Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1911-07-07
denied.

hTS. y. y. Bacn was the first
witness called on rebuttal. She ties.
titled to seeing Mrs. Roy Primeaux
on the night y, the fire. spoke to
her and that she was not in COM
pany with Mrs. Chapman. 1t was
Just soon after the fire started, be-
fore 1t had begun to get light. She
was dressed In a dark blue suit
with her hair done up on top of her
head and no braid was hanging down
her back.
Mrs. ID. C.. McKenna testified
that Mrs. Roy Primeaux on the
night OF the fire was seen stand
ing alone at the Phillips store near
a small side window. About this
time she saw Della Hart with some
other people but not with Mrs. Roy
Primeaux. She did not see MIR.
Chapman that night.
Mrs. Dan McKenna testified that
she saw Mrs. Roy Primeaux be-
tween Todd's saloon and Grande's
place. AT the time when the fire
was the worst. Miss Young and DIR.
Young was with her. She did not
see Mrs. Perry Chapman at any
time during that night. That dur
Ing the fire she had a short CONVEX
sation with Mrs. Prlmeaux.
Mrs. u. l.. Bachman testified that
she saw Mrs. Roy Primeaux in front
OF the express office before the fire
was out and thought the time was
about 1880 o'clock.
Mrs. NJ. Spath said that it pro
badly o her twenty minutes TO
pack up her belongings and went
out on the street in front OF a build
and saw her husband assisting in
throwing a stream of water on the
fire. After the fire was under CON
troll. she and her husband went HON
where she remained probably TWEEN
~ minutes, when she again went out
Or the street, when she saw Mrs.
kcy PrimeauX dressed just as she
was when she first saw her. in a
tailor made blue suit with her hair
neatly done up on the top of her
head.
W. Plumb testified tina it was
.:2O o'clock in the morning when
got to the fire and he left at 3:09
to go home.
ID. ID. Holgate, the proprietor OF
the Troy Laundry, vas called to
give expert testimony on the condi-
ton of scorched or burned cloths
and after examining the night shirt
introduced in evidence as the one
Roy PrimeauX wore the night of
tie fire he testified hat in his opin-
ion the night shirt had not been
washed after it had been burned,
and To support his opinion he had
two sleeves from a night shirt, both
of which had been burned, one
washed after the burns had been
mad while the other was in the
same condition as when the burns
were made. He testified that when
washed the burned portion would
completely disappear, being washed
away, and lightly scorched spots
would be taken out by the sunlight
only.
w. /. Strickler, a carpenter OF
Tuscarora, testified that on or
about 2 months before the fire when
le borrowed n bit and that Dye
said he had a brace, and wanted
to use the bit to make a water
wheel to run Il washing machine.
Noon recess
Afternoon session.
a. w. Sewell testified in regard
to the conversation that took place
on the day following the fire with
Ray Clawson. Mr.. Sewell said he
said it while Mr.. Clawson said he
did not.
a. l.. Bachman testified that he
arrived home after the fire at 1855
IN the morning. He saw Mrs. Roy
i'rimeaux between three and four
o'clock.
Sheriff Harris was called to the
stand to testify as to the where.
abouts OF Dave Wilson but tho de-
tense objected, and in their argu.
ments the state explained their OBJ.
ject was TO show that the defense
had two witnesses whom they did
not put on the stand. Upon the Oh.
lection by the defense the state
withdrew Mr.. Harris as a witness.
Deputy County Clerk Sproule was
rut on the stand and upon re.
quest by the Assistant District At,
torney Gedney, donned the night
shirt In question. 1t was then
shown that the burns in the sleeve
were on the side and under the arm
iiIher than on the top.
The state rested their case.
The defense stated they had
but few witnesses to put on In sur
rebuttal and that IL would take but
n short time to finish.
The court asked that he be Civ
on the instructions OF both sides
M "a mn, o., d,lay gh, "a a,d M