The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-08-24

ADswer-Yes, sir.
Question-Did he in connection with
that remark say to you. ''What do you
keep such a damn thing as this loaded
for 2"
Answer-Those were his words.
Recross Examination by Mr.. Henderson
Question-Have you seen your testi.
mony since yesterday?
Answer-No.
Question-How was your attention
called to that particular part o. your
testimony in regard to your statement
in which you said in answer to my
question. "Who fired the shots that
struck Mr.. Mechanics g'' Aud you said,
"Mr. Davies"
Answer-In thinking the matter over
| came to the conclusion that l had mis-.
understood Mr.. Henderson's question.
Question by Mr.. Fitzgerald-Has Mr..
Elliot or myself ever spoken to you
about this case except IN the stand here?
Answer-Never a word.
Question by Mr.. Hendersor-Then
you say the pistol that fred the shots
that struck Mr.. Mechanics was in the
hands of Nj. Davies?
Answer-It was.
Defendant Advised of His Rights
After summarizing the proceedings
that had taken place previous to the
hearing now being held. aud telling
him Of his rights in the matter. Judge
Breen informed the defendant that it
was his right to make a statement In
relation to the charge against him. The
Judge also informed him that the state.
ment was designed to enable, him il he
saw fit. to answer the charge and to ex-
plain the facts alleged against him; that
he was at liberty to waive making such
statement. and that his waiver could
not be used against him on the trial. The
Judge then asked the defendant il he
desired to make a statement.
Mr.. Davies said he did not want to
make a statement at this time.
In answer to a question by the Judge,
counsel for defense stated that they
would not offer any evidence on the part
of the defense at this time. and rested.
The argument by respective counsel
then proceeded.
After argument by counsel had been
concluded, Judge Breen rendered the
following decision in the matter:
The Decision of Judge Breen
1T appearing to me by the within
dispositions that the offense mentioned
in the complaint on file in this case has
been committed-the offense, to wit.
the unlawful shooting Of r. Mechanics
at the time and place set forth in said
complaint, and that there is sufficient
cause to believe the said Harry Davies
guilty thereof, l order that he be held
to answer before the Grand Jury of
Eureka County for said o~ffense. And
that he be admitted to bail in the sum
of $500, and be committed to the
Sheriff of the County of Eureka until
he gives such bail"
Ciui Proceedings
On Tuesday the case of the Beowawe
Mercantile Co. VS.. O.. +. Montgomery
came ON for trial before the District
Court. Both sides waived a jury and
the case was tried by Judge Breen. AT.
torney +. s. Gedney appeared for the
plaintiff and Attorney Otto T. Williams
for the defendant. After hearing the
testimony judgment was given for
plaintiff. fo~reclosing a mortgage for the
sum Of $1,000, and for interest and costs
amounting to $612. 80.
Estate of Giovanni Guglielmini. de-
ceased-Vouchers being shown to the
Court that the residue of the estate had
been distributed as per order OF Court.
on motion of counsel for administrator
an order was Eade discharging the ad.
ministrator and showing that the estate
was settled and closed.