The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-07-30
PECK ACQUITTED
ON FIRST BALLOT
WAS NO EVIDENCE CONNECTING
AGED MAN WITH CHARGE
AGAINST HIM.
TWO JURORS FINED FOR CONTEMPT
Attorneys and Court Clash and Trial
Was Rather Warm
Affair.

Affair.
The jury in the case of William
Peck, accused of having stolen 50
from A. S. Platt while the two were
seated at a faro table, was out just
three minutes yesterday afternoon,
when il returned with a verdict of
not guilty. There was no evidence
connecting the defendant with the
crime further than he was seated
alongside Plat and that so were
found in his trouser leg and $3.50
under the sweat band of his hat.
The case was a lively one, Attor-
ney Zurich having conducted the
prosecution in the absence of Dis
trict Attorney Eddy, and Attorneys
Peck. Bench warrants were issued
for two of the jurors and also for
Platt. The jurors We're o. II. Paul
son and Sam Bloom and they failed
| to appear when the case was taken
up during the morning. Attorney
Zurich asked that bench warrants be
issued and the jurymen brought into
court Constable Gilbert located the
| IVY u iei Jtioio uSiitC Sui
wright fined each SIS. Attorney
Reeves explained to the court when
! the case was resumed during the af-
ternoon that according to his watch
it was not l O'Clock when he
entered the court house. The prose-
cutting witness said he went by At
torney Reeves chronometer, so
neither party was fined.
Nina iIrnrc cplnntnd ItIrin ~
the forenoon and Attorney Devecmon
stated during the afternoon session
that the defense was ready to pro-
coed with the case with that number
of jurors. This was agreeable to the
| prosecution, so the taking of evil
dence was commenced
Mr.. Platt was first called to the
i stand. He stated he was engaged in
playing bank at the Capitol saloon
last Friday night when the defend
ant entered the place. He didn' t
know whether Peck was playing or
i not, but he was aware that he had
about $500 in his pockets, some of
the money being in silver, which he
placed in his outside coat pockets.
The witness testified that he thought
he felt some one touch his pocket.
| He was not certain whether any
money was taken, however. He
found his money missing and some
one said that Peck had taken it. An
officer was then summoned and Peck
was taken to jail.
Upon being cross examined the
witness stated he had been in Ely
about week and that he was under
the influence of liquor when the
trouble occurred. He could not
swear whether the defendant had
taken his money or not.
Constable Gilbert was called to
the stand next and he stated he was
summoned to the saloon by one of
the managers. He placed Peck I'M
der arrest, but the prisoner offered
resistance and objected to being
searched. The officer found so in
silver in Peck trouser leg and af-
ter he reached the court house he
found $50 under the sweat band
of the prisoners hat.
''To whom did the 50 belong?"
asked Attorney Reeves.
81 don't know answered the
witness.
''He knows nothing about the acts
of the defendant, said Attorney
Reeves, g and | move that the evil
dence he gave be stricken out
ATTORNEY Zurich argued against
the motion and the court ruled with
the prosecution.
I'D like the court to try and be
fair with us today" said Reeves.
I'VE resist the insinuation against
the court" urged Zurich, "and We
ask that the attorney be sentenced
for contempt of court.
Matters Quilted down again and
Attorney Devecmon took hand He
stated that he had very important
motion to make-that of non-suit.
The attorney took the position that
no evidence had been produced that
in any way connected the defendant
with the case and that for that rea-
sun ne nloVeu iion-suit.
INN. I'm N, mere - s''Iilcieht eVl7
uen,e III .ne Ease " 80 W .he jur!
81 .mo ilo :, III. AZ. ~, non-s"'1 WIN ne
o'orI uleu, saiu me court
tornev Zurich boy;po evnIo;nod no.
tbe main witnees had dieonnoorod
He aIIooad that tbie witnoss Ma Coo,
tbe defendant take tho monay
The nrosecution nlaced tho defend
ant on tho stand md nod Nh, IN
his story of the affair. He said that
he had been in Ely ONLY "a hours
when the trouble occurred.
..I Loot fo,, hate. ha ,,;d "aus