The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1892-02-18


ally guilty of intention t. commit crime,
even though they may, in the scntila
with O'Bnen. as IS supposed, have
pushed him through the PARTITION and
caused him TO fail through the trap
door Of the cellar and thereby caused his
death. Yet of one thing they are
guilty, and that is keeping back the fact
O'Brien was dead, when according to the
evidence given they must have known
that he was dead. Trying to get Frank
Montgomery to give O'Bren the pipe
was rase for having him discover
O'Brien's body. Failing in this they
were obliged to make it known them
selves, and in doing so made known this
knowledge Of the fact that O'B-ien was
dead before they divulged it.
O'Brien and Maloney were both
among those discharged recently for pre-
ferring drink to work, O'Brien was a
steady man when not drinking and a
frst.class miner. He was good sensl-
BILE honest fellow and not qnarrelsome,
even when drinking. He had worked
in mines all his life, having been in
Montana, Colorado, Utah and Nevada
in early days. His only fault was the
love Of liquor, but for which he would
have been a most useful member of So
cicty.
Alas poor jim! A few nights ago we
worked together and at supper time,
while heating our lunches over couple
of snulfs, told stories of Montana and
our lives there, but while no friendly
trembling voice was near to offer up
prayer for your soul; while no sisters,
wife or mothers kiss was to warm your
bleaching lips; no sons nor daughters
hand to tenderly press your, good by;"
not even that of chance acquaintance
to close yonr sightess eyes when you,
fell asleep, and denied by Fate the con-
ISOLATION Of your religion and the last
Offices of her priest. Your soul has
passed away and you are with us no
more. In the Great Beyond, you have
gone on long prospecting trip, and we,
whom you leave here, hopes that you
may strike it rich, Jim, very rich, and
that you may be known there for the
good you have done and the, evil you
suppressed and not for the faults you
had. And when the final day shall come
jim, with all our sins forgiven, may we
meet you there where we shall have no
more hard rock, missed holes or might
shift, and join in prai,iug the Great Su.
periDtendent Of the Universe during our
eternal pay day.
The following story told to a reporter
here by Maloney, differs slightly from
that he was said to have related to the
investigating committee at Jackrabbit
He claimed that Mcdonald and he were
in the cabin with O'Brien. Mcdonald
picked a quarrel, and was ordered out
by O'Brien, and that he, (Maloney)
took O'Brien's part by ejecting Melon
aid. After this, he said that he tried to
get Montgomery to take charge of Nc.
Donald, but failing, turned him loose
and started for Lis own sleeping quar-.
tiers. He said that he never went back
again to O'Briens cabin, but that Nc.
Donald might have done so.
In answer to a telephone message that
Maloney was here in town, and inquir.
ing if we should arrest him, Supt. of the
mine, Hazelgtove replied: "We are sat.
isfed beyond doubt that Maloney and
Mcdonald killed O'Brien accidentally in
a scullle, but while we are perfectly sat
istied Of this, our evidence is purely cir
cumstantial and would not warrant {
i conviction in any courts of justice. NJ
arrest has been made.