Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1903-08-08


Frank Smith, charged with the kill
irp Of Walter Dunn, was held at Bel
mont, on Monday, the 3D. inst, be
fore Justice Henry Hancock. District
Attorney Richards and c. F. Rey-
nolds appeared for the state, and S.
e. vermilyea and Geo. A. Bartlett,
If Tonopah, for the prisoner. The
only estimony offered was by the
state. whose witnesses testified to
the killing of Dunn in Tonopah, on
July 9th, identified the weapon which
caused the deceased's death, and the
expert evidence of DR.. Hammond,
who held the autopsy on Dunn's re-
mains. as to the wounds which pro-
duced his death. The defense pre-
sented no evidence.
The examination lasted the greater
part Of two days, and at its conclus-
ion, Justice Hancock, much TO the
surprise of the prosecution, held
Smith to appear before the grand
Jury on a charge of manslaughter,
and placed his bonds AT $4,000. In
default OF this amount, Smith was re-
handed to the custody OF the sheriff
A stenographic report OF the pro-
ceedings was taken for the BONANZA
and from it the following synopsis is
extracted:
The first witness examined was
DR.. C. L. Hammond, who stated he
was practicing physician of Tono-
pah, Nevada, and that he was a
graduate of the College OF Physicians
and Surgeons OF Chicago. II saw
Walter Dunn" testified the doc
tor, ION the evening Of July 5th; he
was suffering from shock, an inter
nal hemorrhage, brought on by in
cised wounds. The following day he
died. performed the autopsy, with
the assistance Of DR.. +. o. Chamber
lain. From the examination il is my
opinion that the direct cause Of
death was an incised wound, which
was externally about the border OF
the tenth rib, on the left side, pene-
trating the abdominal cavity, and
making an incised wound OF about
two inches and a half in length and
about quarter OF an inch in depth
in the spleen, causing profuse inter
nal hemorrhage. The wound was
caused by a sharp cutting instru-
ment. There were five incised
wounds in his body, three of which
were on the legs. none OF which could
be considered mortal. Above the
first described wound, between the
eighth and ninth ribs, there was an
other wound, having more the APP
pearance OF puncture than an in
creased, which penetrated the tho
racic cavity Such wound might
have been caused by cutting instru-
ment and the contraction OF the It's
sues would give it the appearance of
a puncture. The wound was about
the size of a pea, but could not have
been done by bullet"
John W. Gillian, on being sworn,
testified that he twas q resident of
Tonopah; that he knew the defend.
ant, Frank Smith, by sight, and rec.
ognized him as the prisoner at the
bar; that on the night of the 9th of
July he saw the defendant in Tono-
pah; also Walter Dunn; witnessed
the trouble between them and saw
Smith strike him; also saw knife
in his hand" All attempts to prove
that witness saw Smith strike Dunn
with the knife were objected to by
defendants counsel, and objection
was sustained by the court. Asked
what the condition OF the knife was
when he saw it ia Smiths hand, wit
ness stated that blood was trickling
from it.
James G. Gushing, on being sworn,
stated that he was sheriff and asses
sor of Nye county, Nevada. Had
known the defendant about year;
that the knife shown him by the
counsel for the prosecution was the
same knife that was in the posses