Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1901-08-24
KELLY VS.. KELLY.
HUGH KELLY HINTS THAT
THE FIRMS MONEY CAME
FROM The v. At. ROBBERY.
A Sensational Story Of Buried
Gold.

trict Court. Hugh Kelly sues his
brother Joe Kelly for division of the |
property and an accounting of the bus
mess affairs.
The jury was easily secured as both
sides seemed anxious to get on the
fighting line. The following jurors
were selected:
J. Belcove, Geo. Vonderhyde, O. w.
Tenant, R. K. Colcord R. Grim
mon, Frank Mccullough, J. T. Davis
Lee Bright, A. Lauzon, Chris Smith,
Frank Collins and c. l.. Deadly.
Seven of them were accepted with:
out any questions being asked OF them
whatever.
The complaint and the answer were
both read to the Jury so that they
might understand the issues
The complaint sets up that Hugh
Kelly was and is an equal partner with
Joe Kelly; that he put in an equal sum
OF money. Hugh Kelly claims that he
has practically been thrown out of the
to have access to the books. etc. The
value OF the property is placed at $40
600 in the complaint The answer is
a sweeping denial OF all the allegations
OF the complaint.
Attorney Chartz of counsel for de
PENDANT made the opening statemen,
in which he said that they would prove
that Hugh Kelly did not even know
the cost mark on the goods IN the
store and could not read it. Attorney
TorreysOn. for the defense, argued
that the Jury would not determine the
iQuestiOn OF partnership, but that a SET
les OF questions would be submitted
to the jury, and the Court would
? say whether or no partnership exists,
being pure question OF law.
Hugh Kelly, the plaintiff, the frs,
witness, testified that in 1906 the wit
. ness, Joe Kelly. Henry Bath and Er
nest Miner opened the King street
store. Counsel had several wranglcs
over the interest of Bath and Miner
, and all matters relating to them
4 were finally left out Hugh put $50,
, in the business and Joe put in 500.
Hugh knew nothing Of the business 81
the firm; he did the heavy work while
Joe kept the books and did the bust
Il mess OF the firm. The brothers dis
agreed about the conduct of the wit
ness outside of the store which led to 4
4 break and plaintiff asked for his share
II of the business. Joe Kelly told him
=, he should have his share any time he
e wanted it. When witness demanded
O the $500 he had put in, Joe denied tina
the witness had put anything in tn
business, but finally made a propos,
e ton to pay witness $500 on condition
r that he would go away.
Is On cross examination considerable
a talk was had about sealed deposi
d ton" which witness had made SOM
months ago. Hugh was told by 10,
where he would find a certain sum o
J. money and if he would get it, $500 o
/ it would be his Witness and Mine
a went and got the money and took
% on saddle horse up to store at tn
e Incline OF the $500 half came from
Joe Kelly and half from Miner.
He testified that he was in Califor
. MIA and did not know whether TIL
. money was the proceeds of a robbery
!, - but he found it in Folsom's hay yard
!. The $500 which he had found" il
- the hay yard and given him by hi
brother and Miner, was put into tn
~ store
parts of the deposition was rea
+ in which witness had said he decline'
as to state where the money came from
al because he might incriminate himself.
v. Witness said he had no malic
If against his brother, and did not desir
he to get him into any trouble. He di
er not have any positive knowledge. Hi
6 brother gave him a diagram of wher
he would find the money and he wen
and got it. The diagram was destroy
III ed some seven years ago. His frs
he knowledge of the money was when h
ID dug it up in Folsom's hay yard. H
dug up the money and turned it owe
es to his brother at Incline 1t didn
M take long to earn the money. Wit
~ ness said he was taking no chances O
m discriminating himself, but didn't kno,
re whether it would or not. He though
he was taking desperate chances to
caught with that money on the saddl
horse that day. He surmised where
came from. He had heard of Grim
having been committed in Carson