Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1901-08-25
NO ACTION.
THE COURT THROWS THE
KELLY CASE OUT OF COURT
Hugh Kelly Makes A Startling
Confession.

Kelley v. Kelley At the opening OF
the proceedings M. A. Murphy, at
torney for the Virginia and Truckee
Railroad, offered an Intervention, stat
ing that the money in dispute was no,
that of the parties claiming it but the
property of the railroad; that it came
from the railroad by unlawful acts on
the part of those in Connection with the,
case.
Attorneys for the defense immediate
ly took exception to the introduction
OF the document. stating that the case
was not one of trial for robbery of the
V. & T. but for dissolution of part
| nership between the plaintiff and the
defendant
The point was not clearly decided at
the time and attorneys for the defense
! asked for a motion to dismiss the case
on the showing made
At this point Judge Reeves, repre-
senting Hugh Kelley stated that he
wished the plaintiff to answer a num-
| Der OF leading questions regarding the
possession of the firm money; that he
wished to have all the truth known.
or as he expressed it, take the bride
off, and let the absolute truth be
known. Witness, Hugh Kelley then
told the following:
Il was in California, at Roseville
! Junction, working, when | heard
of the robbery of the Y. and T. rail
road. | came back to Carson in the
March following, little over a month
after the deed in response to a request
from my brother Joe that | should re-
turn. | had left over 500 with him
/ when | went away. Joe met me at the
depot and We walked down the street
together He told me that he had
spent the money Of mine that had lett
with him. but had got hold OF some
more, which he had found. | believ-
ed him until about one year after
thinking that his brother had found
the cache of the robbers). About one
year afterward and after we had
started the grocery store Joe and
} were walking down the track toward
the box factory one Sunday afternoon
and then he told me the whole affair
of the robbery, which was as follows
, Joe got heavy overcoat, and a
false beard and the gun formerly own
, ed by Ernest Miner who had sold ii
to him. 1t was a a. caliber Colts
nickel or silver plated and the belt
and holster that went with it were the
natural color of the leather. He also
had a small 30 hammerless revolver
which he afterward lost on the road
] to the Incline. In speaking of the al
fair and his motives Joe said to me
I didn't know what to do with myself.
(when this opportunity offered). 10.
got on the train at the depot and wa.
not seen. At the Bath Anderson Ian.
Il he smashed in the door of the express
y car and holding the drop on the mes
senger or agent in the car told hin
to hand out the box, which was done
:. The box was heavy and he fell into
culvert with it before he had left tn
track far. He hid the box in the snow
and started across the road and tn
field. In the mud he lost an overshoe
e He went to an old shanty that use'
: to be there and was known as the oil
IS Gates place, where he put the revolve
a into the stove. Joe went across lot
d and into Chinatown, working his wa
back to Main street and then, as h
told me, joined the other citizens in tn
search for the robber"
And thus comes out the first acusa
ton in which might be embodied tn
= story of the hold-up of the Virgin
y, and Truckee railroad seven years age
9 On cross examination Attorney
y Chartz, for the defendant, thought h
detected an insistence of contradictio
in the testimony and asked for a wal
rant for perjury, but the Court did nc
take the same view of the matter an
tuC WCHl OH :" lHCS
stood the fire of cross examinatio
;. we'll and was not materially shaken i
5, his story.
e In reply to question about tn
cost mark of the goods in the stor
- Hugh Kelly said he did not remembe
;, it now but they would find it on tn
fly leaf of small cash book that be
:, longs with the cash register in tn
>, store, and he would venture the asse,
ton that it was still there.
The case finally worked itself int
the position where counsel stipulate
the following question which was sui
mitted to the jury by the Court:
"Was the money which Hugh Kell
D. testified he had put into the busine.
IL ~