The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-07-17

In the justic court yesterday after
noon, Charles Smithey. charged with
assault with intent to kill George
Mazcnko, Sunday night, was dis
charged from custody by Judge Cart
wright.
Before giving his decision, the
court stated that the evidence in
troduced at the hearing showed that
the officers after having entered the
cut and seeing the men there turned
around and walked away from them
and that the men followed and ac-
costed them. The officers then show
ed their stars. Following this the
officers searched the men. He said
the evidence further showed that the
defendant saw Arnold lying across
the track with Mazcnko on top of
him and that he heard the former
groan and thinking he was being
knitted, fired several shots. The court
stated that at the time Smithey fired,
the evidence was to the effect that
he was being pushed away from his
fellow officer by another party. In
concluding his remarks, Judge Cart
wright said he did not think a jury
would convict the defendant on the
evidence submitted and ordered the
defendant discharged.
Immediately following the dismiss
sal of Smithey, another complaint
charging Smithey and Arnold with
assault with intent to kill George
Pain, was read. Pain was one of
the two men who were shot Sunday
nigh by he defendants and was hit
in the leg.
District Attorney Reeves then gave
notice that he would ask for a
change of venue or ask for another
justice Of the peace or Judge Brown
to preside at the next hearing. The
grounds given by the district attor-
ney are to the effect that the state
cannot get a fair, just or impartial
trial and believes the court to- be
baised and prejudiced against the
state.
Attorney Quayle stated that the
motion for a change of venue was
premature and asked for an early
hearing of the case. Mr.. Quayle said
he expected to leave Monday and
did not are to have to postpone his
trip to take the matter up. He said
his partner Mr.. Chandler was fgur-
ing on going to Elko Thursday and
asked that an early date be set, SO
that Mr.. Chandler would not be de-
tanned.
The court set Monday forenoon at
10 o'clock, as the time the motion
for a change of venue will be heard.
The hearing to be decided on at that
time. Attorney Quayle spoke of the
arrest of the men on the charge as
being farcial and lacking merit.
When the matter of bonds came
up, Attorney Quayle suggested to
the court, that in view of the fact,
that he was acquainted with all the
facts of the case and had already
dismissed both men on a charge the
same as the n now before the
court, that the men be released on
their own recognizance. District At
torney Reeves objected to this and
asked the court to place them under
a much heavier bond than they were
released on in the former Ease, sug- |
costing the amount be placed at from
$4,000 to $4,000. Mr.. Quayle said
the asking of such a bond was
ridiculous in view of the fact that
the men remained and appeared be-
fore the court on a $500 bond, when
the charge was ever SO much more
serious. In the first case, according
to Mr.. Quayle, the men were charged
with having seriously injured a man
by shooting him through the body
and in this case, the man injured, re-
ceived but a slight wound In the leg.
After listening to more arguments
by the attorneys, the court placed
the men under $500 cash bail, which
the court stated was equivalent to a
$1,000 written bond. Mr.. Arnold,
who is now located at McGill, came
up yesterday afternoon and had the
complaint read to him, Smithey hav-
ing had this done earlier in the day.
The district attorney notified the
court of his objection to amount OF
bonds, under which the men were
placed.