The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-07-16

- SiAi a 49, SAtAkhAea- aAA
Edward Arnold, charged will
assault with intent to kill Georg.
Pain and George Macnko, which wa,
continued from Wednesday Afternoon
took place before Judge Cartwright
yesterday.
The first witness to testify wa!
George Mazcnko, who was shot il
the side. His testimony was taker
at the county hospital, being that il
was impossible for him to be brought
TO the court house. He testified thai
he was close to the Veteran mine or
the night of July 18th ard that
George Pain and another man were
with him. He said he saw Smithey
and Arnold and asked who they were
and was told they were officers, my
partner also asked who they were. /
was on my way to Kimberly. When
We saw the men, my partner said,
Hello Charlie" Charlie and Arnold
asked Pizan what he was doing and
If all the boys were on the ground.
Arnold said Il shoot YOU" he was
half laughing when he made the re-
mark. Arnold then asked my partner
il he had a gun and was told No"
he was then searched.
Arnold then looked for something
in my partners pocket. He then
asked ME if | had a gun. Arnold
then struck me on the breast and
him and we both fell on the track.
I was then taken to the company Of
flee. Smithey was standing about six
feet from me but said nothing. Be-
fore the shooting. Arnold told me l
had a gun and then punched me. On
cross examination by Attorney Quayle
Mazcnko said that he had not talked
with his partner since the shooting.
He said that he and some other boys
were sitting on the pile of lumber
in the cut and had been there about
five minutes. Just before the shoot
ing there were five or six men there.
| went TO the cut about 10 O'Clock. l
left Riepetown about 3 O'Clock at
night with 10 men and we went up
he track towards Kimberly. We Went
through the cut to Kimberly station,
when we got there the 10 men We're
with me but when | went into the
cut. six of them left. The cut is
ABOUT U leel lUH5 anu thS "a
pile is on Giroux ground, at ths end
of the cut, nea the Veteran SIDE,
While four of us wert standing at the
lumber pile about four minutes, two
men approached us from the Kim
berly side. I noticed they were
Arnold and Smithey. They turned
around and walked about 100 feet
towards the Kimberly side. MY
partner asked me who they We're and
| told him and then said we had
better go down town. | was aflout
30 feet from the men when my
partner said, Hello Charlie.
Charlie said what are you doing
here and my partner asked Charlie
If he knew him and Charlie said, 40
YOU know that / am an ofhcer. Arnolu
showed me his star and said ! VIII
shoot you.
Pain was then sworn. He SAID
he was holding his partner after the
shooting and Smithey held a gun at
his head. . He said he got UP and
commenced running'and Smlthey ran
after him and called aim a vile name.
He said he ran to Riepetown, "hlch
is about one half mile o TIE u
At this point of tine p~roceedlngs'
attention was called TO Thomas CORA
who was present in the room. AT
torney QuayIe objected to his being
in the room. District Attorney
Reeves asked hat Cora be made
associate counsel. After an argument
had been made Judge Cartwright al
lowed Cora to remain as associate
counsel, If he could prove his quaH-
6cations. Ouayle then filed a protest
and insisted on Cora leaving the
room, on the ground that 1T would
invalidate the whole proceedings.
Reeves objected TO the ruling. MI
Cora stated he would withdraw from
the case and left the room with At
torney Zurich. who also withdrew
from the case.
Following the withdrawal OF
Messrs Cora and ZURICH. DR.. w. G..
Baird was called to the stand. He
testified that he first saw Mazcnko
at the staff quarters AT the Veteran
mine after the shooting and examined
him for a gun shot wound and for
an injury to the nose. The state then
rested it's case and al adjournment
was taken until 2 p. N.
= When court convened at 2 O'Clock,
Attorney Quayle asked that defendant
Arnold be discharged from custody
and made an argument to sustain his
motion. The court held hat there
had not been sufficient evidence intro
duced to hold him on the charge pre-
ferred and ordered him discharged
from custody.
Charles H. Sraithey one of the de-
PENDANTS then made the following
| statement which was not under oath:
Judge Cartwright asked the statutory
questions, which were answered, af-
ter which the defendant stated that
he had been appointed a deput con-