Daily independent. [volume] (Elko, Nev.) 188?-1915, 1909-01-30
District Court

Stewart and p. j. McDermott, who had
plead guilty to the crimes charged in
the indictments against them, s..
Elmer Fulton. indicted for passing
fraudulent checks in Carlin, was the
first one to be called up. Judge Brown
recited the proceedings in the case and
asked Fulton, if he had any legal cause
to, show why sentence should not be
pronounced. He had no legal cause,
but stated that he thought he had
sufficient money in the Western
National Bank of San Francisco when
he drew. the checks and that he in
tended to redeem them. After he
finished Judge Brown, sentenced him
to IA months in the penitentiary.
George Stewart, charged with forgery,
was the next one. The court. recited
the proceedings in the case, and asked
Stewart what he had to say for himself.
Stewart claimed that the check he was
accused of forging was given to him at
Monticello by a, railroad man named
Ryan and that he had passed it without
Knowing that it was a forgery. That
he was drunk at the time and did not
know, he was committing a crime.
Stewart is colored man of average in.
telligence. He was sentenced to IS
month in the pen.
P. J. McDermott, the only one of the
three, accused of stealing three barrels
of whiskey from the Southern Pacific
company at Montello, to suffer punish
ment was the last to be sentenced. As
In the other cases, Judge Brown recited
the proceedings and asked 'McDermott
if he had anything to say why sentence
should not be passed upon him. He
replied that Mr.. Williams would speak
for him.
Attorney Williams then addressed the
court. He said that McDermott was
not as bad man as pictured by the de-
Tense in the Hogan case That he had
been held up as perjurer in that case
when he was not guilty. He referred
to McDermott's evidence on the stand
in which he stated that he was under
the influence of liquor the day he made
hisstatement to the district ATTORNEY
that was used by the defense in the
Hogan case. Mr.. Williams claimed that
that matter could have been explained
away had McDermott been represented
by counsel. That the young man had
been given whiskey, but the sheriff's
office nor the! district attorney had
given it to him. y Mr.. Williams, closed
with strong plea for leniency..
McDermott then spoke q few words
in his own behalf: He said that the
evening Hogan came to him in the rail
road yards at Montello he was not under
the influence of liquor, but was busy
with his work. That he was not the
insigator of the crime and that he did
not throw the barrels of whiskey from
the train, and that he had not talked
with Hogan before that night about
stealing whiskey.. The young mans
words carried the impress of truth.
Judge Brown next asked District At
torney Taber if he had anything to say.
Mr.. Taber said that if it could be done
ne felt like asking Judge Brown to dis
miss the case against McDermott as he
did not consider him the chief criminal
While he had no right to say that Judge
Hogan was the guilty man in view of
the verdict of the jury, he could say
that he believed him to be. He spoke
of the matter alluded to by Mr.. Williams
and agreed with him. that McDermott
had been given whiskey the day he
made his statement to the district at
torney. That it was given to him by
Officer Davidson Of Montello and that
the Elko officers were in no way to
blame. He asked the court for leniency.
Ex-District Attorney Caine was
then asked by McDermott to say
something for him. Mr.. Caine said
that he seconded. what Attorney
Taber had said. While McDermott