The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1891-10-22
DISTRICT couar.

The District Court convened on Mon.
day last, Judge Talbot presiding, but the
business to be disposed of does not indi.
cate that the sitting will be of any great
length. The cases coming up for trial
were set in July last and the first to
come up was that of the State VS..
Thomas Hicks and w. r. Fontain charg.
ed with the murder of L. 0. Grifliths, a
coal burner in the mountains, in May of
this year. The circumstances surround.
ing the tragedy We're supposed to be gen.
orally known, and it was thought some
difficulty might be experienced in oh.
tanning jury to try the case on account
OF which hundred ilrymen were
brought III. Contrary to expectation
however jury was obtained out of the
first twenty two called, consisting Of c.
II. Garden, John Edwards, f. Rawdin,
G. W. Edwards, Alfred Syphus, David
keele, Clark Miller, VIM. Mullins, L. L.
Woods, Frank Atkinson, j. Z. Ham.
mond and N. j. Wadsworth. Testimony
was concluded and the case submitted to
the jury at six o'clock on Tuesday even.
ing. The defendants were tried together
and the jury after being out two hours
returned verdict of murder in the
second degree against both defendants
and Friday, tomorrow at 10 o'clock
A. NJ was set as the time for passing
sentence.
The facts in this case may be remem.
bered by the public. Hicks, Fontain
and the murdered man were burning
coal in the mountains and on the day of
the murder were all drinking more or
less. In the morning sometime drunk
en- quarrel occurred between the muir
dered man Griffith and Fontain in which
Griffith struck Fontaine and threatened
him further injury. Fontain went to
his own cabin few hundred yards dis.
tant with others and Griffith entered his
tent where he was found asleep half
hour later. Again, another hour after
ward, Hicks and Fontain were found at
the Griffith tent, and when observed,
said they had come back to settle that
foolish quarrel Griffith came sleepily to
the door q the tent where he sat'on a box
and where lie was last seen in health.
Within an hour he was found horribly
cut and mangled about the head and
face and in dying condition, Hicks
was gone, also his rifle and keg of al
cohol on which the party had got drunk,
and Fontain was apparently in adrunken
sleep at the tent door. Griffith was un.
able to make known who or what had
hurt him. Hicks remained at large
three days when he surrended, affected
by delerium tremens, but claimed to
know nothing of the killing. Fontain
claimed drunkenness and knew nothing
of it either and was apprehended after
Hicks gave himself up. The whole cir.
cumstances and drunken admissions
were sufficient to warrant the conviction
of them both.
On Tuesday the case of the State of
Nevada VS.. A. 7. Page, on charge of
grand larcency, in stealing calf came
up, and on motion was dismissed, the
prosecuting witness desiring it and it be-
ing considered that no conviction could
be had, whereupon the entire panel of
trial jurors were discharged.
To-day the demurrer in the case of
Jos. Phillips vs.. Wiley Townsend, was
heard and overruled and the defendant
given until Saturday to answer.
The demurrer in the case of the
Phoebe Lodge No. %, I. 0. o. +. vs..
the Phoebe Water Co., was also argued
and taken under advisement by the
Court.
The business of the court is not extern.
aiNe and ali may be concluded by Sltur-
day next.