tries to read the paper to the back of head when I found him, didlthe place in the snow where the grass ; issue, commencing with testimony for
Jury, and Marquett again object onjnot examine them; saw the wounds; was mashed dowai and blood on the1 defence.)
1
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