The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-02-03
PATSY OwYER IS ACQUITTED
Elko County Jury Believe 1t Is
No Crime in This State to
Kill an Innocent Man

Elko, Nevada, January 29.-The jury
in the Ease Of Patsy Dwyer. charged
with the murder Of A. O. Williams. at
Austin, Lander county. last July, this
morning returned a verdict OF not
guilty. Dryer was tried at Austin,
convicted and sentenced to be hanged
on January %. 1907. He took an ap-
peal, was granted q new trial and a
change Of venue to Elko County. AL
coholic insanity was Dryers plea.
DIVER was defended by p. A. McCar-
ran. district attorney OF Nye County.
The Shooting of Williams
Patsy Dryer, in July Of 1906. shot
and killed Conductor A. @. Williams
and wounded County Clerk Dyer OF
Austin, while they were standing on a
street in Austin talking.
Dryer was drunk at the time and
was looking for a gambler with whom
he had quarreled earlier in the evening.
After the shooting Dryer was ar
rested on a charge Of murder and tried
in the district court at Austin. In Sc
curing a jury every available citizen in
Lander county was examined before
twelve talesmen could be secured to try
the case.
In this case Attorneys Dennis and
McCarran, who defended Dwyer, en-
tered q plea of alcoholic insanity. and
put MP a strong case for the man, who,
in the opinion of most people ac-
quainted with the case, had committed
q deliberate murder.
Dwyer was convicted and sentenced
to be hanged on January 25. 1907. He
was taken to the Nevada penitentiary
and placed in the death cell and for
months was constantly watched by a
guard.
Attorneys McCarran and Dennis APP
psaled the case, and the matter was
continued from time to time until it
looked as il Dryer would forfeit his
life on the gallows before the supreme
court would hear the case.
At last, however, the attorneys for
the condemned man secured a hearing
before the supreme court aud a new
trial was granted. Thus was Dryer
snatched from the dreaded hangman's
moose.
Sheriff Murphy Fails the Prosecution
In its report Of the case the Elko In
dependent makes a very bad showing
for Lander County's Sheriff, as follows:
The verdict of the jury was very largely
based upon the evidence Of Sheriff Muir
ply and Deputy Sheriff Oliver of Lam
der County. At the former trial at
Austin, Sheriff Murphy swore that for
the first ten days after the arrest of
Dryer he seemed to be of sound mind,
while Oliver was very weak on the
question of Dryers insanity. At the
trial inst closed. Murphy testified that
Dwyer was Of unsound mind for the
period mentioned above. and Oliver in
his deposition was very positive that
Dwyer was insane while in his custody
From this it will be seen that Sheriff
Murphy made q complete change Ct
front and threw down the prosecution
at q very crucial poiut. and that. toe,
when as we are informed. he told the
prosecution not 20 minutes before ht
went on the stand that in his judgment
Dwyer was sane while in his custody
Why Nj. Murphy swore directly op'
posite in Elko to what he did at Austin
fs known only to himself. 1t may b
that he was afraid to tell the truth al
Aus.ip, aud 1t may not be. But what.
ever the reason was. The fact remain
that he has sworn both ways on a cru.
cial point in the case. An effort was
made to impeach Oliver, but failed from
lack of witnesses. Here. too, Sheriff
Murphy assisted the defense by giving
Oliver ! certificate Of good character.
Dwysv Leaves the State
Elko Independent. Jan. 30: PATSY
Dwyer left last night with his mother
and children for their old home ID
Canada. We understand that Districi
Attorney Maestretti conses "A to biz
going on condition that h- sould never
return to this State. Ii he does, Mr.
Maestretti informed hilu that ne would
be arrested and prosecuted on the in
dictment hanging over him in Lander
County. II D. ger keeps his promise,
Nevada is rid of him forever. This il
very little retrjoution. however. for The
crime he CON- tsted.