Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1894-08-12
THE LARGE TRIAL.
The Evidence all In aud the case taxi
under R~dviSemeut.

The t~estimonyof c. e. Bernard and
&c. +. Williams was read and sub
scribed to.
Counsel for the defense offered in
evidence Jayne's Almanac for 1894 to
show what kind of a moon there was
on July 3rd and 4th. Witnessse for
prosecution had testified that these
nights were bright and u small moon
shining. The almanac shows that on
the night of July Bird the moon set Mt
9:3O u. NJ. 1t is alleged that the en-.
gines were disabled between | and
$50 a. n. of the lth. This closed the
case fo- the defense.
The prosecution offered i'll rebuttal
a lot more kilograms. They were
numbered us exhibits.
j. w. Lennon WINS recalled by the
prosecution i'll rebuttal and said that
he went from his caboose to the train
and walked up and down. He said he
was mt no time within four feet of the
train. Asked if he told anyone to get
Il bar to pinch coupling open, that it
could be better done with u bar. Re-
piled that he thinks he did say some
thing about Il bar and that it could be
better done with a bar, but is positive
he was not so close to the train as had
been testified 10 by Mr.. Robinson.
He said he was talking to no one in
particular and did not give orders
to anyone rs Robinson had tcsti.
fled.
Cross examined by Massey:
@How many times, Mr.. Lemon, did
you change yonr testimony last Fri
day when it was read over to you?"
Objected to by the prosecution on
the grounds of being irrelevant, i'm
material and incompetent.
The objection was sustained and the
witness discharged.
MIR. Asher was recalled by the pros
ccution in rebuttal, but was excused
without being questioned and the
case for both sides was announced all
in.
The Court then adjourned for
luncheon.
Mr.. Farrinington opened the argu
ment for the prosecution. His argu-
ment was very able, but he entirely
failed i'll any way to connect the de.
PENDANT with the conspiracy, or nets
tending toward holding any train
He claimed that any man who WIS in
sympathy with any unlawful acts
whether participating i'll them OF moi.
was guilty of conspiracy to the; sc
acts. He said that this was the most
important case tried before Il commit.
ting magistrate for many year in
this county; that he believed it was
the longest ever held i'll the county.
lie cited Il great many authorities TO
Dol ster up their case, and, hal March
been connected i'll any way with the
conspiracy, or overt acts, the author
tiles quoted would have applied. lie
said when IL number of men 20 to the
depot and some Of them cut oil the
pullmans, another takes the switch
engine and another does the switch.
ing, 1t is cyidecce Of IL conspiracy and
ended i'll Il 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 i'll thistown. Mr.. Massey has
made a most noble and efficient tight
i'll this case. Single handed and
alone, for many long days, he has met
and held his W upon every issue
raised 10y the prosecution. His
carnestness i'll the defense of Mr..
March is SO apparent it is clearly evil
dent that it was not Il fec 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.
rington, who had called Dcbs Il die
tator, shat instead of calling Debs Il
dictator, they should turn their at
t~ention to the great corporation that
rules this country, who by invoking
tho strength OF the Government to
force into submission men who had
risen in defense Of their rights. and
refused longer TO work for It corpora.
which was grinding them to dust in
satisfying their insatiato greed. If
Dcbs is Il dictator, then what would
they call this corporation. who by
their power, force such men as Lem.
on and Asher To- their s~crvilc knecs?'
His closing remarks we're very ar-
fecting. lie said, "'rako all the cvi
dence and il you can place your fin.
ger upon a single shred tending to.
ward connecting March with a ron.
spiracy TO rctard the United States
mail; If they could show Il single act
OF his, looking toward the holding Of
that train, then Your Honor should
hold the defendant To answer, but ]
defy them to show II single instance
OF this kind. Will you. by your dc.
cision, consign this defendant 10 pris.
on to- wear stripes, TO make of him u
tclon and compel him tp associate
with %fclons. disgrnco him in tho eyes
Of the would. and ruin his future rep.
u~tation and break the hearts Of his
wife and child because individuals
cut these pullmans from tho train. an