The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-05-27
REGRETS that Punishment
OF Rickard is Not Pos
SibIe Under Evidence
Given Business Today

Session of court yesterday was at-
tended by several incidents OF inter-
est, chief among which was the trial
of the case of State VS.. NJ. f. Rickard
on the charge of assault with intent
to kill upon the person of George
Mcmahon. This case occupied prac-
tically the whole day. Jury delibera-
ton extended into tho night session,
verdict of not guilty being returned
after two and a quarter hours de-
liberation.
In the action OF State VS.. Christ
Vassilopulos, in which sentence was
scheduled to have been pronounced
by the court in accordance with the
verdict Of the jury last week. the
court declared continuance of SEN
tence until $3.50 Friday morning,
when 1t will be pronounced. AT this
time il Is expected that Attorney
Coleman, for the defense, will pre-
sent motion for a new trial, stating
his reasons therefor.
In the case of State VS.. Rickard.
District Attorney Eddy moved that
the case be continued indefinitely. as
the prosecuting witness, George Me
Mahon, had been called to Deer
Lodge, Wyo.. by the serious Illness of
his wife. This was overruled by the
court on the ground that there was
nothing TO show that any attempt
had been made to bring Mcmahon
into court and none TO show that he
is now out of the borders OF Nevada.
A. l.. Haight was sworn in as stem
ographer to take the proceedings,
the jury empaneled and challening
begun. J. III. Carbon and John ID.
Henry were excused because of hav-
ing formed an opinion. A. II. White
ley. Arthur Luohesi. II. w. Fletcher
and r. A. Riepe were excused by the
state The jury as empaneled con-
sisted of D. p Bartiey. II. l.. Carter,
G. W. Robinson, Harry Randall, Carl
Muir. Dennis Hewlett. S. S. Lind
quist. John Ryan. j. A. Magnuson,
c. c. Smithson. w. J. Griswold and
Joseph f. Stevens.
Thomas +. Chambers was sworn
and testified. He stated that he was
bartender at the Capitol saloon on
the night of the shooting. Sam Bell
and NJ. f. Rickard had been playing
bank. winning about $500. Rickard
had invited everyone to come up and
have n drink. Bell had gone into
the Office to get his money and a
short time afterward had come out,
telling Richard To go in and get his.
Rickard had stated as he left the bar
that he supposed he would have an
other law suit. The defense here
asked II he did not make the state
ment that Rickard got there first.
Chambers declared that he did not
remember having made any such
statement He had seen the first
part of the struggle between Rickard
and Mcmahon but before the shot
was fired they had passed out OF his
sight. behind partition. Mcmahon
was advancing on Rickard. who was
backing away. He heard them quar-
reling over money.
DIR. W. +. Holmquist was called TO
the stand. He testified as TO the ma
ture of the wound in the abdomen
of Mcmahon. On cross examination
he illustrated the manner in which
such a wound would possibly have
been made. The under and overshirt
of Mcmahon. worn on the night OF tne
shooting. were introduced In evidence
following which noon recess was
taken.
Upon the resumption OF session
District Attorney Eddy moved that
the deposition of Mcmahon, taken AT
the preliminary hearing, be read 10
the Jury. This was refused by the
court for the same reason as had been
advanced before, that there was no
evidence to show that he was out OF
the borders OF the state. Eddy then
declared the states case closed.
NJ. +. Rickard was placed ON the
stand by the defense. He admitted
the shooting but declared 1t TO nave
been an act In self-defense. HIS tes-
timony showed that both personally
and TO others Mcmahon had threat
ened to kill him. had applied various
epithets to him and had even started
on one occasion to draw a revolver
Along the line of threats he was al
lowed to tell who had warned MIN
of Mcmahon being after him, giving
the names and approximate dates on
which the warnings reached MIN. On
an evening early in the month OF
February, when he had been playing
faro, Mcmahon, who had been seated
next to him at the table had reached
over several times, pushing him in
the face and wiping his hand across
1t, evidently in an endeavor to start
trouble in which he might carry out
his threats. He then told the story
of the occurrences of the night of
February 2S, when the shooting oc-
Cured.
Sam Bell and he had been playing
faro, winning approximately 5000
after losing about $3.50 Mcmahon
himself had been dealing but when
the two commenced to win he had
risen and given over his place to Sam
Goodman. After they had decided TO