The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1903-07-24
Returned Indictment for BURG.
larry Which Contained q
Clerical Error
"JULY"NSTEAD OF "MARCn"
Four Men We're ArraIgned This Morning-
Duncan Pleaded Not 0uilty-Davis
Sentenced


indictments we're returned by the
grand jury yesterday were arraigned
before Judge Bonnifield this morning
at 10 o'clock, 1t was discovered that a
clerical error had been made in the
Indictment against Murphy and Han
ey, the two men who are charged
with burglary from a Pullman car;
the bill as submitted by the grand
jury affirms that the crime was COM
mitted on the Path of July. 1903,
whereas 1t occurred, and the bill was
undoubtedly intended to read, on the
oath of March. 1900. While 1t is clear
that the discrepancy is merely
slip of the pen-or memory made in
ecording the decision of the jury, yet
It is necessary to have the indictment
corrected and made out in due form
before the prosecution of the case
.an be proceeded with.
When the names of Murphy and
Hanley were called, the district at
torney stated the case to the court
who instructed the sheriff to call the
members of the jury together again at
O'Clock this afternoon, in order that
- mistake might be corrected and
form.
F. w. Duncan,w who is charged with
selling whisky to Indians, heard the
true bill read, stated to the court that
his true name was F. w. Duncan. and
when asked as to his guilt, pleaded
To- guilty.
w. T. Davis was then called and
arose; Davis is a boyish looking fell
low of rather impressive appearance,
and has little in his looks or actions
to suggest a criminally inclined mind.
H. evidently felt his position keenly;
District Attorney Warren stated to
The court that Davis desired to plead
suilty to the crime of petit larceny.
and recommended to the court that
his charge be substituted for that of
burglary, under which Davis was in
ilcted. In support Of the plea. Mr..
Warren added that he felt the de-
fendant was entitled to leniency. His
since he has been in custody
ir rdicated that he was naturally
IL Straightforward and manly, and that
ne was sincere in his contrition and
pc nitence; there was no doubt. he
said, that the offense alleged had
been committed by Davis. but ne did
.Ct think there was anything to be
gained for society by imposing the
severest sentence under the law. The
defendant was young, and this was the
llrst time he had ever committed an
.nense of a serious nature. He hai
Irdoubtedly been taught a lesson in
! way that would prevent him from
ever breaking the law again wilfully,
and for these reasons he recommended
that the court withdraw the charge
of burglary and allow the young man
TO plead guilty to petit larceny,
Judge Bonnideld then instructed the
clerk to read the indictment. and in e.
sronse to the usual query. the de-
fondant stated that he had been in
dicted under his true name.
do you desire to plead guilty?"
the court asked.
YES" replied Davis; Il plead guilty
to petit larceny"
How old are your"
Il am not 10 yet" he answered: II
will be 19 in October"
Where is your homer"
In Salem. Oregon"
Were you ever arrested before?"
mo. sir; never"
Are your parents living-your
father and mother?"
''Yes, sir: both"
Judge Bonnifie.d then informed him
that owing to the fact that leniency
had been recommended by the dis
trict attorney. and that the parties
against whom the offense had been
committed, and whose property he
had unlawfully taken were willing to
SEQ a lighter sentence imposed upon