Justice Court / Tybo Township / County of Nye

Proceedings of the Inquisition held on the Body of Maurice M. Donahue

Dated Sept. 14th A.D. 1888

Filed Sept 23rd, 1888

1. R. Brotherton, Co. Clerk

Justice Court – Tybo Township

Coroners Inquest held this 14th day of September A.D. 1888.

State of Nevada}

County of Nye  }

In the matter of inquisition upon

the Body of Mr. M. Donohue

Deceased

before George Turin J.P.

Acting Coroner

Jury Empanelled and Sworn

1. Benson Being duly sworn deposes and says

I reside in Tybo. I know the deceased & recognizes the body as that of Mr. M. Donahue deceased. On the 14th day of September 1888 I was in Tybo on Page Street. Myself and James Butler were going to D. Dimick’s cellar to get groceries. I saw two men talking. Mr. M. Donohue the deceased, and I think George Oakes, after walking about one foot pass them. The deceased walking up to me from behind, when I turned towards him Mr. M. Donohue the deceased drew a pistol close to my arm and fired and kept firing two shots and may be more. The first shot struck me in the left arm between the shoulder and the elbow.

Deceased at the time of firing the first shot said Butler, and made a very insulting remark. I saw deceased and Butler struggling deceased on the ground and Butler over him. I run to the water trough to bath my arm when I heard a shot & saw the fire but could not tell who fired the shot.

Question by Jury

Do you or do you not know that Butler fired a shot —

Answer            I do not positively know that he did.

Question          Were there any other persons doing any shooting whilst the deceased and Butler were shooting.

Answer            Not to my knowledge

Question          Was there any shooting going on after Mr. M. Donahue deceased was on the ground.

Answer            Yes

Question          Can you or can you not state to your own knowledge whether deceased said when on the ground Butler don’t kill me.

Answer            I cannot state positively

Question          Did Butler make a reply to that question.

Answer            No, not to my hearing

Question by Coroner  You stated in cross question that deceased said to Butler don’t kill me. Was there a shot fired before this appeal was made.

Answer            Yes – two or three.

Question          You stated that deceased fired two shots, was the appeal made before or after the deceased fired the two shots

Answer            After the two shots were fired

Question          At what time of day did the shooting occur

Answer            At or about 7 o’clock p.m.

Question          State where the shooting took place

Answer            At the corner of William Tell Saloon on Page Street in Tybo Nye Co Nevada.

Louis Benson

George S. Oakes. Being duly sworn deposes and says.

I reside in Tybo. I am well acquainted with Mr. M. Donahue. Examined the body of Deceased and recognizes it as that of Mr. M. Donohue. I was in Tybo on the 14th day of September 1888 at 12 o’clock. Was coming from the Fox Mine, saw deceased laying on Lounge in Mrs. Gilmore Saloon House. I eat supper at Mr. Gilmores at about 6 o’clock. I went out to get the horse; I got the horse. Deceased gave me one dollar to find an Indian to get the horse, the Portuguese-boy got the horse & I gave him 50¢, not finding an Indian. After getting the horse, I came out of the stable, then I saw James Butler, Louis Benson, William Corbett & several others. I walked from stable door to near the corner of William Tell Saloon. There I met Mr. Donohue – deceased, I pull out the 50¢ left of one dollar and handed it to Deceased, saying I only used 50¢ of dollar. Deceased said keep it. At same time I remarked to Deceased let’s go home, on account of James Butler being at the Stable having heard that there existed a hard feeling between deceased and Butler. And deceased having been drinking, I wanted to get him home.

I noticed coming down two men on my right which turned out to be Mr. Benson and Mr. Butler at the time deceased did not speak but went down in the right-hand coat pocket. Then there was three shots fired in quick succession, I believe I heard Mr. Benson say he was shot putting his hand to his arm. The next I saw or recollected positively Mr. Butler & Deceased were both on the ground. I will not swear positively that there was anyone shot when the three shots were fired that any- one was shot but Mr. Benson. Deceased and Butler were tussling for the possession of a pistol that was on the ground. In the tussle, Butler clutched the gun and made to strike deceased with the butt. When I grasped the barrel of the gun, Butler then with another gun in left hand presented it at me and said, get out of the way or I will shoot you or kill you not positive, somebody made the remark don’t kill him. Mr. Butler then fired three shots at deceased whilst on the ground.

Questions by Jury

Are you sure there was only six shots fired.

Answer            I am not positive.

Question          Did deceased insist on going up to the stable whilst Butler was there after you asked deceased to go home.

Answer            At the time I asked Deceased to go home the 2 men were coming down and were along side of us.

Question          At any time during the struggle did you hear deceased say to Butler “Butler don’t kill me.”

Answer            Could not say that I heard deceased say it.

Question          Did Butler accuse you of giving the pistol to deceased

Answer            Yes.

Question          At the time deceased was on his right side on the ground did he have a pistol in his hand

Answer            I cannot say positively that he had.

Geo. B. Oakes

Murdock McMillan

Being duly sworn deposes and says

I reside in Tybo. I was in Tybo on the 14th day of September A.D. 1888.

I was sitting inside of Henry Bohle house opposite the Stables. I heard a pistol shot, got up and opened the door & heard two more shots. I saw James Butler, Deceased, and several more fighting across the street. I heard Butler tell Geo. Oakes to get out of the way or he would shoot. Deceased was lying on the ground on his right side Butler over him. Oakes stepped back. Butler took hold of deceased by the right shoulder and raised him up and fired three or four shots at him in quick succession. Butler let go and walked up to the stable door carrying a gun somewhat similar to one in court.

Question          Do you know of your own knowledge if Deceased had been shot previous to Butler’s firing the 3 or 4 shots.

Answer            Could not say but deceased made no attempt to protect himself..

Question          Did you hear deceased make any remark to Butler not to kill him.

Answer            Am not positive.

Question          Could you say positively how many shots were fired.

Answer            Six or seven

Question by Coroner              State as near as possible what time this occurred also day – date and year –

Answer            On 14th day of September 1888 at half past seven p.m.

1. McMillan

1. A. Corbett

Being duly sworn deposes and says I reside in Tybo – I was in Tybo on the 14th day of September A.D. 1888.

Motion made to excuse the witness

Witness Excused. On the grounds that he was too much under the influence of Liquor.

We the Undersigned, the Jurors summoned to appear before George Turin_____ acting Coroner in and for Tybo Township County of Nye and State of Nevada at Tybo on the 14th day of September 1888 to inquire into the cause of the death of Mr. M. Donahue, having been sworn according to Law, and having made such inquisition, after inspecting the body, and hearing the testimony adduced upon our oaths, each and all do say, that we find the deceased was named Maurice M. Donahue was a Native of the United States of America: aged 38 years – that he came to his death on the 14th day of September A.D. 1888 in this country on or about 7 o’clock p.m.

By Gunshot Wounds. And that we believe James Butler to be the person by whose act the death of the said Maurice M. Donahue is occasioned.

All of which we duly Certify by this inquiry actions in writing by us signed this 14th day of September A.D. 1888.

Thomas S. Grieves                 |           T. Snell

Philip Beck                             |           M. E. Welch

1. M. Hanson |

Felix Ruf                                 |