The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-05-26
IS
GIVEN HIS
LIBERTY
Faulty indictments Serve
to Bring About Dis
CHARGE. Court Recess
Until This Morning

Through a legal technicality Tom
j. Costello was yesterday freed from
custody on the charge of passing
worthless checks. both indictments
being voided by technical fault. On
this account, the prisoner having
been placed in jeopardy before jury.
the charges against him were dis
missed and on neither can he be in
dicted again This was the only mat
ter taken up in district court yester-
day, as adjournment was taken i'm
mediately after in memory OF the late
John Sparks, until $40 this morning
When court assembled for morning
session at 8 clock the jury roll was
called and the following were in
stalled as jurors, others being ex-
cused from attendance during the
morning term. S. 8. Lindquist. D.
P. BARLEY, Steve Baker, Harry RAN
dali, H. l.. Carter, Joseph E. Stevens.
John d. Henry, r. Fl. Frank. J. A.
Magnuson, r. A. Riepe, w. j. Gris-
void, Orson Hudson. After the mem
bers had been sworn in the trial WAS
begun, District Attorney Eddy max
ing the opening statement of the
charge, which was for passing II
worthless check. upon Nye Brothers.
the amount involved being $40.
The array of legal talent ennaged
in the case was formidable, the proSr
ecution consisting of Eddy and Ju-
rich, while acting for the defense
were Crump and Nelson, S. w. Bel
ford and C. j. McFadden. Every
technical point up to the final mo-
tion for dismissal. was bitterly fought
out by the defense.
George w. Hogan was first placed
on the stand. He testified that Cos
tello had come into Nye Brothers
and had purchased bill of goods
amounting to about So, rendering y
$40 check drawn on the First Ma
tional bank of Ely in payment. He
had asked Costello, he stated, wheth-
ed he had the money in the bank to
meet it and the prisoner had an
swered in the affirmative. The check
was then introduced by the prosecu-
tion as exhibit A, although strenuous
objection was offered by the Defense
The prosecution next attempted to
introduce the deposition of Joe War
ren. the clerk who sold the goods to
Costello. stating that he was in Salt
Lake and could not be brought to
Ely. The request was overruled upon
objection from the defense on the
ground that there was nothing to
show that Warren is at the present
time out of the state.
A. B. Witcher, president of the
First National bank and former
cashier of the institution, was called
to the stand and gave as evidence
that to the best of his knowledge
Costello neither had funds at tho
time the check was drawn nor at any
time He thought the check had
been refused payment Objection to
this testimony which showed no act
ual knowledge of the matter was sus-
tanned by the court and another
point gained by the defense.
Robert c. Nye was next put on the
stand. His evidence was purely hear
say, he having been out of Ely at
the time of the transaction. His tes-
timony was stricken out on motion
of the defense. Noon recess was then
taken Immediately upon the re-
of court at 1880 Judge
Crump for the defense made a mo-
ton that the defendant be discharged
from custody and both indictments
quashed on the ground that they
were faulty. Both of them showed
Continued on page four)