Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1880-12-20
TRIAL OF B. H. cARalcK.
Examisauon or wHkia and No.
Deaaid-Probsbio Delsy-W. H.
smith Wanted.

There was considerable interest mani.
tested this morning in the trial Of B. H.
Carrick for embezzlemeut. the court
room containing q number Of persons.
Mrs. Carrick and her sister were present,
as has been the case since the com.
meucement OF the trial. The jury box
was finally filled this morning and they
were sworn at 1920. Following are the
Jurors: B. Gallsnd, VIM. Mcmillan, j.
r. Sloan, Alex. Reed. julius Gotlirb.
Jas. Rogers, N. Stearns. B. %Scboenfeld,
r. NJ. Van Loan, John N. Gsrhart,
Frank Edwards and Edmund Goystts.
After calling the names OF the wit
pesses for the State. Judge Taylor. Of
counsel for the defense. asked for an
order from the Court that the news.
papers OF Storey county be restrained
from publishing further progress OF the
trial aud from commenting thereon.
Judge Rising-I will not issue an
order to that effect, but will request
them to abstain from making comments.
deemiug that sufficient.
woodburn's statement to the jury on
the part Of the prosecution was to the
effect that they would prove by defend.
ants own words that he was q defaulter.
Counsel for Csrrick gave no outline OF
their defense.
Stephen wilkin. the first witness called.
testified AZ follows: Was Recorder OF
Storey county; il was his place to know
| the condition Of the county funds; had
complied with the Law by reporting what
moneys should DO in the county treasury
on October 80.
Witness here produced ledger and
journal, and gave the mounts in the
several funds on that day.
Cross.examinsd - The books show
that Mr.. Carrick was constantly receiv-
ing aud paying out moneys received
from different sources; journal would
show from what particular source; MIR.
Carrick went into office on the 9th day
January, 1879; presumed his books
would show what moneys had been
| turned over to Mr.. Carrick by his sue
cessor; did not know that Mr. Csrrick
received that amount from his prede-
c-ssor; his books showed th.t amour
should DO in the treasury at hat time.
WOODBURY., to counsel for defense
| You admit then that there was q DIFF.
| cheney in the T%reasurer's Office at the
| time this indictment was presented
Enthusiastically sir: yes, sir.
wilkin resumed - Name OF former
Treasurer does not appear on the book;
presumed It was Smith.
Col. Taylor continued the cross-exam-
ination for some time, asking questions
relating to book. keeping.
Redirect-The law requires q joint re-
port from the Auditor and Treasurer at
| certain times. Carrick aud himself bad
made such reports; books bad always
agreed; last joint report was In Juue;
his last report had BEEN made Oct. ~.
Cross-.Iamin.d /: Never knew by &C.
tually counting the money how much
was in the treasury; only knew from his
own books how much ought 10 be there.
The prosecution here asked that a
specified SUN DO named and the defend
ant tried for the enbezzlement OF that
sum. The petition was denied.
j. Z. Mcdonald testified: Wa County
| Clerk and Clerk Of the Board OF Commits
| sioners; would know Carrick's signature;
thought u report Of the condition OF
the treasury september 30 was on file;
positive Carrick bad filed none since;
was present in the Treasur'r's Office
| WHEN the money was counted; counted
it himself; 1t was in the afternoon Of
October 80; B. II. Carrick. c. Derby
and W. H. Smith were present; do not
now remember exact sum found, could
ascertain the amount by referring to bis
testimony before the Justice OF the
Peace: heard O rsstion concerning
the moneys in the Treasury between w.
II. Smith aud Carrick.
Counsel for the defense objected to
tn, relation Of tho conversation before
the Jury until they knew the nature OF
it. aud the jury was sent out OF court.
Mr.. Carrick was then called to the
stand to relate q conversation had with
Mr.. Smith before Mcdonald came
in {: had q conversation with w.
II. Smith before Mcdonald came In;
Smith said it was rumored | was o de-
iaulter and he wanted Joe Mcdonald to
count ,h. moneys; / asked him where be
had heard the rumors; he said from Bob
Heating: i told him ! was perfectly
willing to have my accounts examined.
but it could not be done until The
next day; Smith again said, "See
here, Ben, it 10 NO use talking,
il the money is there. 1t won't take long
to count IL, und u II Ia not there, we'll
try aud fI 1t up only let Mcdonald
count the money" The conversation
with Smith. Derby and Mcdonald took
place almost immediat. ly after.
woodburn Was Mcdonald present at
the conversation just r,la,edf
Carrick-No. sir; no was not.
Defendant here left the stand and his
counsel OBJECTED to the introduction ~
testimony Of the conversation that oc'
Cured between their client and MIR.
Smith in the presence Of Mr.. Mcdonald
on the ground that Inducements were
held out by Mr.. Smith. as one OF the
defendants bondsmen. to DIX tho matter
up. Objection overruled.
woodburn to McDonald-State what
took place in the Treasurer's Office.
McDonsld-I met Carrick and Smith
on the sidewalk in front OF the Court
house; Smith called me; said 1t was ru-
mored Carrick was n deiaulter, and be
wanted me to count the money In the
treasury. and shortly after went into the
T~reasurer's office.
woodburn-Did you hear what they
were talking about when Smith called
your
McDonald-No. sir.
woodburn-Were you separated from
that time until you went into the Treas
urrr's office?
McDopald-N Not from Mr.. Smith. Car.
rick went into the AUDITORS Office q few
moments.
Taylor-You spoke Of Smith pressing
Carrick. Did you hear him?
McDonald-He urged him to open the
safe and have the MONEY counted.
Taylor Did Mr.. Smith tell you the