Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1901-08-14
fully, Mrs. ]. Friedman


both here at the time. Mr.. Friedman
was here about the day prior to the
time this case was set for trial and
Mr. Coin supposed he would remain
here all this time.
if your Honor please. (Mr. Chartz
sworn to testify 49,.
If your Honor please, | had many
man by the name of Davis; both
the sale: the lease was not to pass.
Mr. Platt:-I object to any such
Testimony, it goes to the merits of this
case. The case has not been tried,
he is not a witness capable of testi-
flying until the case is tried upon its
merits, and l contend that he be held
now to the record.
| The urt:-Proceed.
| Defendant excerpts.
| Mr. Chartz:-Mr Friedman so stat
ed in the presence of Mr.. Plat in his
Office.
| Mr.. Virgin:
Q-You say that Mr. Friedman
stated to you that this lease was not
to pass?
/
in Mr. Platt's office
Q-That according to the original
agreement between the parties there
was to be no lease included in the sale?
A-That is right.
Q-Was there anything said in re-
gard to anything on the part of Mr..
Friedman, did he say there was any
thing to pass besides this personal
property?
A-The price agreed upon was upon
the personal property and no lease in
it. If you will call my attention to
the matters l will tell you all about it.
Q-Was it to give him possession
Of the personal property?
A-They were not on the Klauber
ranch at the time
Q-Was the possession OF the klau-
Der ranch to go into the sale?
A-No possession whatever eN-
r cept the sale of the personal proper
: O-Now didn't Mr. Friedman state
! / if your recollection is so good. did he
l not state that Mr. COl1n was to be put
: in the possession OF the Klauber
rancho
5 Ale was in possession OF the
i klauber ranch.
I Odd he so state?
i A-Notlling OF the kind.
: Q-Was there anything to be in
y cluded in the consideration of the pay
o .nert of this Mr. Chartz any sum o
money. besides this personal propert,
: that you mentioned in your complaint
k A-No. sir. Mr.. Plat advised hin
t. to deliver those notes over to US.
0 O-What noteso
y A-Ihere were some notes IN MIR
/. Platt's possession.
Mr. Platt:-If your Honor please al
e this testimony is to go in under m,
a objection
n The Court You may have the ben
a eft Of the exception. The evidenc
l. given by Mr.. Chartz as to what Mr.
e. Friedman would testify to has no bear
l. ing on this motion and will not be con
r sidered in deciding the motion C
s. F. Mack. District Judged AS tn
e matters now stand | will not continu
at it on that affidavit. and Telegram
e, Your witnesses were not within tn
'e jurisdiction of the court. you relic
ut entirely upon their promise to come
lie you took no steps to get their dc
% positions as shown at the present.
i'll cannot continue this case. II yo
l made an attempt to get their depos
Il. tions | would relieve you in case any
r thing had gone wrong. 1t would b
Sc unreasonable to continue this cas-.
Or The case was set down some day
to ago | shall not grant the contin,
d. ance so that settles it
Mr. Virgin:-We ask for an excel
if ton.
IN Mr.. Platt:-We ask that the lette
d. and telegram be made part OF tt
ry affidavit
Mr. Chartz:-We object on II
l ground that they are incompetent, i
of relevant and immaterial
The Court The ruling is made.
ed Mr.. Platt:-1 ask there be a rulir
i'm upon this.
e. The Court:-There is nothing \
- rule upon.
u Defendant excerpts.
lis Mr.. Virgin:-I ask to introduce TIL
The Court do not know wheth
he it is a telegram from them or NJ
Upon this mere statement that tn
we are sick and unable to be present he
lev at this time after two weeks in viii
Of to get their dispositions; you d
,se pended entirely upon their word til
IRE they would be here; no showing
lev made that you used any diligence
M getting testimony that was beyond t
reach of this court, you depended e
,,u. tirely upon their word that they wo,
-. come l do not feel warranted
a a' continue the case.
81. Proceed and Mr.. Clerk call It
~. ~, names of twelve jurors"
'- We think under the showing ma
by the defendant he was entitled
o ~. a continuance, and we cite the +
lu ~, lowing cases:
9eu Johnson " Mills, 81 Neb. 524;
ent State " Roark, 20 Kan. I47;
evil Knauer V. Morrow, 20 Kan. goo:
uld People v. Brown, 4o Cal. Io2;
'.e' Mowat V. Brown, II Fed. Rep. I
'ar In Johnson v. Mills. supra, the
r. fdavit stated that co-defendant
sided out of the State and was
only, MI ruecc by whom certain mater