The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-01-04
VIM. WHALEN GETS new TRlA
Rehearing Granted BY Supreme
Court After Superior Court
Had Been Sustained

William Whalen, the well known
mining man of this county. who was
convicted in the Superior Court at Sac
ramento of obtaining money under
false ~pretenses and sentenced in Sep
tember, 1907. to ten years in the San
Quentin State prison, was granseo q
new trial on December 10 last by the
California Supreme Court.
The Sacramento Union. which is IA
miliar with the facts OF the case as
brought out at the trial in that city that
resulted in whslen's conviction, says:
Whalen, it will be remembered. was
pAromoting a mining venture near Enrs-
ka I'm Eastern Nevada three s.ooh
~ 49, .sy W dispose OF stock
a. his mining property to further pro-
mo.a a sevelopment. as he said. Here ne
.o,d ate sck to a number Of people. among
.h.m several women. He made repre-.
..r,ations to them which it is claimed
ware false, and doceitful regarding the
mines. the Gre veins in sight. the value
Of the weld OF ore taken out, etc., on
which representations, alleged to DO
false and fraudulent. the parties paid
Whalen certain money.
Four inforuaticns FOR the crime were
prssented against Whalen, and in Sep
TENDER, 1907, he was brought to trial be.
fore Superior Judge Hart and a jury
aud was convicted. the trial being long
and elaborate, and the charges being
hotly contested inch by inch. A. NJ.
Seymour. district attorney. and .. r.
Hughes, deputy district attorney, APP
peared for the people, and E. s. Wach.
horst, H. O. Ross and s. r. Hart for
the defendant. The three remaining
informations against Whalen were dis.
missed, and the defendant vas sentenc.
ed to ten years Imprisonment in the
State prison. his motion for a new trial
being denied.
Many exceptions were saved by de-
PENDANT to the rulings of Judge Gaddis.
and on these a motion for a new trial
vas made and denied. An appeal was
taken to the Court Of Appeal, which af.
firmed the judgment of the court be-
low. DEFENDANTS counsel then applied
TO the Supreme Court for a rehearing,
and the news is that it has been grant.
ed, which means that the argument on
she original exceptions will now be made
before the supreme bench.
This indicates that the final tribunal
has considered some point of error taken
to be Of such importance as to deserve
examination by the highest court. Just
what this may be is not now known,
but it is thought that it may be that in
which defense held that there was no
proof that money had been paid to de.
PENDANT for the stock ON which sale Of
the particular case in hand was based.
1t was shown by the prosecution that
the prosecuting witness had paid Whal.
en- a given sum for the stock, said to
have been fraudulently disposed of. but
on cross.examination of that witness it
developed that the payment was by a
check drawn on New York, and it is
claimed that no proof was made that
the check was eve paid. This was one /;
Of the more important issues upon
which defendant based his appeal, but
there were others which defendants at
korpavs hold m ha vital
1t was the Whalen case which it was .
noted some weeks ago cost the county
90 large a bill for printing the transcript.
II was the same case in which the
county expended a very considerable
sum under advice of the district attorney
to send experts and county agents to the
Eastern Nevada mines to examine the
Whalen property and ascertain the true
values of the same aud to inspect it,
with a view to ascertaining if defend.
ant had misrepresented to the prose-
cutting witnesses.
Whalen was arrested in Eastern Ne
yada by Sheriff Reese, now nearly two
years ago. and has ever since been in
the county Jail Of this county. He has
persisted from the outset that he would
not be sent to the State prison, the
mans confidence in that assertion being
such as to make him an object Of cur.
ious interest.