Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-10-28
NEVADA STATE ITEMS.

Thursday, says: Roberts was one OF the
crowd of prisoners who broke out OF the
Prison two years ago, and who, being re-
captured and tried for jail-breaking and
convicted, got another year added to his
term. Meantime his lawyers took his
case to the Supreme Court on appeal,
basing their plea OF error upon the ny
pothesis that Roberts trial having been
had at Washoe City after the county seat
of Washoe county had been removed to
Reno, there had been no term in law and
therefore no time and therefore no legal
conviction, etc. The Court sustained the |
appellants view Of the matter and
ordered new trial underline indictment.
1t seems that the Sheriff of Washoe
county did make an effort to get posses
sion OF the defendant, but his process !
being deemed insufficient by the Warden,
he was not allowed to be taken from
the Penitentary. Now comes Roberts
counsel, Colonel A. C. Ellis, sueing
for a writ of kdbeHS corpus, basing his
plea, in this instance on the theory that
Roberts trial for the crime charged hav
ng been declared a nullity by the Su-
preme Court he is held without warrant
of law--the said plea involving the other
conclusion that having broken out OF
prison while illegally held there he COM
mitted no crime at all in so freeing HIM
self. Tho matter was taken under ad-
yisement.
THE Virginia Chronicle, of Friday,
says: John Mcdonald, boiler maker
by trade. the young man mentioned by
Us as having slapped lady in the face
on B street, came up for trial before JUS
tice MARBLE Yesterday afternoon. The
lady, who is a miss OF some twenty-odd
Summers and rather prepossessing, tes-
tilted that Mcdonald came up and spoke
to her on the street, and that on her de-
clining to recognize him, never having
seen him before, he threw his arms
around her and kissed her; she then
called him drunken loafer, when lie
slapped her in the face, causing her lip
to bleed. The defendant said he was
drunk and hLew nothing of the occur.
renee, pleaded guilty and Was fined $50
and in default of payment was sent to
the county Jail for 25 days.
JOSEPH PHILLIPS, q native of Cornwall
England, aged about A. years, died at
O'Clock this morning, says the Virgins
Chronicle of Friday, Of consumption
Deceased lived many years in Wisconsin
and subsequently, in California and Ne.
vada. having been resident of this city
for the past six years, most of which
time he was engaged in the saloon bust.
ness on South c street. Phillips was an
old miner, and while engaged i'll the New
Ahnaden quicksilver mines, some seven
or eight years ago, it is believed he con
tracted the disease which finally caused
his death. His wife died in San Fran
cisco abour five years ago, and it is be
lieved that he leaves a son in Wisconsin
He was man much esteemed by his ac
qnalntances.
McISrosH, who is now in the Lande
county Jail charged with killing Mccain
at Galena, was taken before Judge Nc
Kenney on writ of habeas corpus las
Monday, says the Humboldt Regis
ter, and after reviewing the evidence, hi
Honor decided to remand the prisoner t
Humboldt county for indictment an,
tIial, on the ground that the crime wal
committed in the territory which come
under the judicial jurisdiction Of tn
Fourth District Court. The prisone
will doubtless be taken before Judg
Leonard on a writ of habeds corpus sool
after he arrives, which will determine tn
question Of jurisdiction, for the present
The trial of C. f. Johnson, charge
with ali assault with intent to commit mul
der, in stabbing William H. yirden O.
the night of the 2lst Of April last, occu
pied the attention of the District Coul
all day Wednesday, says the Enterprise
and was finally concluded at night abou
II o'clock. The jury, after being out
little less than an hour, brought in a vel
dict of guilty Of an assault, without pro
vocation with deadly weapon, with il
tent to do great bodily harm. Johnso
will be sentenced tomorrow morning f
10 o'clock.
THERE is a large amount of freigh
says the Elko Independent, Of Saturday
now stored and arriving ut our depots fc
shipment by rail, including hay an
grain from the valleys, bullion from En-
reka, silver ore from the the Norther
districts and copper ore from Railroa
district. Owing to the large amount {
Eureka bullion that accumulates on th
platform, the company has been oblige
to strengthen the same to prevent it frol
falling down.
The Supreme Court on Monday mex
says the Carson Appeal of the 23d, wi
meet to hear arguments in the case
Owen Ferguson. under sentence of deaf
for murder in Lincoln county, and Jam,
Harrington, convicted Of murder in IL
second degree in the same county.
decision has yet been made in the case
David NJ. Hall, under death sentence
Nye county.
THE Humboldt Register says: A lad,
in upper town, created quite sensatio
one day last week, BY cowhldlng sta
wart son of the Emerald Isle, whom 81
accused Of having grossly insulted her q
several occasions, and circulating sla,
derous stories. calculated to injure h
good name. No cards.
JUDGE HARMON last night (says Il
Eureka Sentinel Of Sunday received
private telegram from Austin, announ
ing the death Of Col. Robt. Allen, Pos
master at that place. The Colonel vi
well known throughout Eastern Nevad
He was advanced in years. and his dea
was therefore not wholly unexpected.
CASES ON AppEAL.--We learn from Il
Carson Appeal that the argument in Il
two criminal cases on appeal from Il
judgment Of the District Court Of th
county, was to have commenced yeste
day hefnra the Suprome Court mi