The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1903-10-29
Time in Court Being Consum-
ed in Considering This I'm
portant Testimony
WAS RECOGNITION POSITIVE
State Endeavoring To Prove II
Was, and the Defense That
IL Was Not

The testimony of Sheriff Lamb in
the murder case was not concluded un-
ill after 4 o'clock yesterday evening.
The question of admisability of evil
dence relating to what was found on
the men when searched by the sheriff
at the time of their arrest was taken
under consideration, and a decision
was not given.
The cross-examination of Mr.. Lamb
was thorough and deep, and was con
fined to the events in connection with
the arrest of the four men, the return
with them to Winnemucca, the trip
to the county hospital and the ident-
fication of the accused men there by
Welch. The cross-examination failed
to bring out anything in Mr.. Lambs
testimony in addition to what was in
cluded in his direct testimony, pub
lished yesterday.
F. w. Roach was called. following
Sheriff Lamb He testified that ne
first saw Jack Welch about o'clock
on the morning of August 20: We,ch
was sitting in a chair on the porch
at the county hospital; he was suffer
ing intensely; witness gave him a
drink, and took off his shoe and
Strengthened out his leg, which was
hurting him. Saw defendants there on
the evening of the same day; heard
en- into the room in pairs, Roberts and
Sevner going in first. There were
others present, perhaps dozen or
more in the room where WEIGH lay
on a bed or cot. Heard Welch told
by someone, either District Attorney
Warren or Superintendent Hurst, to
look around the circle and see If he
saw any one there he recognized.
Welch did so; as soon as he looked al
Roberts. he said You were there,
you shot me-" Then looking at Sew
ner he said, You were there, too.
These two men were taken out and
German and Williams came in and III
to the bed. Welch was again told to
look at people around the bed and see
os he recognized anyone there. Then
attention of Welch was directed to
witness and he was asked if he knew
who he was. Welch replied, "Yes,
he was here this morning." Welch
then looked at the others who sur
rounded him, and seeing German, said
You were there, too" IL words to
that effect; then, looking q; Williams
he said You were there; you shot
me, too" At the accusa-iol, each OF
the accused Lien turnad pale and
showed great nervousness. Hona OF
defendants said anything 10 Welch.
except Williams, who asked Welch
to take a good look at HIM and say
if he ever sam him before. Saw no
assistance given to Welch in Identify
ing the men.
Cross-examination: Defendants were
taken from the train to hospital in +.
N. Muller's dray wagon. A number
of men rode down in the wagon, in
Guiding witness. Did not notice who
was in the room during the identifica-
ton; remember three or four who
were present. Told where the men
stood who were identified by Welch.
Did not remember exact positions oc-
cupied by the various persons in the
room. When Welch looked at Will
liams he seemed to become agitated
and promptly accused him of being
there. too; you shot me, too"
At o'clock court took a recess to
10 o'clock this morning. and on recon
Vening. Mr.. Roach was again placed
on the stand.
Mr.. c. C. Mckay was called to the
stand to prove the correctness of a
diagram of the room in which Welch
lay at the hospital when the identifi-
cation took place.
Jas. Hurst was also called to iden-
tify the diagram and to testify in
regard to position Of cots. tables. etc..
In the room. He corrected state
ment made a day or two ago while
on the stand day or two ago while
to testify that the defendants were
Identified separately" instead of that
they were brought in separately"
Cross-examination of witness F. w.