The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1880-09-18

Supreme Court in the Gaze of the State
VS.. McLane and McIntirc, reversing the
decision of the District Court as to the
defendant McLane, was published in the
Virginia Enterprise Of the 10th instant,
and when that issue of the Enterprise
reached Phoebe Tuesday morning there
was great rush for that paper, all being
anxious to learn on what grounds the
assassin of Fred Wallbaum was granted
q new trial, and when they discovered
that the Chief Justice of the Supreme
Court was compelled to 60 outside of the
proceedings of the case in the lower Court
to find flaw in the decision if any there
is, they expressed great disgust. The
new trial was granted to McLane on the
ground that Joseph Upshire, who stopped
one night at Wallbaum's ranch after the
murder had been committed, and who
knew nothing about the affair until after
the trial was over, and was in Arizona,
was not here to testify in the case. JUS
tice Leonard concurred in the opinion of
Beatty, G. j. Judge Hawley dissented
and in his opinion the lower Court did
not err in overriding the motion of the
defendant McLane for continuance.
Judge Hawley says: "If either of the
defendants is entitled to new trial, upon
this ground, it is the defendant McIntire,
not McLane. n In my opinion
the action of the Court in refusing to
grant the defendant McLane new trial
is sustainable upon the ground that the
motion was made too late. 1t ne
cessarily follows from the views have
expressed that, in my opinion, the judg-
ment of the District Court should be af-
firmed again t both defendants. Nc
Lanes ca e will propably not be tried be-
fore next January, as it is impossible to
get the witnesses together before then.
DESERT STATION. The noted Desert
Station has been leased to c. Clark, a
late wood contractor of the Raymond &
Ely Co., by the owner of the property.
There is hardly spot in the mountains
that can produce a darker and more
bloody history than this same little Des-
ert station. Although the keepers of this
station have often been changed, yet it
has always been the rendezvous Of rob
bers and murderers, but whenever a
had money or was penniless, he was al
ways extended the hand of friendship,
taken in and treated well. A person 60
ing there in the day time, would probably
not see man around, but during the
night there would be from six to twelve
of the "boys" come struggling in. AS
Mr.. Clark has leased the station, it puts
an end to it being the ''roost of robbers. :"
AN item, to the effect that George w i.
McLane and Frank Mclntire, the assass-
ms of Fred Wallbaum, are both to be
hung, is now going the rounds of the
press, and first appeared in the Carson
Appeal. This is wrong. The Supreme
Court has affirmed the sentence as in re-
gard to Frank McIntire, but has granted
George McLane, the man who put up the
job, new trial. Beatty and Leonard
reversed the decision of the lower Court,
but Hawley dissented from their opinion,
and said that both prisoners ought to be
hung; that if either was entitled to a new
trial, it was McIntire.
WE learn from the N. Y Mining Rec.
ord that the Eastern stockholders of the
Hillside M. & M. Company are coming
together and making preparations to re.
deem the property Of the company, which
was recently sold at sheriff's SALE We
are glad Of this, and the Fasteners have
certainly made move in the right di-
rection. The stockholders of the Ray
nlond & Ely Company ought to follow
the example set by the stockholders Of
the Hillside Company, for the tailings
alone, it is our firm belief, will doubly
pay the debt of that corporation.
WANTED TO LEARN How.-Last even
ing nice young man visited sweet
young lady, and, much to their annoy
ance, little miss of nine Summers sit in
the parlor with them. After Jones took
his departure, the young lady remarked
to the little girl: "Why, George, just
before Mr.. Jones came in l thought
heard you say that you were sleepy ano
wanted to go to bed p The precocious
child replied: Il was sleepy; but guess
want to learn how to spark; I'm ole
enough to know how"
For AssEMPLYMAN.- Maurice Mulcahy
who has been resident of the Pacifi
Coast for thirty years, the last eigh
years of which he has resided in Phoebe
informs his Republican friends that h
is candidate for the nomination of As
semblyman, subject to the decision Of tn
County Convention. Mr. Mulcahy stand
high in the esteem Of his friends, and is
man whom all our citizens speaks well Q
and have perfect condolences in. He is
man who will never betray the trus
placed in him by his constituents.
Nor KILLED.-In response to tele
gram sent from Phoebe to Mrs. Moore, tn
wife of Mark Moore, whom the press dis
patches stated had been killed by Cherc
kee Bob at Harshaw Arizona that 1ad