Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1880-01-14

Mr. wooDBURH's CLOSING APPRAL.
The counsel made tsrse review Of the tes-
timony and dwelt strongly upon the fact that
the defense had made NO Ebert to secure Nc
Even AZ a witness, but instead had adapted
a policy by which every endeavor was made to
turn McE~en into a scape goat. He did not
wish to cast any reflections on . brother at
tornsy, but he could assure the Board that
there mad been no attempt whatever to secure
evidence showing that Rickar had q weapon
on him when killed. Chartz had made certain
admissions in the trial and had INDUCED in
such contr additions that his own sister said
''Hs acted like An ass" The attorney had no
dOnbt but shat the tragic events of the killing
and the trial had disturbed his mental facul-
| ties to such an extent that he was in q maze
| of beviderment and did not know what he
was talking about on the stand. His teati-
mony plainly showed this. He also compared
ths case of Malim, psrdonsd the day before,
with that of Chartz. While Aalim's crime
Was viewed by the law as lesser ofenso than
| the one of which Chartz was convicted, he
dSlu tASs vic was COOly WStkb
in advance of commission, while the other
was done in the heat of passion and under
strong mental e1sitsment. Chartz believed
his life in dagger and fred the shot in self
defence. He had appealed = ease backed by
the strongest petitions ever presented to a
Board of Pardons in the State. Aslim had
secured his with single name. The con
,ictins jurors, with the exception of two men
who were dead, had signed the petitions of
Chartz, together with the leading citizens of
Eureka and all the journalists in the State.
The only counter current came from Riskar.
brother and Evarts, the Superintendent of
the Eureka and Palisade Railroad. The letter
from the brother of the deceased was perfectly
exeusable, but the communication from
Evarts would, he believed, have no weight
with the Board, as it showed its mallee upon |
its face. l: had made statements which Mrs |
Carlton had shown to be untrue.
He closed by an appeal to the sympathies |
of the Board by abiding to the wasting
health of CHARTS father, sister aud wife and |
the mental sufsrings all had endured since
the unfortunate affair
The room was then cleared, all except the |
Board and the Governors Private Secretary
repairing to the corridor of the Capitol. The
Board was in session one hour, during which
time Mrs. Carlton, whose nerve and pluck
never left her, still argued the points of the
case to groups of interested listeners. At
times tho voices of the members Of the Board
could be heard in discussion, and those in the
hall would strive to catch a word or two to
give them some idea of the chances of par
den. Their conversation, however, was at
oil times indistinguishable. Finally Ssers-
tary Lyon came to the door and announced
that q decision had been reached. As they
saw his face several remarked that the para on
had been denied. The crowd filed into the
room and learned the decision officially.
1Hn PARODY pEN1sD
The application for pardon had bssn re-
used, the vote standing, Beatty, Hawlsy,
Murphy, no. Kinksad and Leonard, yes.
Mrs. Carlton received the intelligence with
perfect ealmness, although laborinR under
trong suppressed emotion. Judge Beatty
dvaneing to her informed her that he had
'otsd no, but when he went to Eureka he ,
would take the pains to intern himself moro
ully upon the matter. She replied she was
atisfed that he had folio we'd the law and the
ictates Of his own conscience in his decision, @
nd afterwards added, al suppose that the
a,tnsts Of politsness should prompt me to p
hank tbs Board for their careful consider. =
ton of this matter, but from my heart can
OF. had justice On my side bat failed" b
he seemed anxious to speak again, hut f.
nally left the hall with Mr.. MeEwsn who
sd acted as her friend and adviser through
as trying experiences Of forty eight hours. "
Tim hsURNrUL rIDrNGs. !,
Seen after the decision Of ths Board, Mrs p
arlton visited the Prisea to convey the un- !.
slcome Intelligence to her brother. As she {,
,ached the cell he said, 81 suspect the worst, II
other Batterman nor Hathewson have bsep =,
Ear me-" When he heard Of the decision he
'emed perfectly resigned and said no word
.ainst the Board; on the contrary, he avo~ed "
lat he believed they had all acted As they p'
right. His only anxiety appeared ."
BE- for his sister and wife. Mrs. Carlton -
her iron nerve under the ordeal "
IL ~ GE. !