Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-22

~ wv PAoco vi tut SuOOt-
ing. IN order that they might better I'M
derstand the position Of the parties.
When the jury had returned, large
number OF cross-questions were asked
by the prosecution, but we are Obliged to
omit all but the most important ones.
Odd you have any tussle, or did
you grapple with any person on that
occasion? Al did not.
Q.-Are you sure that you did not tus-
sic with Lynch on that occasion? A.
| am sure did not.
After Sullivan showing the coat
sleeve which had been burnt the defense
rested.
TESTIMONY IN REBUTTAL.
The prosecution called John E. TYLER
who testified as follows: On tie morn
ing Of the 9th OF July was standing in
front OF my saloon (the CapitoD about
GO or 40 yards from Lynch's chop house.
Q. Did you hear any shots fred Of the
time mentioned? A. Yes.
z. How many did you hear fired?
The defense objected to this question
on the ground that the prosecution had
asked the same question in the direct
examination in their case; and further
that there had been no evidence intro
duced on the part of the defense proving
or tending to prove the number of shots
that John E. Tyler heard. The objec-
ton was overruled and the defense ex-
cepted. To all similar questions which
were put afterwards the defense made
similar objections; the Court made the
same ruling, and exceptions were like
wise taken. ..
Question repeated. A. Three.
Q. Did you hear any other shots at
that time? A. / did not.
]. b. Ayres sworn = Was in Pres.
Wand S saloon, perhaps hundred feet
from Lynch's chop-house. l heard
three shots. If there had been any
other shots in the vicinity l think 1
would have heard them. I heard only
three shots. do not know of my own
knowledge that there were not more
than three. Three were all heard.
A. ID. Jones was sworn, and testified
that he was in his room on Cedar street,
about 400 yards from Lynchs chop
house, and heard only three shots.
THE cross-examination of this witness
elected no material fact. Among the
questions put was as to who were propri-
etors OF the RECORD. The prosecution OBJ
jected, when Judge Pitzer for the
defense, arose and said that
he had AN object in asking the ques-
ton. He wished to prove something
with regard to that paper. The reports
purporting to give the testimony in this
case, as published in the RECORD, We're
utterly against the testimony entirely
different from it. The Court remarked
sustained the objection of the prosecu-
ton. The defense excepted.
P. j. II. Smith, sworn.-Was in my
saloon on Lacour street, about 400 or
500 feet from Lynch's Chop House. /
heard three shots fired.
j. E. Smith, sworn.--I was in my
room on Cedar street, distant from
Lynch's Chop House one block by the
street. heard three pistol reports, and
no more. ...... |.-..l ~ 7 ...
A. B. Hunt, sworn.-Was standing in
the door at the foot of the stairs, in what
is known as Whites building on the
west side of Main street fronting Meadow
Valley street, distant from Lynch's chop
house, about 500 feet. I could see the
sidewalk and street in front of Lynch s
chop house. They were in full view saw
the flash of one shot, and am
very certain of two-the first and second
shots. As the second shot was fired I
turned to 60 up stairs; as l reached the
second or third step from the bottom the
third shot was fired. III. t
The State closed. The court adjourned
till to-day at 10 q. m.
"OUT AND INJURED. This is the
term sometimes applied to one who
has made bad speculation or who has
been unsuccessful in a raid against the
tiger" But we have case in which a
certain man is ont (of jail) but not in
| jured. We allude to the case of Johnny
Peoples, who was committed to the
County Jail on the 1st of this month for
an assault upon a woman. 1t seems,
however, that instead of Johnny Ian
gushing in dungeon, he has been al
lowed to go at large, and for two or three
nights has been seen upon the streets
in state of intoxication, and threaten
ing to burn the town. This is simply
outrageous and whoever is to blame for
this state of things should be dealt with
at once. Evidently there is remissness
somewhere, and whosoever has been
instrumental in turning this creature
loose upon the community, when by the
terms Of his sentence he ought to be serv'
ing out his time in the County Jail
ought to be made to pay the penalty. II
is no wonder that Phoebe has bad name
it is not astonishing that capital shrinks
from investment here-when those con.
victed of crime are not punished. We
propose following up these malefactor.
until they are brought to terms or decen
people abandon the town to them en-
tireiy. ....
ALMOST AN ACCIDENT. Yesterday
morning there came near being an acct
dent on Lacour street, at what was for
merly the Capitol Restaur ant, but is be
ing fitted up as the Idaho Restaurant
A man was at work putting up curtain
over the glass door at the main entrance
when missile struck pane of glass
above the mans head and barely missing
man on the others right at the time
At first it was thought to be stray bal
from pistol or gun used in defense of lif'
or honor, or perhaps for the fun of tn
thing, or from emotional insanity. Al
investigation showed that some men ar
blasting in rear Of brewery on Lowe
Main street, and that nail had beef
thrown across Main, Phoebe and Lacou
streets, distance of 800 or 400 yards
and with the result before stated. 1t wa
mere chance that one of the men wa
not killed. In the absence of munich
pal government there is no remedy 70
these things. A man may build no
pen in the very heart of the city, sto'
! powder wherever he likes and set o
blasts wherever he pleases. But this is
, free country, you know. and that
what's the matter.
GIVE Us MONEY ORDER OFFICE
: was hoped some time ago that Pioch
. / a = - l. las