Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1900-03-17
Strange Case of a Man Convict
ed of a Crime for Which He
Was Not Tried.
GUILTY, But ESCAPES JUST PENALTY.
Released by Order of Supreme
Court After Serving Five
Years in Prison.

and convicted and sentenced to the
State Prison for another, is condi-
tion that might we'll be considered
impossible in this enlighted age, yet
a case of this kind has just come to
light in Nevada, the facts of which
as published by the Carson Appeal,
are as follows:
Since 1895 Joseph Della has been
occupying a cell in the State Prison,
having been sentenced in Lincoln
county for twenty years for the crime
OF rape. Attorney McGowan applied
for his pardon on the ground that he
had been indicted for murder and
tried, and when convicted it was for
a crime for which he was neither
charged nor tried.
Della and a companion named Mag
roildi had cabin at DeLamar, Lin
coin county, Nevada. Della slept in
wagon box near the cabin.
One day in August, 1895, a Piute
Indian girl named Liza, was found
dead in the wagon box by some Of her
companions. The people became
excited, and proclaimed that Della
and Magrioldi we're responsible for
her death. Both were arrested and
charged with murder. Numerous
witnesses were called at the prelimi-
nary examination. who testified to
having seen Della at or near the wag-
on box during the day. But no one
saw the Indian girl there until the
Indians were taking her dead body
away.
DIR. Biorson testified that be made
an examination of the person of the
dead girl and found that she had q
small wound upon her forehead. but
not such a wound as would cause
death. He also found her clothing
soiled and il occurred to him that
she must have partsken of a guam
tity of alsoholic stimulants.
He said that death probably oc-
CURED from three causes, the wound,
the hemorrhsge. and the alcohol.
The officers agreed that the maiden
died from wounds and other assaults
received at the hands of Della. She
being under the age OF IA years. and
death resulting from said act or acts,
Della was indicted for murder.
On his trial the Judge instructed
the jury that il they believed the girl
had died from wounds administered
by Joe Della whilst violating her
person, she being under the age of
IA years. he was guilty of murder in
the first degree; but if it had reas.
enable doubt as to said wounds caus-
ing her death he should be found
guilty of rape.
The jury, after much deliberation,
brought in verdict against Della for
rape and the Judge sentenced him to
the State Prison for the term of
twenty years.
The commitment showed that Della
had been convicted of the lesser
crime. and when two years after an
application was made for his pardon
il was denied by the Board of Par
dons. After MCGOWAN took the case
he discovered to his astonishment
that the defendant had been indicted
and tried for one crime and convicted
OF another.
As it is a we'll settled principle of
law that a defendant can only be
convicted of the crime charged in
the indictment, he made this show
ing before the Supreme Court on a
writ OF habeas corpus, and there was
nothing left for the Court to do but
grant the writ and the defendant was
set at liberty.
In rendering the decision the Su-
preme Court said: Believing the
Judgment in this case to be void be-
cause the Court had no jurisdiction
of the subject matter, that is. of the
crime for which be was convicted,
for the reason that the defendant
was neither indicted nor tried for the
crime Of rape, and that the execution
of the judgment deprives the petit
tioner of his liberty without due