February 6 1879 Testimony (Trial of a G. W. McKinney for the murder of Nimrod Shaw)

THE TRIAL OF A G. W. MCKINNEY FOR MURDER.

While researching my George W. McKINNEY, I came upon a George W. MCKINNEY who was tried for murder in Fort Smith ARK 1879. Subpoenas are served for support for him to some individuals in Carroll and Ray Counties MO. I have found there is a George W. MCKINNEY, b. 1839, in the Carroll Co. census in 1870, b. MO., and though I’ve no proof I am assuming this may be the George W. McKINNEY who was on trial for murder. He isn’t my ancestor. I’m placing this material online as I have it and may as well make it available.

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February 6 1879 Testimony

In the District Court
of the United States for the
Western District of Arkansas

UNITED STATES
AGAINST
George W. MCKINNEY

The Defendant states that he is charged by (unintelligible) pending in this court with the murder of Nimrod SHAW in the Indian Country on the 8th Day of May 1872 that Landis F. ELLIOTT, T. G. (or T. J.) ELLIOTT, B. H. HOGAN, Walter S. WILLIAMS and Thomas B. MCKINNEY and George R. HIGHSMITH are witnesses whose testimony is material to his defense and without whose testimony he cannot safely proceed to trial. That they are now present that he is not possessed of sufficient means and is actually unable to pay the expense of procurring the attendance of said witnesses. That his friends have exhausted their means in paying the expenses of said witnesses in traveling here from where they live in Ray and Carroll counties in the state of Missouri. That he can prove by Landis H. ELLIOTT and T. G. ELLIOTT that they were present at the time of the difficulty between this defendant and Nimrod SHAW and that SHAW and this defendant were working together and SHAW threw mud upon this defendant when the defendant remonstrated with him and the said SHAW after cursing this defendant and (unintelligible) him drew a large iron shovel in a (unintelligible) attitude upon this defendant and was in the act of striking this defendant with it when the defendant struck him on the head with the flat side of his shovel holding it in one of his hands only and before rising from the stooping attitude in which he was at the time at work. By B. F. HOGAN and Walter S. WILLIAMS who were also present at the difficulty he can prove that the said Nimrod SHAW at the time he struck him appeared to be in the act of striking this defendant with his shovel and that he was a large and powerful man quarrelsome dangerous and overbearing in his character. And by Dr. George R. HIGHSMITH and Thomas B. MCKINNEY he can prove that they have known this defendant for almost his entire life and know that his character is good and was always good as a peaceable and law abiding man. These statements he believes to be true and he knows of no other witnesses by whom he can establish them. Sworn to(unintelligible) George W. McKINNEY before me this 6th day of November 1879.

Stephen WHEELER

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