Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1881-10-01

yesterday forenoon, at 10 o'clock, tn
time set for the preliminary examina
ton of the men arrested for shooting
Seville and BaIch.
The District Attorney said he did nc
deem it necessary to detail the alleged
facts of the late tragedy. These twt
men are very near deaths door
Neither one Of them are expected t.
live. Should they die a charge of muir
der would have been preferred agains
| the parties arrested, in lieu of the
! charge of an assault with intent to kill
as now pending. He deemed it his
duty to ask for continuance of the
preliminary examination until the con-
dition Of the wounded men is definitely
known. Nothing but the most search
ing investigation of the whole affair
could or would satisfy the community
and the law, and in two days so import
ant a trial could not be prepared for.
In addition to this. other reasons were
suggested ny the District Attorney
for continuance; one, the neces-
sity of having shorthand reporter to
save time in the tax ing of the testimony
Mr. Rankin did not know but there
might be 2 separate examination. There
was another consideration warranting a
posponement-opposed tothe State were
eminent criminal lawyers, the flower of
the Nevada bar, and in justice to the
State, the District Attorney should
timated that the State was DESTROYS of
shielding some of the parties, which he
denounced as the vilest SANDER ever
uttered from the lips of man. In con-
clusion he asked for the legal time of
two days. Col. Robt. III. Lindsay con-
coded that great deal of force should
be attached to the arguments of the
District Attorney, and especially that
he might have aid of other counsel, SO
that the State might have disinterested
assistance. Because, said MIR. Lindsay,
if either Of the unfortunate men should
die, some one was responsible for a
foul murder But there was no force, in
his opinion, to the point that different
charge would be necessary, in order to
give the Court competent jurisdiction.
1t was for the Magistrate to decide,
from the testimony, what offense, if any,
had been committed. He recognized |
the necessity of thorough examina-
ton, and to that end preferred first
class shorthand reporter. But he OPP
posed the continuance, for the reason
that the defense were anxious to ascer-
tain at once who were the parties to
blame, and to convince the public that
Messrs. Wheeler, Coffin, Sunderland
md McMechan were not guilty of this
oul tragedy. He thought the District
intimation to divide up the
,ase was simply monstrous. He did not
object to the District Attorney having
counsel to aid him. but he
lid not consider it right that private
counsel of one faction should be backed
" the State, as against the other fac
ion.
Mr.. Deal, representing Moore and
Fowler, was ready to go ahead. His
ide was tired of hearing street reports.
datters would come out in this trial !
hat would horrify every member of the
ar. He denied that his clients had
lood on their hands, and were pre-
ared to exculpate themselves. That
is clients were only arrested because I
f precaution instead of necessity.
lie hoped the attorneys would so con- {
uct themselves that no further blood {
he'd would result. ,
Judge Webster agreed with Mr.. Deal, +,
ut there was every reason, he thought, 8
n postponement, because of the con- S
ition of the wounded men. He also r
,ought there was every reason for a +
.parate examination.
District Attorney Rankin thought 1t
is duty to reply to some suggestions
lade. He denied that he had advised \