Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1878-08-31

on AN isDl ..Er. Z s1I roh HORSE

-
The Eyidence-A Witness Who
Said He Would Get $3.50 II the
Accused Got Clesr, but that He
Would Get $50 Anyway-The
Prisoner Discharged.
The trial of Charles Patterson, on
an Indictment charging him with
! having, on the evening of the 25th of
June, last, stolen from the barn OF
J. B. Lynd, near the Mound House,
! in Lyon county, dapple-gray horse
worth $3.50, a saddle worth SIS, and
a bride worth IS, came off at Day
ton last Wednesday. The courtroom
was crowded, and the proceedings
were watched closely. The prison.
er's father and mother were present,
the latter weeping throughout the
trial. District Attorney Keith con-
Quoted the prosecution, John Powell
and ex-Justice Belknap, Mayor of
Virginia City and son-in-law Of Gov
ernor Bradley, appearing for the de-
tense. Judge Seawell presided.
After the legal sparring usual on
such occasions, the following were
impaneled as Jurors: William
Coombe, A. G. Berry, B. M. Cundell,
c. Becker, Fred. Oest, E. K. Hitch
cock, NJ. v. Holmes, @. Wyncoop,
Robert Rowland, R. H. Whitehead,
A. p. Cate and e. Daggett.
TEE EVIDENCE.
Thirteen witnesses we're examined
Z for the prosecution, and 8 for the
defence. The evidence went to show
that on the evening of the ?5th Of
June the horse had been fed as usual
about half-psst Z o'clock and that he
was missing the next morning, and
about two.thirds of his feed remain
ed in the manger. As the horse had
not been overfed this fact, it was
argued, indicated that it must have
been stolen about s O'Clock. Tracks
from the barn were examined and
followed some distance, when the
conclusion was arrived at that the
horse must have been taken to Car
son. Sheriff Cooke testified that on
the same evening, just as the street
lamps were being lighted, he saw .
man with a linen hat having a green
lining ride the horse into Carson.
Sweeney, . friend Of the prisoner,
testified that on the 23d, 24th and
25th of June he had run about Car.
son in company with him; that about
10 o'clock on the evening Of the 25th
he and the accused were drinking in
| q saloon when man named Harring-
ton called him Sweeney out to look
at horse; that be refused to go, but
| that the accused did 60. The bal
ance of his testimony was not ma.
terjsl.
This was the most important wit
ness for the defense, a. his testimony
was meant to prove that the accused
had purchased the horse in Carson.
If this could be proved the accused
would be clear, as the indictment
charged him with q crime committed
in this county. The prosecution
therefore tried to impeach the veraci.
ty Of the witness, but Without any
apparent success. The witness seemed
to be greatly pleased at something
or other, while on the stand, and
laughed as he gave his testimony.
THE PRISONERS STATEMENT.
Charles Patterson, being called by
the defense, carroborated Sweeney'l
statement, and added that be though
the horse worth about 800 or $40
but that he only had $S5 with hin
and therefore got it for $50; that h'
then started for home, riding al
night, and reaching Wiley's-by
way Of Genoa and Woodford's-
about IS miles from Carson, at half
past four or Ave O'Clock in the after
noon of the Goth; that his reason
for riding 50 tast was because he onl!
had IS with him and he wanted t.
get home quickly; that when he 60
to Wileys he stopped there for SOM
days and then sold the horse TO
s1s0-of which he got $50 down, tn
balance to be covered by note
That two or three days after be hai
sold the horse he learned that it hat
been stolen, and that he then toll
Mr.. Wiley to keep the horse for tn
QH0