Daily independent. [volume] (Elko, Nev.) 188?-1915, 1894-08-04
THE MARCH TRIAL.
The Evidence all I'm and the case tax en-
under advisement

scribed to.
Counsel for the defense offered in
evidence Jayne's Almanac for 1894 to
show what kind of moon there was
on July Bird and 4th. Witnessse for
prosecution had testified that these
nights were bright and small moon
shining. The almanac shows that on
the night of July 3rd the moon set at
$50 NJ. 1t is alleged that the en-
gines were disabled between l and
$3.50 A. NJ. of the 4th. This closed the
case for the defense.
The prosecution offered in rebuttal
a lot more kilograms. They were
numbered as exhibits.
j. w. Lennon was recalled by the
prosecution in rebuttal and said that
he went from his caboose to the train
and walked up and down. He said he
was at no time within four feet of the
train. Asked if he told anyone to get
bar to pinch coupling open, that it
could be better done with a bar. Re-
piled that he thinks he did say some
thing about bar and that it could be
better done with bar, but is positive
he was not so close to the train as had
been testified TO by Mr.. Robinson.
He said he was talking to no one in
particular and did not give orders
to anyone as Robinson had testi-
fed.
Cross examined by Massey:
@How many times, Mr.. Lemon, did
you change your testimony last Fri
day when it was read over to your"
Objected to by the prosecution on
the grounds of being irrelevant, i'm
material and incompetent.
The objection was sustained and the
witness discharged.
Mr.. Asher was recalled by the pros
ecution in rebuttal, but was excused
without being questioned and the
case for both sides was announced all
in.
The Court then adjourned for
lun cheon.
Mr.. Pennington opened the argu
ment for the prosecution. His argu-
ment was very able, but he entirely
failed in any way to connect the de-
PENDANT with the conspiracy, or acts
tending toward holding any train.
He claimed that any man who was in
sympathy with any unlawful acts
whether participating in them or not,
was guilty Of conspiracy to these
acts. He said that this was the most
important case tried before commit
ting magistrate for many years in
this county; that he believed it was
| the longest ever held in the county.
He cited great many authorities to
bolster up their case, and, had March
been connected in any way with the
conspiracy, or overt acts, the author
tiles quoted would have applied. He
said when number of men go to the
| depot and some of them cut off the
pullmans, another takes the switch
engine and another does the switch
ing, it is evidecce of conspiracy and
ended in a plea to hold the defend
ant.
Mr.. Massey followed for the de
Tense, and made one of the most
earnest pleas ever heard before Judge
or jury in this town. Mr.. Massey has
made most noble and efficient fight
in this case. Single-handed and
alone, for many long days, he has met
and held his own upon every issue
raised by the prosecution. His
earnestness in the defense OF Mr.
March is 80 apparent it is clearly evi-
dent that it was not fee alone that
actuated him, but that in his heart he
felt there was persecution and not
"prosecution" to defend his client
from. He said, answering Mr.. Far
| rinpton, who had called Debs 81 die.