Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-09-22

nan0S are puDuSnluS mlluOnS Oh pa
pers daily, the man who does not read
and tnink and form opinions regard
ing such crimes as murders commit
ted in his locality. is, better fitte.i
to have lived in the dark ages than
to serve on juries in the twentieth
century.
Still, in order to be a good juror,
any opinicn he may have must be
a qualified one and he must conscien-
tiously feel that ne can discard it
in arriving at verdict, and realize
that under /Our system of jurIspru
dence persons charged with crime
are not to be Drejudged or convicted
upon newspaper reports or hearsay.
or found guilty by anything excepting
evidence introduced in court under
the sanctity of an oath, or in confor.
nifty to legal practice. Everyone,
however humble or great, accused of
crime is entitled to be tried by jurors
whose minds will be guided by such
evidence only in arriving at their
verdict. II is apparent that this ju-
ror was not disqualified under this
test, that the opinion he possessed
was only such an one as any disin
terested. intelligent citizen who reads
and thinks might form. and although
that opinion would naturally remain
in mis- mind until something occurred
TO remove it, it appears to have been
qualified by doubt as to the truth
or falstty of the information on which
if was based, and that it was not A
settled conviction regarding the de-
PENDANTS guilt which would weigh
with him in considering the testimony
OR swerve or ina nee his mind III
arriving at verdict.
The case in regard to this juror
is not. as contended in the brief, sinl-
liar TO that relating to the one, the
denial of whose challenge on the first
trial was cause for reversal The
record indicated there that after talk
ing with persons who purported 10
know the facts he had expressed an
unqualified opinion, which. under the
statute, rendered him incompetent
Here it merely appears that the jurD:
had formed qualified opinion based
largely on newspaper reports which
the Criminal Practice Act provides
shall not disqualify and that re.
CARELESS of the source of his infOrma
ton his mind was not in condition
that rendered him incompetent K
serve
Exception was taken to the admis
sion of the dying declarations of tn.
deceased, Jack Welsh The evidence
showing their admissibility appear
to have been quite sstrong as thai
on the trial of the three defendant
indicted with this one, and for The
reasons stated in THE opinion in theil
case the declarations were prOperlJ
admitted against Williams The writ
ten dying statement was in narrative
form and it is further objected her
that the questions were not include
in the writing. 1t is sufficient to sa
that they were proven verbally on TIL
trial and the written declaration wa
complete without them.
I In his opening statement to =
jury. the attorney acting for the prose
, cution said:
: sNow, there may be. and probahi
l will be. another feature of this cas-
a introduced on the part of the State
| And it will be evidence to show tha
Z this defendant was duly convicted
: Humboldt county, in conjunction wit
Sevener and Roberts and German
o of murder in the first degree, an
sentenced to be hanged for that Grim
J. That while they were confined
!, the Carson penitentiary. awaiting tn
execution of that sentence. that thi
defendant without solicitation. witt
out promise Of reward. without an
conditions attached thereto: made
written statement. That he declare
/, to the Warden of the penitentiary NJ
- Considine, that he wished to NAL,
written statement concerning Il
. crime; not through expectancy of r
E ward. or of ciemency, but for the so
purpose of relieving his mind al
letting the world know the exact CO
a ditions that surrounded the commi
st sion Of that crime That he ",
VI warned of his rights, fully protect;
&c in his rights. and still persisted
ii making 2 written statement
t? THAT statement will probably
read to YOU in evidence. and in tn
is statement this defendant decIar'
what was done with the plumber tn
S they received OFF of Jack Welsh al
m Albert Waldman. Tells what "
done with the plumber that was TAX
w OF of Townsend on the east bou
in. train. Tells where it was cache
down near Loyelock. Tells how tn
went from there into the town
=, Lovelock. how they were arrest
~, and gives the full particulars of t
commission of the crime"
The purpose of an opening sta
ment is to relate the facts f2at "
ev be offered in evidence so that [
court and jury may better and me
readily understand the testimo
., when it is introduced It behooy
nr all attorneys, but is especially
cumbent On those representing t
State, to limit their opening remar
10. to the. facts they in good faith
poet to prove. 1t was improper
detail the particulars of confessi,
nu or to state that one had been ma
oie and thereby bring to the attention
IN the jury matters Drejudicial to the
Ell, PENDANT, unless or until it was [
lat intention to prove them When
al attorney for the State said til
might or might not offer proof of |
confession it was in order for
IL PENDANTS counsel to object and
the the court. on its own motion,
yn1< strike out and restrain aDv alIus