Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-02-16

hal at such meeting between McNumee.
w Y-r-. ~. &Irs.M rGItfee; that Warren
CT A.. Iirs, io said lodging house, went to
Mrs. McGlffae's room and asked her
whether she was ready to so up to Mt
Namee's house; that she said III reply
that she wa~ not feeling we'll and for
Warren TO % up and bring McNamee
down; that Warren went, and told Nc
Nance that Mrs. McGdttee wanted to see
him about the water suit and the notes
she held against ~ Aeshitts: and thar
she was sick or she would come mp: that
McNamee went down with Warren TO
Mrs. Mct5Ht.ce'S room, met her there and +
AicEanlee asked her what she wanted;
that she replied, that she wanted to see
him about the NeSi'itt notes and the
proposition made TO her by Warren: that
McE&mee advised her As to the notes
and asked her what proposition Warren
hau iilaoc; that She replied that 1t was for
her to teSiliy that the north springs were
and always had been her daughter Ag-
gie'S: t!laJ MIS-. Aic.NUtee SAID that II
there was enough INIT she might consider
the matter; mat McNaIMec replied to her
that he WAS not there on that Kind OF bus
mess; maj linen she SAID tlat she would
not TESTIFY mat THESE north springs were
ana always had been AggIe's Tor all the
money DeLalil"f had; that McNalhee
then spoke up and SAID to her hat was
right that she must not testify to any
hing, wrong; that she must testify TO the
truth II she lost everything; that McNa-
NEE SAID TO her that she must not testify
10 anything unless she could 90 so truth
luliy ana cohsclell'louslv; that Mrs. NC
"uIIee SAID slle might pe Wiling 10 take
a trip II thefe was enough III IL lof her,
that McNamee told her hat that would
do her no good because they could prove
the same facts by other Witnesses, ana II
ne had thought that was what she wanted
him for he would not nave come down.
n said evidence also tended to prove
that McNamee had no OF any
proposition having been made by War
rem to Mrs. McGuttee with reference to
her said testimony until he was in
formed as aforesaid by Mrs. McGuffee at
said interview. 1t also tended to prove
that defendant George Nesbltt who was
IN the adjoining room heard what was
~
McGutfee as above given in said inter-
view. and that on the next day after the
said interview, the day on which the said
criminal prosecution was instituted.
George Nesbitt, in the presence of Mrs
McGutfee, J. H. Mcmillan, James Nesbitt
and Mike Owen said that he did not
know whether McNamee was in it or not
but that he was as much in the mud as
Warren was in tho miro and tina, they
the intended to have McNa-
mae arrested and that if wonld helm
them To win tbe water s,it
Mike Owen. who was in the adjoining
room with Georoo Neshitt duriup said
interview. at her REQUEST of tc
witness the conversation at said inter
, view. WAS a witness on the part of the
plaintitf. and his evidence and the eyi
dence Of NrNar,oo tend TO show as abov,
stated.
From said +yi!enre we are of opinio1
: that the plaintitT showed want Of proba
= hle causc on the ,,a.i of the il
! said criminal n~r,...3tion as AGAINST Me
= Nance the n1airtir barein. that defend
on+. "a -. h.... a.a,ahIo ana,,,
snonorta1 ,,f -. .n1 c;ra,ns+onoos q
, vnn11 ,.,rr,.t 81 ~. man. in tho no
ne +ho Ia<, u,;Ituo ~ -,
fo,So ahorn,3 ,~:. hin,
From want Of n,obable cause malic
. NAV he nrcsp,nrI. As to the thIr
- ground for the motion there was no ev
/ dence then in the case that the defendant
- had even consulted any attorney in tt
4 matter.
20 Counsel contend lh2t the verdict OF tt
=. jury is not supported by the evidence an
- is contrary thereto. The evidence as
-. nally submitted i'll the case is conflictir
=. as to some material matters. 1t is not ft
~ this court to determine the comparati,
~. weight of such evidence. There is ev
!" dence OIL the part of the plaintiff, if tru
III sufficient to su port the verdict. The j
- ry are the judges of the credibility
witnesses. The contention of couns