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

WEEKL
and circumstances. 1t was the duty of
the trial court to determine from all
the facts and circumstances disclosed
whether or not a proper had
been shown to admit the statement as
a dying declaration. From the facts
disclosed we cannot say the trial court
erred in this particular.
Exclusion of Testimony.
g. A witness, Joseph Van Mohr, tes-
titled that on behalf of the defendant
Ganahl, Cole, Fancher, Ganahl and one
Alex. Whitman were in his tent ana
that he then heard a conversation,
which he detailed, in reply to, the ques-
ton, What was said by those par
ties present at that time?' as follows;,
Il couldn't tell you just that mueh
because generally did not Join IN th r
low tones and / am Hard of hearing,
and generally took a magazine and was
reading al evening. heard they were
his bunk Was on the west side
of the tent and l heard them hollo
Cole told him to go down and get a
bottle of whisky on his own credit.
| All ! could lei was to XIII that SON
of-a-- of a Dago over there, and l
once asked which Dago is that you
you know the man that killed his
horses going out to Manhattan. !
didn't know his name. Through the
paper | saw his name was Antoine
II knew there was going to be trou-
BILE. On the evening, even during the
daytime, l heard 1t said that this ltal-
ian got to be prevented from going to
work in that camp, otherwise If that
son-of-a- goes to work, then we
can all take our grip and get out OF
4 NJ. NV ~ nBnNF than N
this Italian got to be prevented from
going to work by all means.
THE Italian they referrede TO that
night is the same Italian that was righl
here in court, and is around he court
and is around the court house now. ]
can point him out now. know ms
name Is Antoine Bosse.
We'll, they passed out, Cole n ran
cher and Ganahl passed out and Alex
Whitman stayed in the tent.
Mr.. Ganahl came back to thec CABIN thal
night about 10 o'clock. Ganahl comes
right in the front of the tent and ht
called Alex. Whitman, and Ganahl said
Here, Alex, is another bottle of whis'
ky and that powder at Elftman's house
got to go off tonight"
The record shows that after the fore
going testimony the following ques,
lions, answers, objections, rulings ant
exceptions transpired with reference t.
the testimony of this witness:
Q-What powder did he mean2
A-There was about fifteen boxes o
powder stored under Elftman's house.
Mr.. Pittman-We make the same OBJ
lection. 1t has nothing to do with tn
case at all, as to the powder unde
Elftman's house, or that they brough
him a bottle of whisky. We don't car
If they brought back a hundred.
The Capitalization sustained.
Mr.. O'Brien-EXception.
Q-What did Frank Ganahl tell AleS
Whitman to do on the night of Jan
nary 20, 1906, if anything?
3 Mr. Diffman-Tf the Pnnrt nlgaSe.
: object to that question as being imma
terial, incompetent and ~irrelevant wha
! Ganahl told him to do. That II is I'm
, material what Ganahl tolc him to q
D and it does not tend to prove or dis
E prove any of the issues in this case
5 bottle of whisky, and | want you TO 9
down tonight and blow that powder U
I and blow that Dutch son-of-a-bitch I
hell for hiring that scab.f
0 Q-Whom did he mean, do you Know
MI. Pittman-I ask nov that tina
question be stricken out when he say
e that he should blow that Dutch son-oi
. a to hell. In the first place "
Q don't know who the Dutch son-of-t
t - is, n in the second place it doc
K not tend to prove or disprove IN II
Z sue in this case, and it is simply .askt
: to prejudice the jury, and 1t is irrel
5 want and incompetent.
! The Court sustain the ob1ectio
The answer is stricken out.
II Mr.. O'Brien-We reserve an excel
? ton to the courts ruling.
e Mr.. Pittman-I object to the questiC
also, and move that it be stricken OF
q The court permitted the questiC
q for he purpose of determining wheth
d or not 1t was a Legitimate question.
: did not know, of course, what u
d answer given by the witness would b
| don't believe the question is a prop
one and the question Is ruled out
Y Mr.. O'Brien-Exception to the cour'
IL ru1fnR
is Witness, continuing remember 4
killing Of Frank Ganahl ! heard q
shots; | saw Mr.; Hepnessy on q
lie year before the shooting of FraI
g GanahL | had a talk with him. | to
him what had occurred the night beto
Q&What did you tell Mr.. Hennes
occurred the night before the shoe
lie ing2
at please. / object to his answering I
lie question on the ground that 1t is II
IN material, irrelevant and incompetel
does not tend to prove or disprove a
le issues In this case what he told him,
s. The Court-As l understand 1t, the
q, was nothing said against Mr.. He
TT messy in the cabin that night, so I
o. as the evidence shows, in the presen
s. | am not, / want to be set right; 1t W
Sc about Mr.. Elftman. a Dutch son-of-
he -. and that kind of thing. ! do
ne remember anything being SAID aRalI
st Mr.. Hennessy; therefore | do not thi
s. it would be proper to permit this W
ness to answer the question.
is Mr.. O'Brien-If the court please, IT
material and important for this reas'
Sc AS stated in my opening statement
$ the jury, and here yesterday to
court, we expect to prove as "a mat
n of our defense that a conspiracy v
entered into to commit various acts
violence by Ganah1. Cole, Fancher a
others, and that there had been
great deal of trouble, and during I
he trouble tina they had made tire
as. against Elftman, and they had ms
les threats against Hennessy, and wi
x they came up there on the morning
inn January 2Tth, Hennessy believed Il
came up there for the purpose of G.
he rying out their threats, and some g
H. spiracy which had been hatchcd
id night before, of which he had been
of praised that morning, and when
acted, he acted under the belief q
his own life was in danger, and q
or Max Elftman's life was in dang
lie whose life he had q right to defend,
res fact, there had enough occurred to J
al tify the fears of any reasonable ma
fas The Court-The objection is =
Ike tanned.
nd Q-Did you at any time hear Fra
as Ganahl, or George Cole, or Walter II
on cher make any threats against
of Hennessy?
Use A-No, sir.
IL The rulings of the court above quo
inc have been assigned as error, but
fore proceeding to consider these
signments, we will refer to another