Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1880-09-02
THE POLL CASE.
Jury secured aud Trial Going
On Misutes OF the Testimony
ORered-Aner Recess n hoiie
Pros. catered aad Defendant
nischarged,

Discharged.
Gold Hill is interested in the PohI
case, for everybody here knows the
defendant and the nature OF the charge
made against him. Opinion is divided
in respect to the crime with which BIO ID
charged. Many believe him guilty, but
there are an equal number here. to say
the least, who hold fast to his innocence.
The result OF the trial is therefore anI.
iously awaited by all. =
On the opening Of Court this morning
q large audience was in attendance. The
endesvor to secure impartial jurymsn
10 try the case was continued and
the following persons were called
r. q. Pierce, David Tweady was
then excused by deiendant), Charles
Cowden Excused by defendant),
Lee Wentworth Excused for cause).
Il. NJ. G.. Stewart Excused by
detendant), A. A. Smith Excused for
csuse), w. F. Shepard Excused for
c~ause), Frank E. Fielding Excused for
%cause), A. ]. Hutchinson.
The jury, therefore. to try the case Ia
AZ follows: II. Center. j. b. Tudsbury.
j. j. Shepheard. Charles T. Legate,
Geo. ]. Fitzmsier. Z. Chatelain, Geo.
G.. Roth. Jacob Pinschowsr. z. b.
Eldredge, Geo. McIber. r. II. Pierce,
A. j. Hutchinson.
A request made by defendant that
witnesses DO placed under the rule, was
complied with by the Court. and no
witness was allowed in the courtroom
during the trial except when testiiying.
The District Attorney asked for a
private trial.
r. H. Lindsay. attorney for the de-
PENDANT, opposed this. His client, the
defendant. appeared before the Court
conscious OF having committed no crime
aud in the firm belief that his innocsnce
would be s%ubstantiated by the trial. II
he were guilty he asked that his con.
domination might be public; II proved
innocent. he wished his acquittal to bs
equally public and that his friends and
neishbors might DO there " that he
could take them by the hand as he was
welcomed once more into their midst.
The Court decided that such charges
should always BIO tried in public. IL pos
sible, aud the people would not in this
instance be excluded from the court
room unless the testimony was clearly
Of such q nature rs to necessitate The
step.
District Attorney Harris in opening
stated to the jury that the crime was
committed US alleged in the complaint
and indictment. =,
Mr.. Lindsay, for the defense, said
that he should prove that the alleged
crime was not'committed by the defend.
ant, but was committed by some other
person. The fact brought out upon the
preliminary examination that the girl
was diseased would exonerate the de.
PENDANT. as he had been examined by
Drs. G~illingham and Kirby. and pro.
nounced by them sound as o dollar. He
also claimed that the child had not had
proper training. but had been permitted
to run loose. He intimated that proof
of diseraceful acts. duplicating another
man, would be produced.
The Court here said that II testimony
OF the character indicated by the counsel
was to bo produced. he felt Il to be his
duty TO exclude spectators. The court.
room was therefore cleared. Reporters
wero psrmitted to remain.
The testimony Of DR.. Hall. the first
witness introduced. was substantially
the same as that given by him ut the
preliminary examination. His opinion
was that u rape had been committed
upon the child. With regard to disease
he could not soy whether 1t was specific
or non-specifc.
Counsel for defense here moved that
the prosecution be ordered to ask DR..
| Hall as to tho condition lie found Pohl
in. The motion Was denied by the
Court. Exceptions entered by defend
ant. =.
Simon Ogg, father Of the little girl.
next testified. He went into the jail
and gave defendant forty.eight hours to
leave the county. Defendant made an
admission with regard to the case. wit.
ness not allowed to testify as to what
| admission was made. Ogg examined
defendant and found him badly diseased.
Dan Sheehan testified that when Ogg
went into the Jail he accused the de-
PENDANT Of committing ths crime. but
the defendant denied having done 30.
| Ocg said turn him loose before the de-
fendant said anything.
The defendants counsel here moved
to rule out the evidence given us to TIT
confession on the ground that 1t was
obtained through promise OF release.
Stephens here asked for time to make
an argument. Court decided to take =
recess till 1880 p. ~, when motion will
be argued.
Upon ~reconvening Of the Court the
defendants motion to exclude the con.
fession was sustained.
Birdie Ogg was not permitted to ties.
lily as she is too young to understand
| the nature OF nm oath.
The District Attorney here entered o
nolle pros. and the defendant was dis
charged.
Carson aud Colorado.