Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1907-09-24

fair to involve the peoples money.
He moved for the dismissal on the
grounds that the jury which had
brought the verdict against Hen
messy had petitioned the board of
pardons for his pardon; also that his
predecessor, who had prosecuted the
case, had sent strong petition to the
same effect. Then Mr.. McCarran gave
his own reasons for asking for the
dismissal, which were embodied in
the following:
May it please the court, John |
Hennessy, the defendant in'this case,
was indicted by the Grand Jury of
Nye county, Nevada, for the crime of |
murder, for having taken the life of |
one Frank Ganahl, at Clifford, Nye
jury of his peers. and after long
deliberation that jury rendered ver-
dict of manslaughter, at the same
time presenting to the judge of this |
court communication in which they
earnestly requested him to infict
only the lightest penalty known to
the law. The Judge of this court saw
fit to disregard the communication of
the Jury and imposed a sentence OF
FIVE years and eight months. The
defendant was taken to the peniten-
tiary in accordance with the judg-
ment of this honorable court and
there incarcerated for nearly thirteen
months. 4
''Tn the meantime the case was
taken by appeal to the Supreme
Court and that tribunal handed down
a decision reversing the Judgment OF
the trial court and granting a new
trial to the defendant. After the de-
fendant had been sentenced and be-
fore the Supreme Court had con-
sidered the case, petition was vol
unfairly signed by the twelve men
constituting the trial jury, said petit
ton being directed to the Board OF
Pardons of this State and requesting
the Immediate pardon and release of
the said John Hennessy. The said
petition as made and signed, is here
by afixed to this instrument and I
ask that the same be filed here
with.
"Mr. w. B. Pittman, then district
attorney of Nye county, Nevada, who
had earnestly prosecuted the case in
this court, saw fit to address COM
munication to the Board Of Pardon
and his original letter over his sigma
ture beg leave to afix hereto and
make part hereof.
! THE foreman of the Grand Jury
who investigated the case and
brought the indictment, saw fit to
join with the trial jury in its petit
ton to the Board OF Pardons, and his
name, to wit, T. f. Bell. will be
J found affixed to the petition thus
presented to that honorable board.
Now may it please the court, in
view of the fact that the defendant
: has served that sentence which the
: trial jury said he should serve, and
! in view of the further fact that my
predecessor, Mr. Pittman, saw fit to
address the Board of Pardons for
the release of Hennessy, and in view
of the decision OF the Supreme Court
of this State in reviewing this case.
wherein it declared that the trial
Judge had erred iif excluding certain
evidence of threats, and in view Of
the further fact that the witnesses
for the State in this case are more or
less scattered. believe it in justice
to my office, and to the fulflllment OF
my oath and for the best interests OF
the State and the defendant that this
case be dismissed, and the defendant
be discharged and his bondsmen ex-
onerated.
I'm moving the dismissal of this
. case, in no wise wish to express
myself in reference to my belief as
to the guilt or innocence of the de-
4 PENDANT. 1t is not within my prov
ince. 4 jury of twelve good men
} and true tried this case, and found
!, the defendant guilty of manslaugh-
; ter only after hours and hours of de-
liberation. Their verdict was only