The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-05-27
RICHARD is ACQUITTED
COURT CONDEMNS GUN MEN

cash in Riekafd stated he and Bell
were told that they would have to go
to the Office to get their money. He
asked Bell to go in and get the money
for both because he was afraid there
would be trouble if he went into the
Office alone with Mcmahon. He had
invited everyone around to have a
drink. among them being Mcmahon,
who had curtly refused. Bell came
out In Short time and told him that
Mcmahon would pay him the money
if he would come into the office. He
went in and asked Mcmahon for the
money Mcmahon told him he had
S45 for him and woufd give him no
more as he owed the house a tab
for 500. This he refused to take
and again asked for his money. Me
Mahon applying epithets to him,
grabbed him by the throat with his
left hand and with his right went
after his gun. He, Rickard drew
with his left and shot him, as he be-
lieved then and now that he would
otherwise have been killed outright.
On cross examination Rickard adj
mitted that he and Mcmahon had had
previous trouble in which he pulled
two guns on the prosecuting witness,
but as the question was oyerruled by
the court he was not allowed to ex-
plain. as he expressed a wish to do.
He admitted that he had been impru-
dent In entering the Capitol after Me-
Mahon had made threats against him
but declared that he had never gone
into the place without friend and
even then under protest, IN spite of
the fact that be was half owner in
the house.
James Hadden testified to hearing
loud words In the office, followed by
the report of revolver. Had heard
Mcmahon say get the hell out of
here. you cant blum me He had
seen Tom Chambers pick up re-
volver in the Office after the shoot
ing but could not say whether II be-
longed to the prosecuting witness or
not, or whether IL was picked up from
a chair or the floor.
Mike Harrington testified that
there had been previous trouble be-
tween the two men when Rickard
had Mcmahon arrested and that at
that time Mcmahon had stated he
would get Riokard
AndTitS w Hitt4 =. /. Ailtus " y.
Wilson. John Hudgens ]. c. Watt,
Frank Beleher and \. c. House testi-
fed as to Mcslahon having made re-
peated threats to do for Rickard,
promising to put both Riekard and
Peter Weiss. known as Dutch Pete
under the sod where they belonged.
s. F. Bell testified to having gone
into the saloon with Riekard and
played faro with him. He had gone
into the Office with Mcmahon and had
asked for the money coming TO both
of them. Mcmahon had applied an
epithet to Rickard and stated that
he would have To get his own money,
as he owed the house money that he
intended to keep out. He then col
lected his own money and sent Rick
ard in after his.
This closed the case for the de-
fense. District Attorney Eddy ar
gued for the prosecution. summing
up his case briefly. Samuel Belford
closed for the defense In one of the
strongest speeches ever heard here.
He tore the arguments of the district
attorney into shreds He was fol-
lowed by Eddy who after short
SDtttn gave lIt luio Aut
hands OF the jury shortly after 3
O'Clock. 1t was out little over two
hours when It returned with verdict
of not guilty.
In accepting the verdict. Judge
Brown said that on the evidence
there was no other return possible,
though 1t seemed hard that Rickard
should thus escape without punish
ment He had deliberately gone into
the presence of Mcmahon knowing
that in doing so he made certain of
bringing on trouble. He had disre-
garded this and gone armed into the
presence of Mcmahon with demand
for money Directing his delivery
pointedly at Rickard, the judge said
that gun packing was to be condemn
ed along with gun packers. He hoped
that steps being taken in the county
would soon eradicate the avil.
Following disposition of the Rick
ard case, the jury was drawn for the
Luttrell case. which will be taken up
this morning. Jurymen drawn were
H. w, Fletcher, p A. Danaher, John
u. Henry, c. c. Caperton, Steve Ba-
ker, O. s. Bates, Arthur Luchesi and
II. II. Frank. With the drawing of
Frank the names In the box were ex-
hausted and completion of the jury
continued until this morning at s
O'Clock. Luttrell is charged with con-
Quoting a gambling game without
license. Conclusion of his hearing
will mark close of the criminal
docket. This will probably occur
during this afternoon, when the civil
docket may at once be taken up. The
first case which will be called from
1t will be that of Herman vs.. Miller,
involving dispute over commission
for the sale of mining property