Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1896-03-17
LARCENY TIE CHARGE
THE DEFENSE WILLING TO
WAIVE The ARGUMENT.
The Prosecution Prefers to Have
a Talk.

the I1dIllpf tdSt was bdSSSu lOl LIE
term. Re"ess until 1. p. M.
When the afternoon session oper-
ed His Honor asked the prosecution
which count in the Indictment they
wished to bring ag inst the defendant
for presentation to the jury.
General Clarke A duuht existed in
the mind of the Government attorneys
as to which count to charge, but il
the defense would state which charge
was preferred we would be able 70
answer.
WoodbuLn said that if the prescott
ton we're willing larceny would b.
charged.
His Honor said that the testimony
tended to show that gold bullion had
been ~feloEiously taken from the NIT
and that larceny would be proper
His Honor said that he would not
limit the time of argument.
Woodburn: If the gentlemen for
the prosecution are wlljng, we will
submit the case to the jury witt on
argument.
Clarke: We will not do it.
The Court was called 10 order at l
o'clock with the jury in place. {, S.
Attorney Jones opened for the Govern
eminent. He stated that in all his ex-
perience he had never tried "A casa
where he would have been moro
pleased to have discovered some proof
Of the defendants innocence, than in
this case. He had watched anxiOuely
for some ray Of light to come into the
case ard show the defendants limo
cence. He would have welcomed such
a showing, but it had not come. Thu
promised explanation had no"er been
. forthcoming. and he was "1mpelled
to believe IN the guilt Of t. accu~n!
as beyond question.
He showed how tho"n al been q
> sudden shortage of ~.'v"r when the
silver was substituted for gold and a.
excess when the bogus stuff was writ-
l. ed up. The shortages and the sur
1 rluses balanced each other as tc
dates and that fact alone was enough
to show Just how the shortage occur
red. 1t was beyond controversy thai
there was a 81, 900 shortage, heyOnC
y CONTROVERSY that it was necessary Il
make a bogus melt to cOver it up, tina
a bogus melt had been made, severa
in fact. and it was done during Jones
IS administration
The har had been shown the iur,
, ard the testimony of McLOuChlin or
the age of the mould and the bar Wa
D conclusive, and e~ffuctually disposed o
any testimony brought in against it
Il The settlement number of the bOgu
e lar for 1898, No. 1874, had been mad
2 when it was hot and this fact ha,
Id been so clearly demonstrated as to al
nit Of no denial. 1t was idle to tai
Re of settlements and receipts and tn
talk OF nc SHORTAGE when if thes
same bogus hairs were weighed the
- would probably be accepted as gem
inc and then if passed, the book
~ would sho~ the bar to be genuine.
With all their talk the witness fc
-. the defendant except n had decline
=. TO estimate bars by their appearance
- The only mar smart enough to a
tempt it was young Oliver who ha
~ only been a few months in the Min
y He could tell the f~ineness of a bar h
=. its appearance, but Mason who ha
~ been over fifty years in the bushes
~ didn't think he could.
Tho irru hoe nnfh1n~ 70 do nit
Heney. His stealing don't acqu
Jones. If he stole 1923, 900 in 1898 no
did the defendant make his books ba
e. nee for that years. He must ha,
ps covered it with other spurious melt
Zabriskie the chief OF the departmel
90 was sick most of the time and ava,
- Jones his assistant had conducted Il
NV department in his absence. The me
y was made by a mar who knew iu
x what figures to put on.
10 Much had been made of Jone
:. stock operations to account for b
~ wealth, but no such explanation b;
been forthcoming. The gold b
missed the night after Jones we
below was valued at a little over SO
One month after that date he deposit
7ss with Wells, Fargo & Co. S76O.so, tt
hhA was probably the proceeds of the GO
bar sale, because the cents are the
Considerable stress was laid on t
r. missing leaves of the consolidate
record. Who, but the guilty m;
could AVE torn out these leaves.
was to prevent the tracing Of melt
by the men who made the bogus me
In these hard times it is hard VIC
for most men to make a living.