Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1880-12-03
HILL INDICATED.
THE JURY GIVE HIM VERDICT FOR 81 ,4jS o4
"A gy-PLAY BY GEN. CLARKE.

When the case Of Elstner vs.. Hill wal
called in the District Court yesterday morn
ing, Gen. Clarke, the attorney who conducted
| the case for Mr.. Esther. rose to a question
of privilege, and informed the Court that a
lying article had been published in tie
APPEAL which was intended to influence the
| Jury The counsel seemed to consider that
matter of very grave injustice had been
| done his client, who, during his oratory W ore
look of injured innocence, which deepened
| as the talk continued, and seemed to indicate
that he was only gradually comprehending
how badly he had been treated. He closed
by asking the Court to instruct the jury to
pay no attention to the evident auimus of the
article which the Court did, and the counsel
sat down, feeling that perhaps he had made
point, bat not seeming to realize that he had
nsulted the Jury by supposing that they
would be Influenced by newspaper article if
it contained anything which was nst III &C
cordance with the evidence.
THE CORRECTNESS OF TIE ERroEr.
After the charge against the APPEAL by
Gen. Clarke the editor tool. the pains to en-
quire of the witnesses wherein their testi-
mony had been falsely reported. Ex-Sheritf
Swift. was asked if he had read bis testimony
as reported in the APPEAL. He replied that
it was correct Sheriff Hill was asked the
same question and replied that it was correct
Mr. Elstner was next hunted up. He said i.
was all wrong from beginning to end. When
asked to specify special points he said that he
did not swear that he considered the work
done by his daughter as worth one hundred
and twenty dollars but that similar work had
been charged one hundred and forty dollars
for also that he did not say that he talked
with Hill in the Magnolia Saloon, but in his
Office. This correction, which is willingly
made, makes the case still worse for Elstnsr,
as two witnesses stated unequivocally that the
teok place in the Magnolia
Saloon Before the suit began the plaintiff
was informed that he could have his testimony
printed in full in the APPEAL if he would fur
nish shorthand reporter. He signiied his |
willingness to take advantage of the offer. but |
failed to have the case reported.
WILLIAM MAGEEs TESTIMONY
The defense closed with the testimony OF |
William Magee which was as follows:
When Mr.. Elstner ran for State Controller
loaned him FIVE hundred dollars 20 make his
light with. / went to Hill to get the money
He paid me two hundred dollars On Elstners
Icccuat, but said he would pay no more as
Slstner had overdrawn. Then went to Elstner
yho gave some fifteen dollars, and said:
This is all can spare you. l only get $3.50
month, and it hardly supports my family"
This was about year after he had been
leputy.
THE VERDICT.
The jury went out at twenty minutes after
clock and before e'clock had agreed upon
he verdict, which was in favor of the de-
endant for 81 ,43s o. Mr.. Hill paid the jury
ees $144 and was Immediately surrounded
y his friends who congratulated him on the
indication of his character. The verdict of
he jury was unanimous.