Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-09-09

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4 After Waldmau had testified
,at after the robbery he went for a.
stance to Rye Patch and there fell
,Wa exhausted from the loss Of blood
nd knew Acthink until the next moro.
lg when he continued ON to Oreana.
bjecticn was made but there was no
lOtiOn to strike out this testimony.
he same Is true in regard to the
answer by the witness that he had
eceiyed wound upon the head II
be conceded that this evidence was
improper, and that the Court ought
q have stricken ont the answers il
! motion to that end had been made,
till it does not appear to Fave been
lrejudicial to the defendants IN view
t Their admiss--l upon tie trial that
Welsh had been robbed and shot ana
iad died from the injuries he received
md of the fact that they rested upon
N alibi and conceded that the de-
seased had been wounded as claime'i
oy the prosecution. The only quest
ion for the jury was whether tue De
fendants were tae perpetrators of
crime which was acknowledged to
haye been committed, and in view
= this and all the circumstances.
the testimony old not Rave tendency
to influence the jurors on this issue
D. fae DISTRICT court admitted TIE
testimony OF witness named Town
send who stated that money including
three Mexican cciI pocket pieces had
been taken from him by these men
that night a few miles west OF lola
siding on east bound freight TAIN
No. 22Q. These coins were found up
on enc of the defendants when they
wore searched in the Jail in Loveiock
the next morning. In this connection
it is claimed. and authorities are cited
in the belief holding. that it is not
propar to show that the defendants
have committed other crimes not co.,
nected with the one for which they
are on trial. It will readily be seen
that this ccrrec.. legal principle does
not apply to the circumstances in this
case This testimony was not intro
duced for the purpose of showing an
Independent robbery and the fact that
it had that tendency did rot prevent
its proper admission as one of the
strongest and most material fac.s
directly connecting the prisoners with
the robbery and killing of Welsh.
They claimed that they were in Love-
I lock all that night and not on any
train, ad that it was too dark for
theme to lie identified by the deceased
and the Witnesses. and consequently
that the crime must have been com
mitted by other persons unknown /,
was the theory of the prosecution
that the defendants had taken train
No. go east bound from Lovelock
left it as it slowed at lola sidin,,
and returned OF train No. 21e.. Ii
they were found upon No. 900 as the
coins taken from Townsend thereon
and found with them the next morn
ing would indicate. they must have
returned on No 49, the train upon
which Welsh was robbed and sho,
for the evidence. indicates that the,
were back in Lovelock. soon afte.
] its arrival and. before they douid
have reached there in any other way
Z; The testimony was most material
direct and important to thow ths
presence Of the defendants at thu
scene of the crime and admissible
regardless of whether it indicate
another cffense. the robbery of Town
= send. The Court was particular te
instruct the Jury that they were NO
to consider the defendants guilty b.
reason of any crime not charged j.
;;.tne lnalctment. In Hone vs.. Peopi
So n. Y. 418. So Am r. 400, it wa
said: 'sBut where the evidence i
relevant end material on the qestio
4 of the guilty of the prisoner of tn
crime for which he is upon trial,
can not be excluded merely becaus
it also proves him guilty of anothe
crime In State vs. Keeper, 6;
! Iowa, 745, % N w 304. eyidenc
: Of a distinct offense was involved i
proving the Identity Of the defenda'
: and in Herman VS.. State. IS Md. %
, evidence of the movements of the a.
cused was held not incompetent. bs
: cause proof OF anotner crime Otne
! cases holding that evidence show
J the defehdant guilty OF. an onens
= moi charged IS not On that accOu.