The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1905-10-23
WEIGHS MURDERS
GIVEN THREE
WEEKS
Sevner Makes Plea Before Judge
CurIer for Constitutional
Rights November II Day
of Execution.

sevener, Roberts, Linderman and Cor
man were re-sentenced by Judge Curler
to death for the murder of Jack We.ch
at Oreana. on August 19tn. 1903. When
asked If they had anything to say why
sentence should not be pronounced, Sew
ener addressed the court as follows:
IF your honor please, the defendan
realize that the request of the court is
oerfunctory, yet as this is the court
PENDANTS at this time desire to state
wherein they believe substantial consti-
tutional rights were denied them by the
court
Il hope your honor will grant me a
tile latitude. being unskillful in lor-
ensic argument. to state wherein lnese
1T has been remarkable case, your
honor, peculiar case. The defendants
have had two trials. The same witnesses
for the prosecution testified at the first
rial that testified at the second. The
ecord shows their testimony.
'The counsel for the defendants re-
uested permission to submit to. the jury
a transcript of the evidence of the for
er trial, and II was denied by the court.
Now. the statutes are pain, and in
simple language declare that any de-
sndant at bar can present to the jury
he original records of the case. lnat
vas den ed by this court.
Again. your honor, counsel for me
efense attempted to put on the w..ne5s
tand a member of the Grand Jury.
hris Young. whose testimony would
nave shown the discrepancy, The neon
istency of the witness. and that was
iened. The statute says that a defend
mt at the bar at any time can put a
uror on the witness stand for that pur-
)ose. Aye, your honor. the very record
# the proceedings in this specific case
hows witnesses testified at the former
rial and made descriptive identifications
IL the defendants. At this trial .ney
'eversed 1t; the record shows 1t, and
nat juryman could have testified on
his witness stand to that inconsistency
f the testimony. and 1t would have been
great aid not only to the defenuants.
,ut to the jury in aiding them in rem
dering verd ct that would have rung
.ue, and not this verdict that is simply
in echo answer to the call of fierce and
'avage prejudice. The record shows it
conclusively.
Sheriff Lamb had no more right to
sit in this court room during the trial
han any other witness that the defend
ants objected to. The excuse was put
oy counsel that Lamb was an official.
The statutes take no cognizance OF off,
aials. On change of venue, Lamb, as
your honor is aware, turned the pris-
oners over to the Sheriff in which coun-
ty the action was tried, and when the
defendants asked to exclude, espec. .aliy
lamb he should have been exc u.ed.
Witness. your honor, his app. cation TO
Warden Considine to spring the deash
lap that would have pitched these un-
fortunate victims of circumstances into
eternity.
Now your honor, In the soemnity of
his moment, when the Father must be
very near / declare my innocence, and
| am ready now to receive this unjust
sentence
II believe. your honor that at any
time fair and unprejudiced men VINO
would investigate this case, would find
that these men were Simply the vic inns
OF unscrupulous officials. And the day,
your honor. that these men are pitch d
into eternity OF the scaffold, that day