Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1880-12-23

the Evloeooo CouotuoeO auo suo
Case Given 60 she Jury-Testi-
mesy ~ te the Admissions OF
Defeadaas-A Case OF Contsmps
OF Court.
At 10 o'clock this morning the case OF
the State VI. B. q. Csrrick was again
called In the District Court. Counsel
announced that W. Il. Smith was in the
city and the court waited bis appearance,
having disposed Of ether business.
After q proper length OF time bad
ELAPSED the court instructed the District
Attorney to produce Mr.. Smith or pro.
oved without him. The District A,tor.
new said hs bad been subpsped and was
expected every moment. The court said
thu, il had been very lenisnt toward Mr.
Smith and ordered Q warrant TO issus for
his arrest for contempt. Just ct that
moment Mr.. Smith put in an appear.
ancs and was placed on the stand.
w. II. Smith testified that previous to
the time that the defalcation Of Mr. Car
rick became known generally, be had
heard certain ruuors that everything
was not as Il should be 10 the Treasurer's
ofie. aud looked for Mr.. Carrick to find
out about Il /; asked him II everything
was all right In the office; he said 1t was;
asked him II the money was all right;
be said It was; heard more about the
office subsequently. and that II was
not right I; think next day called to
sec defendant again /; had . talk
with him In front OF the courthouse;
told him that folks were talking that
everything wal not right In the office
and that 1t would hurt him In the cleo
ton; asked him to lot me 60 into the
Office aud count the money aud IL the
funds were all right, that would stop all
talk ; he said he would be ready next
day |; insisted on going then /; called j.
E. Mcdonald and We went into the
T~reasursr's office; think one OF US locked
the door.
Question by Stats-Dia the defendant
at that time make any statement as to
the condition OF the funds in the Treas
ury. Ale did.
Stats-ws offer the evidence Of this
witness as to those statements.
Object.d to by defendants counsel.
In order to show that the d~.frndant's
objection was we'll taken. bis counsel
questioned Mr.. Smith further:
Q-Wss any inducement BY way OF
settlement Of the deialcatiou. II any, OF
stopping criminal prosecution therefor
| held out BY you to tho defendant to
| obtain O confsssion2 A.-Not that l am
aware Of.
Did you not say: "If you arc short
you may as we'll come out and say 50,
and ses II We cannot fx 1t up som
way"2 Al do not recolloct; I will not
swear that I did not say SO, nor that l
did; I might have said So, or something
like it.
Questions OF this nature were repeated
In different forms aud with about the
same result.
BY the Court-This conversation was
before the dsialcation wal known2 A
Il was.
CORTLAND not. as I understand 1t.
with Q view to obtain . confession from
the defendant, but with q view to induce
him to allow you to CONT the msney in
the treasury Al was.
The Court decided to admit tho evil
dence, to which decision the defendants
counsel excepted.
Mr.. Smith continued: Mr.. Carrick
said. "Boys. I might a. well mako .
clean breast OF It. I am Short" or words
to that Effect; think I asked defendant
how much be was short; be said about
800, 900; asked what he had done with
it; hs said he had operated some In
stocks; ws did not get to the bottom OF
the affair.
Mr.. Smith was ordered to show cause
at 10 A.. N. tomorrow why he should not
be punished for contempt in not obey
ing the subpoena OF the Court.
J. E. Mcdonald was recalled: When
asked In the office the morning alluded
to by last witness as to what had become
Of the morey. defendant said he had put
some in stocks aud lost It; alter We went
in he said: "Beys. I may as we'll tell
you how this thing isl am short 10 my
accounts" or words to that effect; IN
reply to the question how much he first
said, 81 am 800, 900 short" aud soon
after said, ~ am about $22. 900 short"
The oross-examipatiou Of these two
witnesses was confined entirely 10 the
point OF inducement to make the comics.
sion such as fixing 1t mp" "bridging
the thing over" talking with certain
Of the bondsmen," and things Of that
kind at the time the confession was made
aud after the defalcslion became known
aud was unimportant.
The defendants counsel then moved
to strike out the evidence as to the ad-
missions OF the defendant. Motion over
ruled. Defendant excepted.
The State here rested It's case.
The defendant called L. B. Hastings
who testified that the witness, j. Z. Nc
Donald, had stated In Q conversation the
night ths County Commissioners met
that there had been talk Of liking 1t
up" etc.
Defendants counsel. on this evidence,
renewed the motion to strike the admis-
sions Of the defendant out OF the evi.
depcs. The motion was again denied,
and again the defendant excepted.
The defendant here rested his case.
The District Attorney. in opening the
argument for the prosecution, said the
case was a plain one, aud recapi,ulated
very briefly the facts admitted by the de-
Tense and proved on tho trial. and lett
the case with the jury under the instruc-
lions OF the Court.
Defendants counsel declined to argue
the case. This cut of further argument
for the prosecution and the Judge
charged the jury. There wM nothing
important to the public in the charge
further than that because the defendant,
who had Q right to testify in bis own
behalf, had declined to do so that fact
must not prejudice the jury against him.
At 1l:l5 the Jury retired.