Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-09-28

Jonn henneSsy killed a man, ana
wounded another. His act was per-
formed in the defense of the life of
his friend. The law is perfectly
| clear on this point. 1t gives the
right to a man to kill in the defense
of his employer. his kith and kin, his
friend. Hennessy vas convicted,
when II he had received a fair trial,
he would have been acquitted. Judge
Breen and a jury tried the case, and
Judge Breen would not permit the in
PRODUCTION of evidence that would
have cleared the man on trial. Judge
O'Brien, then practicinG law, defend
cd Hennessy, and he was ruled
against on point after point. That
Judge Breen was wrong on ruling out
this evidence the Supreme Court de-
cided, and the highest tribunal in the
State gave Hennessy tardy justice by
granting him a new trial, and there
never was a stronger rebuke given to
a Judge on the bench than was given
70 Breen by the higher court.
Never in the history of the State
was a judge overruled on so many
points as was Judge Breen. Had
these points been admitted on the
trial, there could have been but one
result-the aequittal OF John Hen
messy. In the days OF the trial, the
III. w. w. was blooming into a pretty
strong plant in this country and il
looked as ii they might be a strone
political power. What effect this sit
nation might have had on the trial
no one can presume to say, but tht
court room was crowded with the
representatives of the organization
and they were a mighty dictatoria
lot. They demanded the conviction
of Hennessy.
With an the expressed intimida
i, ton, with the judges ruling out thu
principal points of the defense, an'
with his charge TO the jury, the latte
y could find no verdict OF murder. The.
G brought in a compromise verdict
f They found Hennessy guilty of man
q slaughter aud that verdict was give.
with the understanding that the rec
o ommendation of the jury would hay
d weight with the judge. which ordin
+. arily it has. The jury recommends
that the sentence of the court be tn
!, minimum punishment of the law, on
years Imprisonment.
81 Judge Breen "disregarded the rex
concentration Of the Jury absolutel,
% His sentence was five years and eigl
II months in the State ~penitentiary. NJ
II Hennessy's attorney Immediate
.r gave notice OF appeal. The frient
S. of the prisoner also got busy and /
es would have been pardoned long az
" but for the persistency OF JudG
st O'Brien, who was determined thi
o. his client should come out ot II
in case with no stain upon his nam
n. The appeal was a most elabora
il, document, and every point raised
1Mr. O'Brien was granted by the )
meme Court. When the highest Il
az bunal granted the motion for a ne
IT. trial, they virtually set the convict'
Ne man free, for with the points adm.
H. ted that had been ruled out by Bree
o. no Jury in the world would have do
anything but found a verdict for q
lst Quittal.
ell It was Monday night that Mr.. He
rs. ~nessy's moment of triumph can
le. Judge O'Brien was disqualified fro
as sitting on the case, and Judge la
WIS gan came over from Goldfeld 10
in his stead. as he had done once
fore to admit Mr.. Hennessy to BIZ
he The proceedings We're short.
ing court room was filed with
ok friends of Mr.. Hennessy. who wol
have raised on a previous oecasi