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 Subpoena

The President of the United States,
To T. G. (or T. J.) ELLIOTT, B. F. HOGAN, Landon ELLIOTT, Walter S. WILLIAMS, Thomas B. MCKINNEY, George R. HIGHSMITH, Greeting:

WE COMMAND YOU, That all and singular business and excuses being laid aside you appear and attend before the Judge of the District Court of the United States of America for the Western District of Arkanasa, at a District Court to be held at the U. S. Court Room, in Fort Smith, in and for said Western District of Arkansas forthwith to testify and give evidence before said Court, touching such matters as may be inquired of you on the part of the United States, and not depart said Court without leave thereof or of the District Attorney.

And this you are not to omit, upon the penalty upon you of two hundred and fifty dollars.

WITNESS the Honorable ISAAC C. PARKER, Judge of said District Court, and the Seal thereof at Forth Smith, Arkansas, in the said District, this 8th day of February A. D. 1879.

(signed) Stephen WHEELER clerk

_____________________________

Certification that the subponea was served Feb, 8th 1879 at the Fort Smith Courthouse to T. G. ELLIOTT, B. F.HOGAN, Landon ELLIOTT, Walter S. WILLIAMS, Thomas B. MCKINNEY and George R. HIGHSMITH by D. R. UPHAM U. S. Marshal.

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

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.

Return to the index of materials on this case

January 13 1879 Subpoena

The President of the United States,
To Landon F. ELLIOTT, Greeting:

WE COMMAND YOU, That all and singular business and excuses being laid aside you appear and attend before the Judge of the District Court of the United States of America for the Western District of Arkanasa, at a District Court to be held at the U. S. Court Room, in Fort Smith, in and for said Western District of Arkansas on the 3rd day of February 1879 at ten o’clock in the forenoon, to testify and give evidence before in a certain cause pending in said Court and then and there to be tried between The United States Plaintiff, George W. MCKENNEY Defendant, on the part of the Defendant at his expense.

And this you are not to omit, upon the penalty upon you of two hundred and fifty dollars.

WITNESS the Honorable ISAAC C. PARKER, Judge of said District Court, and the Seal thereof at Forth Smith, Arkansas, in the said District, this 13th day of January A. D. 1879.

(signed) Stephen WHEELER clerk

_____________________________

Executed the within subpoena upon Landon C. ELLIOTT at Richmond, Ray Co. Missouri by reading to him on Jan 27th 1879.
George R. HIGHSMITH

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.

Return to the index of materials on this case

November 1878

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

UNITED STATES
AGAINST
George W. MCKINNEY

In the Districtorial Court of the United States of America for the Western District of Arkansas.

November Term A. D. 1878

The grand jurors of the United States of America, duly selected, inpaneled, sworn and charged to inquire (unintelligible) for the body of the Western District of Arkansas aforesaid, upon oath present:

That George W. MCKINNEY, a white man and not an Indian, on the 8th day of May, A.D. 1872, at the Indian Country in the Western District of Arkansas aforesaid, with force and arms, in and (unintelligible) one Nimrod SHAW there and there being feloniously, wilfully, premeditatedly, and of this malice aforethought did make an assault; and that he the said George W. MCKINNEY there and then with a certain shovel made of iron and steel, of the value of one dollar, which said shovel he the said George W. MCKINNEY in both his hands there and then had and held, the said Nimrod SHAW there and then feloniously, wilfully, premeditatedly and of his malice aforethought did strike and beat then and there giving to the said Nimrod SHAW by then and there so striking and beating him the said Nimrod SHAW with the shovel aforesaid in and upon the left side of the head of the said Nimrod SHAW, one mortal bruise of the length of two inches and of the breadth of one inch, of which said mortal bruise he the said Nimrod SHAW then and there instantly died.

And so the grand jurors aforesaid, (unintelligible) their oath aforesaid, do say that the said George W. McKINNEY him the said Nimrod SHAW in the manner and by the means aforesaid feloniously, wilfully, premeditatedly and of his malice aforethought did kill and murder.

Contrary to the form of the statue in such case made and provided and against the peace and dignity of the United States of America.

Wm. H. H. CLAYTON
U. S. Dist. Atty.
Western District AR

_________________________________

No. 1032 (?)

UNITED STATES
VS: MURDER
George W. MCKINNEY

A true bill
John L. MAXWELL
Foreman

Witnesses:
Jonathan MILES
Isaac LYTLE (LIGHTLE)
Wm. S. MILES

Filed Nov 7 1878
Stephen Wheeler
Clerk

We the jury find the defendent not guilty as charged in the within indictment.
Stacy PETH
Foreman

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.

