Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-06-08
Decision in the
AHenneSSy Case

George, ana asked: Ahtone' Mndt
This man, (pointing to Nv. Elftman,
who was evidently his employer, ne
says ! am getting five dollars a day.
don't work for less than the union
scale. He replied, George, | ain,t work
ing for less than the union scale; am
not a scab.' l replied, Very well, An
tone, but don't do it, or you will make
a scab of yourself. and we have to
treat you as one. With that | turned
to leave. Elftman in the meantime was
standing perhaps W. PAGES from me.
a little TO my left, and Ganahl also at
my left. forming a sort OF an angie,
the three of us, with Bosse again 10
the right. 1 turned to my right, In
tending to go back to work. Elftman
called, saying (my back at this time
wal turned to all present) say, what
do you mean when you say you would
treat a man like a scab?' in a very ir-
ritable. angry voice. replled tnat
when a man is treated like a scab ms
name is posted in all the UPTON camps
of the ountry as a man who would
work for less than union wages, n
he Is thereby embarrassed in the way
of securing work. socially and other
wise He then says IN a mnch NOR n
ton of a scab?' / replied that my deh-
milton of a scab was that he was the
dirtiest son-of-a- that lived, ne
union man a dirtier son-of-a" than
a scab, at the same time advancing
towards me, n raising his le1t hand
as though to strike, and his right hand
toward his right hip. The next l saw
was Ganahl seizing his hands, he
seized Elftman's right hand with ms
left, and Elftman's left hand with ms
right, and was directly between me and
Eiftman. The next 1 saw was Hennes-
sy with a pistol at Ganahis back, and
then heard the shot. Elftman stepped
back, n Ganahl fell forward to the
ground. l turned toward Hennessy and
two shots were fired. The next | knew
/ was holding my hand, my nat was
off my lea and | was holding my hand
with the left. When | saw Mr.. Hen
messy still with the SUI In his hand
pointing towards myself and Mr.. ran
cher, he advanced closer to me thar
he was at the time Of the SHOOTING;
Max Elftman, a witness for the de
PENDANT. testified relative to the diff
icuity as follows:
Hennessy, Antoine, the man that was
working for me, and myself, were pres
emit, Antoine Bose. We three We're
upon the Elftman lease. Three men
came up there. l didn't know at the
time who they were but ] afterwards
learned that 1t was a man by the mans
of Fancher, and Cole and Ganahl. Ga.
nahl came up first. and then Cole ans
then Fancher. None of them spoke t.
me or Mr.. Hennessy. Mr.. Cole spoke Il
the Italian. When they came up Their
| the llallan was throwing OUT 81 VI
shaft, standing on the edge of 1t. COLI
asked the Italian what wages he wa
getting. He replied, hye dollars a day.
Cole said, You want to be God damne'
sure that you are. or we VIII treat .yol
as a scab and run o out OF camp. II
that the Italian replied, i am settlnt
five dollars a day. Then | a~ttracte'
Coles attention by asking him what n
meant by treating a man as a scan
and Cole said he would be blackliste'
throughout the United States, so tina
! he wouldn't he able to get any worl
? anywhere. At the time he was talkinl
his left hand was clinched, n he wa
very angry looking lin the face, a
Ganahl came up he seemed TO ne grit
J ting his teeth, and had his hand
clenched. Fancher was standing wit
his right hand near his right MI
pocket. When ] asked Cole what h
meant by treating aman as a scab, h
replied that he woul be blackliste
throughout the United States. aske
. him for his definition of a scab. He sal
l a seal Is the dirtiest son-of-a"
! on earth. | said some of YOU so-ealle
: union men are the same. While | wa
l saying hat Cole advanced towards m
! and struck me. | warded off the blo'
, and kept on backing up, and Canal
! caught me around the back. | wa
e backing up because / was afraid Col
! would throw me in the hole. While
: was backing up Ganahl had hold {
me. When Ganahl had hold of me Col
= was striking at me. He was hittin
l me. Then Hennessy said, Keep back
II Then the shots We're fired. | was NJ
q armed at the time. | did not put m
{ hand up to my hip pocket when Co.
was talking to me, or at any time viii
= they were there. | had a gun on II
= ground, in my coat pocket. My co;
Q was about 20 feet south from the no
y lying on some timbers | had no gu
= in my possession"
There were other witnesses on Il
= part of the state eorroborating the tie
timony given by the witness Cole, an
e ! Ill anrtga aNlnr xKTffnaGCa0 Tnnn tho ma
OF the ~fenda corrobOrating that
:, the witness Elftman. The importa
"a point of difference between the tie
"a timony of the witnesses for the defen
le and those for the state, excepting Il
. witness Antoine Bosse. was as to Il
y question whether the assault was fir
=, made by or upon Max Elftman. a que
=, tion which Will hereafter be considers
e with reference to certain assignment
y, of error.
e The bill of exceptions in this ca
: contains one hundred and twelve a
!, signments of error, only a few of whii
we deem necessary to specifically co
=. slider at this time.
A The Juror StensOn.
l. Counsel for appellant very fore
err bly, contends that the court erred in t
as denial of defendants challenge to t
nd juror Roger Stenson for implied biz
Counsel for the state, however, argu
al that even IL 1t be conceded that the e
Of animation of this juror showed h
he to have been disqualified, appellant G
II not avail himself OF the error for t
reason that his challenge was insut
e. Client in matter of form in that 1t Z
not specify the particular ground
ne implied bias upon which the challen
adj was based, and. secondly, because t
a. defendant consented to have the juT
ne Stenson sworn in to try the case VIII
he yet had two peremptory challeng
tn uneXhausted, although all such CHI;
al. lenges were used before the jury W
er finally secured. Upon the view we ia
It's of this case, a reversal of the order a
as judgment is required upon other
al signments of error, and as the questi
presented relative to the challenge
an the Juror Stenson are not likely to ar
upon a retrial of the case, we deem
unnecessary at this time to determI
them.
I'M Dying Declaration.
he 2. The court admitted, over defer
nd ants objection, as a dying declarati
he an oral statement made by Ganahl
he few minutes after the shooting. t
nd is assigned an error on the grou
IRE that the proper foundation for its
i'm mission had not been laid, 1t v
i'll, shown by the testimony that the bul
RS which killed Ganahl struck him In
he back below the left shoulder blade
are passed nearly through his body.
no fell face downward and was unable
he rise or turn over A humble of p
ad sons quickly gathered around him 6
mt to them he said: Boys, l am morta
nd wounded. l am all In. Turn me o
ne and | will tell you how IL happene
re- These were the only expressions of
deceased indicating a belief on his y
an l that bp was in pxtrpmiG. that he Y