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

OF manslaughter, and has been con-
fined for the past year in Carson, has
been granted a new trial by the SUI
preme court. Hennessy shot and
killed Frank Ganahl and wounded
George Cole at Clifford ver a year
ago, and his defense was that his act
was committed in the protection of
the property Of a friend, for whom
he was in charge.
He was defended by Judge j. F.
O'Brien, who had been in Tonopah
only a short time. This was the first
case that Judge O'Brien tried in the
county, and he was certain of getting
an acquittal. Judge Breen, before
whom the case was tried, overruled
the defense on nearly every import
ant point that was raised, Mr..
O'Brien taking exception. The court
refused to permit the Introduction OF
the history Of the case, which led up
to the shooting. This embraced the
organization of a miners union at
clifford by Cole.
The decision of the supreme court
is a most sweeping reversal of the
rulings of Judge Breen. Every ex-
ception noted by Mr.. O'Brien is sus-
tanned. Every instruction suggest
ed by the defense to the judge to be
included in his instructions to the
jury, that was barred by Breen is
permitted by the supreme court. In
fact there never has been a criminal
case in the state where, judgment
has been reversed on so many
grounds. Under the decision of the
supreme court, Hennessy can never
again be tried for murder. Man
slaughter would be the highest crime
for which trial could be had, and this
being a bailable offense, he will be a
liberty in a few days.
A movement was started som'
time ago to secur a pardon TO
Hennessy, the entire jury having
signed a petition to that effect. w
b. Pittman, who as district attorney
prosecuted the case, has also ad
dressed a letter to the board of par
dons.
Following is the full text of tn
decision of the supreme court, whicl
is one of the most remarkable tina
was ever handed down by the chic
tribunal of this state.
IN THE SUPREME COURT OF TIL
STATE OF NEVADA.
The State OF Nevada, respondent, V
John II. Hennessy, appellant.
BY the Court, Norcross, j,
The appellant was convicted of mar
slaughter in he Third Judicial Dis
trict court in and for the county {
Nye under an Indictment charging hi
with the crime of numbering one Fran
Ganahl on or about the 27th day
January. 1906. at the town of CliffoT
in said county, and upon such convlt
tion was sentenced to serve a teri
of five years and nine months in Il
state prison. From the Judgment {
conviction and form an order denyin
his motion for a new trial the do
PENDANT has appealed. Upon the trii
the defendant admitted the killing
Ganahl, but set up as a justifcatic
therefor that 1T was done in the d.
Tense of his own person and that of OF
Max Elftman.
In order to better understand son
of the assignments of error hereinaft'
considered it will be advantageous
refer to certain facts disclosed by II
testimony and, also, to quote eNtrac
from the testimony Of certain wi
nesses for the state and on behalf
the defendant describing the imm
date facts and circumstances of Z
killing.
II ppear from the testimony tn
shortly prior to the killing of Cana
an association of miners was effect
for the purpose of establishing a sea
of wages for the district, which ass
citation was local in It's nature n \
of Miners. OF this association o
George A. Cole was made the presidil
officer. The evidence discloses tn
there was considerable friction in I
district growing out of this organ
zation. The relationship existing /
tween defendant Hennessy, Max Ell
man. upon whose lease the killing G
Cured. and certain of their frien
upon the one hand, and George
Cole, Frank Ganahl. the deceased, a
certain of their friends upon the 9th
is testified to by certain witnesses
being, at the time of the killing a
prior thereto, anything put friend
There is testimony to the effect II
at the time of the or~ganization
~ 0llNAAN ~ ny 1850 ~
defendant was not notified of the met
ing and a purpose manifested by 90
Ganahl and others TO exclude the {
PENDANT therefrom, although defer
ant testified that he was at the III
and for many years prior thereto h
been, a member of the Western FEEDER
ton of Miners. One witness for |
defendant testified TO Il number
threats of personal violence and des
having been made by Frank Cana
George Cole and one Walter j. Fancl
against the defendant. which three
were communicated to him, There v
also testimony OF threats OF persol
violence having been made by the sa
parties against n Antoine Bosse,
Italian employee of Max Elftman, "
was suspected of working for less II
the, established scale.
A witness by the name OF john Ca
testified that upon the morning of
killing he notified the defendant {
several others, whom he testified
thought were peaceful citizens. that
had heard Ganahl, Cole, Fancher I
two others talking Of going to wh
the Italian was working and doing J
some violence; that the witness ca
the defendant and two or three oth
went over to where II was expected
trouble would occur. but arrived IN
before the other parties. OF those '
went TO the Elftman lease with
witness Cahil, IL appears that all !
left the ground excepting the DEFEND
before the arrival OF Cole. Ganahl
Fanchor, who appeared upon the SC
about the hour of 10 o'clock in the 10
noon.