Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1907-09-21
lights
AT LwOGGERHEADS
ATTORNEY DENNIS DISAGREES
WITH JUDGE BREEN IN
DWYER CASE.

-
of the verdict in his court in the case
of Patsy Dryer, charged with MUIR
dering Conductor Williams. Both he
and District Attorney A. j.. Macs
tretti of Lander county object to
statements made by Justice Norcross
in regard to the lines of the prose-
cution, and Judge Breen is very Sc
we're in his structures, according to
the Austin Reveille. Dryer deliber-
ately killed Conductor Williams, and
at the same time wounded a man
named Dyer who was with him.
The defense Of Dwyer was that he
had shot the wrong The re-
trial is granted on the motion for a
change of venue, which was denied
by the lower court. When the order
was issued in Judge Breen's court,
for the change of venue, according
to the paper quoted, District Attor-
ney Maestretti, who conducted the
prosecution, arose and said:
IF it please the court, at this time,
| wish to rise to the question of priv
ilege in relation to a statement made
in the disposition of this case, where
in it was reversed in the Supreme
Court, and that is this: In its de-
cision the Supreme Court has stated
in substance that the theory of the
prosecution in this case was that
Dwyer killed Williams through a
mistake while looking for a man
named O'Brien, with whom the de-
PENDANT had had trouble during the
day over a prostitute.
81 wish to state at this time that
that is absolutely not the fact, furth-
er, that there is nothing in the rec
ords from the first page to the last
which suggests or would warrant the
| Supreme Court in making such a
statement in its decision, and where
anything is shown on that record
upon which the Supreme Court rem
ders such a decision is beyond my
understanding"
Judge Breen then made the follow
ing remarks:
Il highly commend you, Mr.. Dis
trict Attorney, for the steps you have
taken to put yourself right with the
public in a matter SO closely con
nected with your onerous official du.
ties. The statement in the decision
of the Supreme Court which you have
contradicted, / also know to be utter
ly without foundation. You were
alone in the case for the State anC
| say you did not conduct it's prose
cution upon the theory of mistake
nor is there anything in the RECORD
to so indicate.
The Supreme Court, being the tri
bunal under our judicial system t
which has been given, so to say, tn,
last word, that tribunal it seems Il
me, should be exceptionally careful
to make no statement having a ten
dency to unjustly reflect upon or mis-
state the position of any officer
party or witness connected with tn
trial of a ase
so far as it appears to me by tn
ste%nographic record on file, the state
ment in the opinion as written b
Judge Norcross, to which objectio
has been made, like some other assei
tions in the same abnormally strang
! document, is neither fair to you a
prosecuting officer, nor to this court
2 and whether or not it was made fo
5 the purpose of bolstering up a dec
sion, which, to my mind, is neithe
founded on law nor supported b
fact, and is a palpable reversal Of tn
MILAN case, which for forty yeaI
has been the law of this State, on tn
question of change of venue, it wa
highly reprehensible for it's autho.
: or authors, to have made it. | use
the word 're~prehensible, let me sa
as a on-'re
if the court knew what It was doini
'pitiable,' if it did not.
!, THE clerk will spread the +,
marks of District Attorney Maestret
with the remarks by the court in III
h minutes of this days session."
d Former Judge Dennis, who VIZ
s chief counsel for the defense, sal
last night in. reply to the structure
of Judge Breen and the %prosecutir
officer:
a IF the theory of the prosecute
d was not that the killing of William
IS and the wounding of Dyer was |
Ic mistake. and that it was the int.
tion of the defendant to kill O'Brie
with whom he had had an altercatit
d in the early afternoon of that di
over a prostitute, in the saloon
one, Cooper, | do not know why tn
le proved all the facts of that alterc
/ ton, or why they proved the defen
ants declarations to Alice Mil
o about five minutes before the hon
il a;da 10 tba offoef that tho dpfpndd