Return to the index of materials on this case

September 21 1878

United States of America,
WESTERN DISTRICT OF ARKANSAS

The President of the United States
To the Marshal for the Western District of Arkansas and to the Keeper of the United States Jail, Greeting:

Whereas George W. McKINNEY has been arrested and this day brought before WHEELER a commissioner appointed by the District Court of the United States, in and for the Western District of Arkansas, under the laws of the United States, charged on the oath of E. (or C) M. Barnes with Manslaughter and having inquired into the truth and probability of the charge exhibited against George W. McKINNEY and upon consideration of the facts and circumstances proved, the said commissioner did adjudge the said George W. MCKINNEY to be guilty of having committed the said violation of law.

We therefore command you, the said Marshal, forthwith to convey the said George W. McKINNEY to the U. S. jail and him deliver to the Keeper thereof; and you, the said Keeper are hereby required to receive the said George W. McKINNEY into your custory in the said jail and him there safely keep until he shall be discharge by due course of the law.

Given under my hand this 21st day of Septemeber A.D. 1878 in the 103rd year of our Independence.

Stephen WHEELER
United States Commissioner Western District of Arkansas

__________________________________

Received Fort Smith Arkansas, September 21st 1878, from D. P. UPHAM Marshal one body of the within named defendant, George W. MCKINNEY, together with a copy of this writ.

Charles BURNS
Jailor

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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September 15 1878 Fees

United States
Versus
Murder
Geo. W. MCKINNEY

CAPIAS
Issued March 4 1878

Returnable Forthwith

OFFICE U.S. MARSHAL
West. District of ARK.
Fort Smith, Ark., Sept 15 1878
I certify that I served the within writ of Arrest on the 18th day of August 1878 at Fort Concho Texas by then and there taking into my custody the within named Geo. W. MCKINNEY whose body I now have before Stephen Wheeler Esq., U. S. Commissioner.

D. P. UPHAM, U. S. Marshal
By C. C. AYERS Deputy
FEES: Services $200.00
590 miles at .06 cents $35.40
25 days end. to arrest at $2 $50.00
590 return P.D. $11.80
24 days subsistence for prisoner $54.00
1 guard $59.00

Attendance before Commissioner $4.00
Serving warrant of commitment and committing to jail $250.00

Names of Guards: B. F. AYERS

$324.90

Names of Posse com:
W. R. AYERS

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.

Return to the index of materials on this case

September 16 1878 Subpoena

The President of the United States,
To Orange Fuller, Greeting:

WE COMMAND YOU, That all and singular business and excuses being laid aside you appear and attend before the Judge of the District Court of the United States of America for the Western District of Arkanasa, at a District Court to be held at the U. S. Court Room, in Fort Smith, in and for said Western District of Arkansas on the fourth day of November 1878 at ten o’clock in the forenoon, to testify and give evidence before said Court, touching such matters as may be inquired of you on the part of the United States, and not depart said Court without leave thereof or of the District Attorney.

And this you are not to omit, upon the penalty upon you of two hundred and fifty dollars.

WITNESS the Honorable ISAAC C. PARKER, Judge of said District Court, and the Seal thereof at Forth Smith, Arkansas, in the said District, this 14th day of September A. D. 1878.

(signed) Stephen WHEELER clerk

_____________________________

Certification that the subponea was served was filed Nov. 7 1878. Notation gives Fuller as living at or near Pilot Point, Denton County, Texas.

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.

Return to the index of materials on this case

September 14 1878 Subpoena of Lytle

The President of the United States,
To Isaac LYTLE, Greeting:

WE COMMAND YOU, That all and singular business and excuses being laid aside you appear and attend before the Judge of the District Court of the United States of America for the Western District of Arkanasa, at a District Court to be held at the U. S. Court Room, in Fort Smith, in and for said Western District of Arkansas on the fourth day of November 1878 at ten o’clock in the forenoon, to testify and give evidence before said Court, touching such matters as may be inquired of you on the part of the United States, and not depart said Court without leave thereof or of the District Attorney.

And this you are not to omit, upon the penalty upon you of two hundred and fifty dollars.

WITNESS the Honorable ISAAC C. PARKER, Judge of said District Court, and the Seal thereof at Forth Smith, Arkansas, in the said District, this 14th day of September A. D. 1878.

(signed) Stephen WHEELER clerk

_____________________________

Certification that the subponea was served Oct. 16 1878at Bourbon Bounty KS by Jan THOMPSON deputy.
Fees of $.50
20 miles at 6 cents per mile 1.20.

Filed Oct. 22 1878

Noted that Lytle lives 16 miles SE of Fort Scott, KS.