The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1905-01-05
L|NDERMAN
MURDER CASE
comment Citizens Appear Before
: Board Of County
Commissioners


lor of Lovelock appeared before the
County Commissioners last evening to
counsel familiar with the murder case
Of Linderman, for the killing of Jack
Welch, near Lovelock. Mr.. Nelson acted
as spokesman and made the statement,
as q citizen of Humboldt county, that
they wanted to see Linderman vigorously
prosecuted and the case brought to
some one more familiar with the case
than is District Attorney Craig of
Washoe, who has just entered upon the
discharge of his duties, should be en-
ployed that the ends of justice might not
mlscarry District Attorney Craig also
sent letter to the Board urging 1t to
give him help. He said he would be un-
able to proceed with the case on Janu-
airy 10th. the time 1t Is set for, unless
some one more familiar with the case
than he was should be sent to assist.
He said he was entirely unfamiliar with
1t and that IL his request was granted he
would be able to proceed on the 10th.
otherwise he would be obliged to ask for
a continuance. Mr.. Craig said further
that under no consideration would he
than the salary paid him by washoe
county.
Quicker to answer Mr.. Craig. which he
did I'm line with the opinion he gave the
Board relative to the subject. District
Attorney Ducker advised the Board that
in his opinion the Commissioners of Hum
.boldt county had no legal authority or
pewer to employ an attorney to prose-
cute or assist in the prosecution of
criminal case pending in another county;
that the change of venue in the Linder-
man case operated to divest this county
and this court OF all Jurisdiction in the
case and attached 1t to washoe county
and that court The case, in the opinion
of Mr.. Ducker. should proceed to trial
and judgment In that court "as IL the
action had been commenced in such
court" and that Humboldt county has no
authority to pay any expenses of the
trial until after they have been legally
incurred by Washoe county.
rrta x,,,,,~7ar a., S,astto,, v,au coruuittad
IN Humboldt county and the men charged
with the offense were tried in the District
court of Humboldt. prosecuted by Dis
trict Attorney Warren, convicted and
sentenced to death. Their attorney, F.
X. Murphy. appealed to the Supreme
court, and that tribunal sent the case
back for a new trial. The District court
granted a change of venue to Washoe
county. Three OF the murderers were re-
tried by the District court of the Second
District and were again convicted of muir
der in the first degree and are now under
sentence of death. District Attorney War
rem of Humboldt and District Attorney
Xflke or WaSnoe proseCuieu tne case.
Linderman, the fourth murderer. was not
tried with his companions in crime for
khe reason that ne has made several con-
~ions and 1t was thought best to give
a separate trial. In the meantime
District Attorney Warren of Humboldt
has been succeeded by e. A. Ducker and
District Attorney Pike of Washoe has
been succeeded by Mr.. Craig. Districs
attorney Ducker cannot appear for the
prosecution In the Second District for the
reason that he acted as the attorney for
the prisoners In former trial. District
Attorney Craig does not think he will
have the time to prepare the case to
present before the time set for trial, jan
uary 10th. In the meantime venire Of
1urymen have been subpoenaed, and II the
case has to be again postponed 1t win
s-pve somewhat costly to Humboldt and
3ke the murderer the chance of escaping
scott free, or at least getting a lighter
'entence, II seems to the Silver State