Daily independent. [volume] (Elko, Nev.) 188?-1915, 1908-06-05
Done In the Performance Of Duty


summoned the following jury to inquire
into the death of the Mexican who
died while being taken to the county
hospital: w. w. Booher, r. H. Mallett,
s. G. Shirley, A. w. ;Hesson, Ut.
Wright, G. E. Mayer, J. NJ Taber,
Robert Hunter, W. T. Smith, George
B. Russell. The jury met at the
undertaking parlors at 4:3O o'clock,
viewed the body and ordered an
autopsy made by Drs. Eby and West,
and then adjourned to 7:3O o'clock.
At the night session, which lasted
until nearly II o'clock, several witness
were examined, among them being
Drs. Eby and West, Miss McMullen,
Mr.. and Mrs. John Hunter, DIR. Nc
Dowell and others. Drs. Eby and West
testified that the mans skull was frac-
tured by bolw from some heavy instru-
ment and that he died from the effects
of that blow. Miss McMulNAn testified
that she saw the deputy constable strike
the man with his pistol. DR.. Mcdowell
and others testified to seeing parts of
the difficulty, but did not see the blow
struck. Jack Simons testified that he
was with the officer when the arrests
were made and that he assisted by tax
ing charge of one of the men. The man
in his charge went along quietly, but
the man Officer Cotant had resisted ar
rest aud fought all the way from the
railroad track along Sixth street to the
foot of the steps leading up to the court
house. Here the Mexican refused to go
into the Jail and backed down the street
nearly to the Episcopal church, with the
officer close to him and attempting to
catch him. The Mexican was too quick
for the officer and he was unable to catch
him. Officer Cotant finally drew his
gun and struck the man, but did not
knock him down. The man then start
ed to run and stumbled and fell and the
ed in jail
After several other witnesses were
examined, the jury adjourned until 8
o'clock this morning.
was represented by Attorneys Taber
and Gedney. Several more witnesses
were examined, but nothing new was
developed. Officer Cotant told the story
of the attempted arrest of the Mexican
substantially as above. Also that he
tried to reason with the man and had
repeatedly asked him to go along peace
ably, and that it appeared to him that
the man was trying all the time to
strike him.
That he was about tired out from his
effort to take the man without injuring
him and that when he struck him it
seemed to him that he either had to do
it or let him go.
After the evidence of one or two other
witnesses that added nothing new, the
matter was submitted to the jury.
After short elaboration the jury
found that the deceased was Mexican
about % years of age, name unknown,
and that he came to his death from the
effects of blow with a pistol in the
hands Of Deputy Constable George w.
Cotant, administered while the officer
was attempting to arrest him and while
he was resisting the officer and the blow
was struck by Officer Cotant in the per-
Torrance of his duty.
The practice of beating men over the
head with pistols by the officers was
severely censured by several of the jury
men and the jury recommended that
the officers provide themselves with
leather billies for use instead of using
their pistols as clubs.
The facts leading up to the attempted
arrest Of this man were substantially
correct as stated yesterday,
The verdict of the jury, so far as we
have heard any expression, meets with
approval.