The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-01-04
WIN. WHALEN GETS new TRIAL
Rehearing Granted By Supreme
Court After Superior Court
Had Been Sustained

William Whalen, the well known
mining man of this county. who was
convicted in the Superior Court at Sac
ramento of obtaining money under
false pretenses and sentenced in Sep
TENDER, 1907, to ten years IN the San
Quentin State prison, was granted a
new trial on December 10 last by the
California Supreme Court.
The Sacramento Union, which is IA
miliar with the facts of the case as
brought out at the trial in hat city that
resulted in Whalen's conviction, says:
Whalen, it will be remembered. was
promoting a mining venture near Eure-
ka in Eastern Nevada three years ago
He came to this city to dispose OF stock
in his mining property to further pro-
mote development, as he said. Here he
sold stock to a number of people, among
them several women He made repre-
sensations to them which it is claimed
were false and deceitful regarding the
mines, the ore veins in sight. the value
of the yield or ore taken out, ETC., on
which representations, alleged to be
false and fraudulent, the parties paid
Whalen certain money.
Four informations for the crime were
presented against Whalen, and IN Sep
TENDER, 1907, he was brought to trial be-
fore Superior Judge Hart and a jury
and was convicted, the trial being long
and elaborate, and the charges being
hotly contested inch by inch. A. NJ.
Seymour, district attorney, and j. K.
Hughes, deputy district attorney, ap-
peared for the people, and E. S. Wach-
horst, H. G. Ross and S. R, Hart for
the defendant. The three remaining
fnformations against Whalen were dis.
missed, and the defendant was sentenc.
ed to ten years imprisonment in the
State prison, his motion for a new trial
being denied.
Many exceptions were saved by de-
PENDANT to the rulings of Judge Gaddis,
sud on these a motion for a new trial
was made and denied. An appeal was
taken to the Court of Appeal, which af-
tirmed the Judgment of the court be-
low. Defendants counsel then applied
TO the Supreme Court for a %rehearing,
and the news is that it has been grant
ed, which means that the argument on
the original exceptions will now be made
before the supreme bench.
This indicates that the final tribunal
has considered some point of error taken
to be of such Importance as to deserve
examination by the highest court. Just
what this may be is not now known,
but it is thought that it may be that IN
which defense held that there was no
proof that money had been paid to de.
fendant for the stock on which sale OF
the particular case in hand was based.
1t was shown by the prosecution that
the prosecuting witness had paid Whal.
en- q given sum for the stock, said to
have been fraudulently disposed of, but
on cross.examination of that witness 1t
developed that the payment was by a
check drawn on New York, and it is
claimed that no proof was made that
the check was ever paid. This was one
of the more important issues upon
which defendant based his appeal, but
there were others which defendants at
torneys hold to be vital.
1t was the Whalen case which it was
noted some weeks ago cost the county
s 70 large a bill for printing the transcript.
1t was the same case in which the
county expended a very considerable
sum under advice of the district attorney
to send experts and county agents to the
Eastern Nevada mines to examine the
Whalen property and ascertain the true
values of the same aud to inspect it,
with a view to ascertaining if defend.
ant had misrepresented to the prose-
cutting witnesses.
Whalen was arrested in Eastern Ne
vada by Sheriff Reese, now nearly two
years ago, and has ever since been in
the county Jail of this county. He has
persisted from the outset that he would
not be sent to the State prison, the
mans confidence in that assertion being
such as to make him an object of cur
ious interest.