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

| NcV. Lear C1 = ours Vi Tic lltH
was received by me last evening. In
answer will state that Mr.. Friedman
and l will come without fail to attend
home from the city Saturday morning.
We will wire and let you know when
we leave here SO you can have the
ing you are in good health, | will close
with kindest regards to yourself and
brother Toby. Respectfully Mrs J.
Friedman Alfred Chartz, Esq, at
torney for plaintiff, was sworn in re-
buttal of said affidavit and in opposi-
ton to said motion for a continuance
as shown by the stenographer's report
Of the testimony and proceedings here
in. as shown upon pages II to IS OF
this statement. Said affidavit was read
to the court but the court denied
plaintiffs motion for a continuance
of the trial of said cause to which re-
fusal and ruling defendant duly ex-
lcepted.'
| Monday Morning, Oct, 10th, 1899.
THE case of L. Yori. Plaintiff v.
Elkin Coin, Defendant called
The Court-Are you ready to try
this case2
Mr.. Virgin:-If your Honor please,
!. the defendant has received a telegram
from two important witnesses in this
action: on account of sickness they
are unable to be here at this time and
the defendant as made an affidavit
. showing what l consider good grounds
for d continuance. l ask that the case
be continued for a week or two, so as
to allow these two witnesses. a man
and his wife. the wife is i'll, too i'll to
accompany the husband, and the hus-
: band does not want to leave a sick
wife, and we need the attendance Of
both witnesses l will read the aft
: davit of Elkin COIN as to the sick
ness of Joseph Friedman and his wife
! If your Honor please, the court cam
not understand the materially Of this
1 affidavit without the reading of the
e answer | will read the answer and
4 then your Honor will understand whe
Their these allegations are material or
e not. (Answer read)
r Now if your Honor please. what we
n expect to prove by Joseph Friedman
is the whole transaction and Joseph
/ Friedman knew all about it. because
e as will be shown made this arrang-
e ment as between Mr.. Yori, that is as
l. | understand it, he was commissioned
IS so to speak by Mr.. Yori for so much
i to sell this lease to E1kin Cohn, coult
/ you imagine more material witness.
Mr. Chartz:-We VII object to any
/ continuance on til ground that n
d diligence has been taken.
al Mr. Nirgin:-NVe offer if your Hoo
e, or please this telegram and we ash
G. Stockton, Cal. Oct 18th, 1899. I,
! A.,
wife very sick; cannot come til 23rd
a Mr., Chartz:-No proper diligence,
s. has been exercised; here is simply
e. statement and no precauton has bee
taken to prove it. no certificate from
as competent physician; absolutely moth
N ing to show that this affidavit is true
III Furthermore we claim under the aft
an dav1t that the parties were in Califor
es MIA, these two important wltnesse:
of These two important witnesses wer
tn beyond the jurisdiction OF this court {
at the time OF the setting of this cast
IL and defendant had ample time to NOV
he the court to take their dispositions, b1
tn instead OF that, an attempt was mad
nd to get me to subpoena them, SO as t
We bind me by their testimony. l wi
id show you that it is utterly false
to got a telegram too. Stockton, Ca
h Oct. 18th, 1899. Mr.. Chartz, Atto1
th ney at Law, Carson, Nevada Pleas
ot send subpoenas by registered mail fo
nd Joseph and Minnie Friedman t
by Homestead, Cal. (Sg) Minnie Friee
ms man
,ss Mr. Chartz:-And | will show
ess your Honor please that Elkin Cob
to took ateam and drove Joseph Erie,
of man out of town and he knows it vel
nd we'll
in Mr.. Platt:-If your Honor please
int take an exception to the statement
.x- counsel
ZEN Mr.. Chartz:-These people want,
on to come through me. Now they clai
the an undelivery Of possession, misrepr
aid sentatlon and the fraud they charge
lie Mr.. Platt:-I object to any arg
Wit ment OF counsel as to the merits of til
to case; | lnterpose an objection.
led The Court:-Argue simply to Il
on motion, Mr.. Chartz
de- Mr.. Chartz:-I claim that they ha
IN. not used proper diligence and tn
md should have taken the dispositions
de- these people 1t is great expen
or to bring the jury and witnesses he
OPP and we are ready for trial and tn
IN have used no means at all to acco,
aln. plish their purpose.
anu Mr.. Plat inlay it please the CO,
sei' l call your attention to the date of IL
al telegram October 18th, 1899, vest
lla :, day, Sunday it was sent from Stockt
say say upon that date it would have been i
dnu possible to secure the certificate OF
~ competent physician to present befe
1o'e this court. We ask for this cont,
ing ance on the ground that we have US
Ivy an. all due diligence, on the ground Il
~ this telegram came at the last MON,
~. .n and we could not get any better c
l .an, dence than this telegram If we CO
: 10 have gotten a physicians certifca
o "a we would have done SO, but we ella
s an this is the best evidence of these D
~ " ties sickness and they are unable
o. be present.