The Pioche weekly record. [volume] (Pioche, Nev.) 1906-1908, 1906-11-02

In the Justice Court at Caliente
Thursday before Judge Maynard,
sitting as a magistrate the case
of c. w. Garrison, charged with
criminal libel came up for pre-
liminary hearing. DIR. Murray
was the complainant and District
Attorney Chas. L. Horsey ap-
peared for the prosecution. Hon.
Thos. ]. Osborne appeared for
the defendant. The court OPEN
ed at 1.30 when jury trial was
demanded on the ground that the
offence charged was a misdene-
NOR and not a felony which was
over ruled. Several points
of law were discussed pro and
con every one of which were
over ruled by the Court. 1t was
held that the court had no juris-
diction, hence no evidence was
introduced by defendent. Muir
ray took the stand and was the
only witness introduced on either
side. He merely stated his name
and that he was the plaintiff
then introduced a copy of the
RECORD containing the objection
able article, and that made up
the States case.
His testimony summed up
amounts to this: That on the 18th
day of October the Pioche Weekly
Record published a certain article
which criticised and reflected up
on Murray's political action at
the Las Vegas Republican con-
vention held in September. In
the complaint several serious and
semi-vague charges were made,
one of which was his character
had been injured, but not one
cintilla of evidence was introduc-
ed to show that he even had a
character. Murray did not even
testify to this himself; he did not
deny he was the leader of the
tenderloin element, yet
Judge Maynard held Garrison in
bends to appear before the
Grand Jury. 1t was poiisccaa poisca o,lt ollt
plainly and specifically by Mr..
Osborne the error of the court,
that before any one can be in
jured he must show that he has
a character, that his allegations
as to morality, honesty and virtue
must be established, but Maynard
could not see it that way.
However, he expressed
himself on the streets prior
to calling the court essentially as
having it in for the Pioche crowd
and of course his action was con-
templated.
The case was vigorously prose-
cuted by District Attorney
Horsey, using unusual vigilance
and effort assuming the serious
ness of the case as to justify the
suspicion that there might be
some personal feeling prevalent
and that he was arraigning him
self with the Murray crowd. This
suspicion was intensified by his
association of that gang to the
exclusion of his Phoebe friends,
his selishness in 'hurriedly dis
posing of the case and his abso-
lutte disregard for the ex-
pense and inconvenience Of
defendant. District Attorney
Horsey has been treated with
every courtesy in this case, two
trips having been made to
Caliente by private expense of
defendant and friends contratery
to legal requirements to facilitate
his campaign interests. By
telephone in inducing the ap-
pearance of the RECORD people
without process of law orwarrant
we were assured by Horsey
that the case did not amount to
anything and would be disposed
of in Caliente. After a hurried
appearance consuming an all
night trip the case was set for
the following Tuesday. With
out the consent of the defendant
and his convenience in securing
an attorney and witnesses the
case was put off till Thursday
being wired to that effect the
last moment. Horsey's earnest
effort in arguing that the Court
had no jurisdiction was contrary
to every prior act of this in the