Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1908-01-31
DIVER Goes Free.


The Dryer murder case went to the
jury shor ly after 6 o'clock Tuesday
evening. Before billotmg on the YER
dict the jury went to supper. On their
return To the jury rom they tOok d
ballot on the question Of sanity or insan-
ity Of the defendant which stood ten to
two in favor Of his in. auity at the time
the murder was committed. Then iol.
Lowell Il debate on the evidence aud the
Inv applicable Ia it Which lasted nntilll
o'clock, when they notified the sheriff
hat no verdict would he reached until
morning. Tho jurors then retired for
the night.
After breakfast this morning the prop
osition Of Ia fGnG another vote was
made 10y one Of the jnrors who had
voted against the insanity OF the defend
ant. Al his request he vote was taken
on the guilt or innoceEce OF the defend
ant md resulted ~ "a unanimous vote nf
not guilty. the eherilf was informed
that a verdict hal been tonnd and the
court house bell was run. to notify the
courI aud attorneys tLut HE jury lad
agreed.
Shortly after . O'Clock Judge Brown
arrived and took his seat nn the bench.
Tho names Of the jururs was called md
Judge Brown Gskcd il they had agreed
upon Il verdict. Foreman Agee re-
piled that they had aud tho court asked
I,,N D., .. nj - a, akV. H., -, I..I A..
defendant not gully" fell upon the ears
Of the defendant he jumped To his feet
and embraced Mr.. McCarren and shook
hands with those about him.
The verdict aut pri+cd those outside OF
the defense and it was plainly evident
that il WIS unpopular with them. But be
that rs it may, the INDEPENDENT be-
lieves tho jury acted conscicutionsly and
honestly and, while their verdict il not
III accord with general sentiment, tho
%jurors, one and all, diG their duty rs
they saw it. Tho jury was a fair repre-
scntatioD Of the citizenship ~ Eiko
county, and it will measure up well with
the citizenship OF any county III any
state Of this union.
The verdict OF tho jury wRs very
largely based upon the evidence Of Sher-
iii Murphy and Deputy Sheriff Oliver
Of Lander county. At tile former trial
at Austin, Sheriff Murphy ewore that
Tor tho first ton days after the arrest Of
Dw,or he scemed to bo Of sound mind,
while Oliver WA very weak ON the qucs.
tiou 81 Dw!or's insanity. AZ the trial
just closed. Murphy testified that Dwy-
ar was ~ unsound mind Tor The period
| mentioned above and Oliver IN his dcpo.
sitinu was very positive that Dryer WIS
,nannc while IN his custody. From this
It will bc seen that Sheriff Murphy
made a complete change OF front and
threw down the prosecution at u worry
crucial point, aid lint, too, when as we
are Informed, no told the prosecution
not iwcniy mirvtcR before he went on
the stand, Tint in hia judgement Dw,cr
was sane while in his custody. Why
| Mr.. Murphy pworc directly opposite in
Elko 10 what he did nj Austin 10 known
only to himself. Itmay he That no was
| afraid to tell the truth at Austin and il
may not he. But whatever the reason
wee, the fact rmains that hc has sword
! botl, wnys nu u crucial poin, III the case.
Au effort wa made 10 impcach Oliver
but failed fmw lack of witnesses. Here,
too, Sheriff Murphy ns ,istch the defence
hy ,,ivinu Oliver "a pctIitirnIp ~ pnn1