Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1895-08-30
MED N SENT TO
HlN GETS A N
1t Gases Postponed.

'"3 IN ~ It I'D
oeeh convict &c the day tefore of the
charge or Eobbing a postoffice in
thnTchlll co Uaty he was up for sen.
tehce. Jud; e fHawley sentenced the
aoorlglne to bnuT years in jail and a
fire Of S1C0.
The case ri Jones, Heney and
Piper were c ala ID. All the defendants
and their co Gnsels were IN Eand, {.
>. District a .ttcrney Jones and Marshnl
HUMPHREYS had not arrived as The
train was late and General Ga, k
acied fof til prosecution. On account
OF some les al complications the ci:se
was postpo he'd until 2 o'clock.
The case OF Dunn and Lennon held
for contel apt Of Court VS. then
ca1oa. 'u dge Murphy appeared for
the defend ants and General Clark q.
). Dlstrl ct Attorney Jones for the
pfosecuel' "a. The point of issue
rals7d by Attorney Murphy, was that
the aruc lie was no. %prejudicial in the
minus ia jury and that if any action
was Ial ;ea in the matt r it should be a
CASE vi lible and not contempt as it
wash lore in the form Of a personal at
'aoA han that to prejudice a jIry. He
cltd Many cases in which it was
81" IN that the newspaf II was not
ner for contempt. At this point Judge
h WHEY remarked "If a party is an
;" ferable to contempt for intimidation.
y rieery or corrupting e July verbaiy.
WY couldn't the same issue be taken
IN a case against a ewsp r pub
lisher2" He sta that the law in tn
case OF verbal contempt wGs vely
lear, and that if the newspaI 7 pub
fishers were exempt from contempt in
d such a case, then an impartial jury
feouid not be secured, a" the publisher
49, would only have 70 publish an al .icle
In favor or against a defendant. hand
the same TO memter of a iu1y and
thus form an opinion contrary to
Id justice in the case. II such was the
eet case it would te folly for him IS at
tempt to Try the cases before MIN, and
400 in edvent Of such a state Of affairs he
70 c0u d not try them.
Attorney Murphy answered this by
a mum T Of Authorities from all over
ali the Union a.nd in particular the Act Of
as' Congress of the year 1881. The case
le- was then taken by General Clark and
he bstcd his argument on the point
Who raised by Judge Hawley. He con
ght tended that the cares eli d had no
vas bearing on the present issue, n that
.ty- it was merely an object on the pair OF
the defendants to defraud the power
Of justice by awakening prejudice
with the jury in the case. The Gen
eral read the aIticle from the Tribune
l1e devoting much stress on the passage
S TO from THE Third A." in which they
Will stated that it was 'persecution' not
'ars prosecution" He then deferred to
key the authorities quoted by the opposing
ike attorney and plat ed a side light en-
nlle their meaning.
III The case had occupied the attention
of the Court until II 80, at which time
the Court was adjourned until 2
ngS o'clock.
ing AFTER RECESS.
II General Clark continul his afgu-
you ment and cited many C a G. where
IN there is no Limitation of the powers of
me- the Court to punish for misbehavior
in the ca: of contempt of Court.
I. Judge Murphy continued again on
behalf Of the defendants arguing
that when there is no intent to pro-
If duce prejudice the defendants could
net be found guilty of contempt.
Judge Murphy then offered the
eases on demurrer which was over
ord ruled.
The defendants were then both
sworn, and in affidavit Mr.. Lemon
took the whole responsibility OF the
has article. MIR. Dunn admitted that he
IF is a partner in the business, but tina
ms. he did not write the article in question.
and On question, Lemon did not know
yea. that at the time of the article that a
Jury had been drawn.
On cross examination Lemon adj
mitted that the names Of the jurors
had been published preceding the
I, is publication of the article. The case
!. is Was then closed.
IRE, THE SENTENCE
on Judge Hawley said in his. decision
nj that in this case if he did not take
ain steps to prevent future attempts of this
now kind, it would be useless to try to rem
der justice, either to the people or the
Government, and that in this particu-
lar case, the effect is and was to pro-