The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-05-28
INSTRUCTION
CONSIDERED
Court has Request in Nc
Donald Johnson Case
Under Advice --Luttrell
Held to Next Term


trell, for conducting gambling game
without a license, went to the jury,
which. after being out for more than
four hours, made request that they
be dismissed as they were hopelessly
divided in opinion. The report called
forth stern rebuke from Judge
Brown, as law. evidence and the in
structions of the court. he pointed
out. tended toward conviction. How
ever, he dismissed the jury and put
LuttraJ under bond until the fall
term of court Ills bail bond will re-
main the same as before. being s75J.
When court was convened yester-
day morning ex parte matters We're
first taken up. these being the estate
of Jacob Weldon and that of Chris
tian Erickson. Both are part of
The Cleveland estate and were
brought before the court for the pur-
pose of quieting title. NJ l.. Wood
man testified as TO the nature of the
estates and the title. The court ap-
pointed w. b. Graham administrators
in both. Suit was Immediately
brought by Mrs. Kate NJ. Cleveland
against Mr.. Graham as administrator
and upon motion of the defense the
she being given full title. The two
cases decided bring the total up to
IS, comprising the Cleveland estate
which were decided during the pres
snt term to quiet title In all they
embrace about 5000 acres of land
The action of Herman vs.. Miller
was called and set for this morning
at 10 o'clock.
tot IA saf 80 / /
trell was then called. The empanei-
ing of iurymen was completed and
the members sworn in. They were
IL. w Fletcher. p. 4. Danaher, Or
son Hudson. John d. Henry. {. C..
Caperton. Steve Baker. O. G. Bates,
Arthur Luchesi. X. A. Rlepe, c. Her
mansen. c. W. Robinson. r. b. Hill
debrand.
Frank Welshons was first called as
a witness. He testified to knowledge
of the fact that Luttrell was the
owner of roulette game which was
operated i'm the saloon of l.. Johnson
about January l. William Mcknight
was called and testified that I'm his
Official capacity of county recorder
no license had been issued to Lut-
trell to conduct the game. Records
of the Office We're produced in proof
A. G. House was called and stated
that as sheriff he had devoted his
time especially TO the Office of as
SCISSOR and had left the sheriff's work
to his deputies. He did not know
whether or not gaming license had
been issued TO Luttrell A. J. Butler
was called and testified that from his
certain knowledge as deputy sheriff
no license had been issued To Lut-
trell.
At this point. e. J. McFadden. who
had been appointed attorney for the
defendant by the court, attempted TO
bring out the fact that written ap-
plication had been made. according
to custom. to the sheriffs Office for
Il license to conduct the game. In
oyerruling introduction of evidence
of this character Judge Brown stated
that there was absolutely nothing ma
terial In the custom as ii was plainly
against the law and instructed the
Jury not to consider custom.
]. w. Hudgens was called, but his
evidence not being material, was or
dered stricken out. NJ. Harrington
was called but his evidence was not
material to the ease, as he only stated
that an application had been given
to him by Luttrell TO give 10 the
sheriff's office. This was stricken out
on order of the court.
I.uttrell himself was placed on the
stand. He admitted having conduct
ed the wheel without license, but
stated that he had sent in appliea-
tion and pleaded custom.
Judge Brown in giving his instruc-
tions brought ont the fact that the
defense had no leg to stand on other
than a nimsy custom which was open
ly Illegal. His instructions practical
lv called for conviction. The jury
retired shortly after 1890 From
that time until 2:55, when they
brought In the news of their disa-
greement, they argued the case. 1t
is understood that from the first bal
lot until the last the jury was un-
changed. Three stood for acquittal
and nine for conviction. On hearing
their report Judge Brown said in
part:
Gentlemen, / am sorry that yau
have returned In this unsettled state
of mind. In view of the law, evil
dence and facts, which have been laid
before you. your position shows that
some of your number are eminently
untitled for jury duty. Under the
law and evidence there was but one
verdict for you to return. That is
guilty. | regret that this defendant
is a man whose position is one
which naturally calls for more or less
sympathy. | sympathize with him
and I doubt not that all OF you do.
In fact this is the only ground on