The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1906-11-17
WILLIAMS AND TIPpIE HELD
Tippie Later Released by Judge
Breen ON Hearing of Writ
of Habeas Corpus

charged with grand larceny, was begun
on Nov. s aud conducted by Justice l.
w. Cromer behind closed doors, a.
noticed in the SENTINEL of last week
The hearing was not finished until
Nov. ~. Not having recess to tn,
court room. nor as yet having been al
lowed to examine the written testi
mony. we are unable to report the cast
in full. The following is as full an &C
count of the proceedings in the Justice
Court as the SENTINEL has been able tc
obtain.
The charge against the defendants
it will be remembered, is for the lar
ceny of certain horses and mules be
longing to John Elera. better known
as Water Canyon Johnny, which stocl
bore the brand ~" on the right hip
and five of which were alleged to have
been found in the actual possession Of
defendant. Williams. by Deputy Sheriff
Tom Dixon n San Francisco about q
month ago. Dixon also testified thai
Williams claimed to be the owner oil
the stock.
The witnesses for the prosecution
were John Edera, Henry MCGOWAN
and Deputy Sheriff Tom Dixon.
MIR. Edera's testimony showed that
he was the owner of 81 head of horses
branded with the letter u" on the
right hip. and running on the range in
the southern part of Antelope Valley.
He last saw them about the Goth of
July. but did not miss them until the
20th of September.
Mr.. McGowan's testimony showed
that he had been employed by Williams
and Tippie. They got horses at Snow
ball and at Moody Springs in Nye
County, but he did not know whether
or not there were any horses bearing
the -" brand among those gotten in
Antelope Valley. The horses were
corrallsd in Antelope Valley aud then
driven to Diamond Station for ship.
ment.
The prosecution endeavored to estab-
lish the existence of a partnership re.
lation between Williams and Tippie,
but all that could be gotten from this
witness was to the effect that both
these men directed his work and zap.
peared to be bossing the job"
Deputy Sheriff Dixon testified to hav.
ing been sent from Eureka to follow the
horses on Sept. 20, and hat he found
five horses bearing the Eiera brand in
the acknowledged possession of Will
Jams in a corral in San Francisco.
Williams exhibited a bill of sale from
his mother. Mrs. j. Tognoni. wherein
she sold horses branded ~" on the
right thigh, to him.
This was the only evidence introduce
ed by the defense.
Judge Cromer bound both defendant.
over to answer before the Grand Jury
and fixed their bail bonds at the sum OF
$1,000 each.
f1ooeds corpus fT~oceedtngs
In the District Court in Eureka last
Monday, Judge Peter Breen presiding,
u writ of habeas corpus was brought be-
fore the Court upon the holding of
Charles Williams and Z. l.. Tippie by
Judge L. w. Cromer of the Justice
Court upon a charge of grand larceny.
IL K. Mitchell, attorney for the de.
PENDANTS, filed the writ on behalf of his
clients. alleging that they were illegally
restrained of their liberty without
reasonable or probable cause; that is,
that no evidence was introduced before
the committing magistrate to show that
an offense had been committed by the
defendants, or either of them. Judge
Breen made the writ r~eturnable at 3 p.
m. of the same day.
At the hearing Mr.. Mitchell read all
of the testimony given at the prelim-
mary examination, which he considered
bearing upon the question at issue. and
strenuously argued in favor Of his pc.
sition.
The District Attorney replied in be-
half Of the prosecution.
The Judge. taking the papers and
exhibits of the preliminary hearing with
him. said he would look over the evil
dence aud lot his decision the
following morning at IL o'clock.
AT the hour set for his decision Judge
Breen aked the Districts Attorney upon
what part of the evidence given at the
preliminary examination he relied for
holding the defendant, Tippie, and
was answered upon that of the witness,
MCGOWAN. The Judge said he had
carefully read over the evidence, and
that in his Judgment the testimony
Of MCGOWAN was positively and point
blank against the contention Of the
prosecution and in Tippie's favor; that
so far as he. the Judge. could see. there
was a total lack of evidence, and there
fore of probable cause for holding
Tippie before the Grand Jury. aud
forthwith made an order discharging
the defendant from custody.
The Judge then said the case was
different as to Williams, aud recited
o,I oo,ou,anta1 ~ lanufk un0n tho