The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-07-15
Smithey and Arnold
Charged With Assault
With Intent to Kill Be-
fore Justice Cartwright
ON MOTION OF ATTORNEY
QUAYLE COURT ROOM Is
CLEARED. sTENOGRAPHERs,
NEWSPAPER MEN EXCEPTED.

The preliminary hearing of Charles
II. Smithey and Edward Arnold took
place before Judge Cartwright yes.
terday afternoon. The hearing was
set for . o'clock but owing to the
tardiness of District Attorney Reeves
1t did not commence until nearly 3
o'clock. The court fined Reeves $40
for being late. A large crowd was
present in the court room but on a
motion by Attorney Quayle for the
defense, the court ordered everybody
with the exception of the attorneys
interested in the case, stenographers
and newspaper representatives to
leave the room. Before making the
motion Attorney Quayle read a sec
ton from the statutes. wherein the
defendant is given the right to have
persons not Interested in the hear
ing excluded
Attorney Jurich addressed the
court on the matter of not being al
lowed to remain In the room. stating
that he represented the injured men.
The matter was simplified by the
district attorney appoiptine Jurich
to assist the prosecution.
Lawrence Hogan was the first wit
ness on. behalf of the state. He testi-
fled that he passed through the cut,
where the shooting occurred, about
1920 p. IN. and saw five men in
the cut but did not recognize any
of them. He saw two of them clinch
and when about % feet away, heard
three shots fired. He also said he
heard man groan Immediately fol-
lowing the shots. On cross examinaA
tion by attorney for defense, Hogan
stated that his eyeslght was poor
and he could not say whether there
were five or six men in the cut but
could only remember seeing five.
Mike Rogan was the next witness
for the state AS hefcould not speak
English, and interpreter was secured
but an objection was raised to this
interpreter by Attorney Quayle, and
John Cans was substituted. Rogan
testified that he knew Pain, one OF
the men who were shot, and saw him
on the evening of the shooting on
the railroad track in the cut. Said
he was stopped by man in the cut,
pointing out Smithey, who asked him
where he was going and later asked
what he was doing. He told MIN ne
was doing nothing" He said he saw
an officer strike Mazcnko on the nose.
Rogan said he ran away at this time
and heard three shots fired while he
was running Said he went to Riepe-
town. where later he saw Pain. who
was shot in the leg but did not see
the man who had been shot In the
body. Rogan stated that 1t was
Arnold who struck Mazcnko. after
having searched him On cross ex-
animation by Attorney Quayle, Rogan
said that both officers had searched
the men but had found nothing
Pointed to Smithey as one of the men
who did the searching but did not
know the other man. Said ne was
on his way home through the cut
and had no particular reason for be
ing there. Was walking absolutely
for his health During the examina-
tion Of Rogan, little unpleasant
ness took place between Attorneys
Ouayle and Jurich, which resulted in
both attorneys getting lecture from
the court.
Geo. Pain one OF the men who
we're shot. was then placed on the
stand. He testified that he was In
the cut and saw Smithey and Arnold
Said he was going from Riepetown
to Veteran on main line. Said ne
saw, about 10 men in the cut, six
went bask to Riepetown and the
Continued on page four)