The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-08-15
TWO OPERATORS
FOUND GUILTY

j. b. Ellinger andM. B. McMullen,
two Western Union telegraph operat-
ors employed at the Western Pacific
railroad station in Winnemucca, were
this morning found guilty by Justice
of the Peace J. Dunn of the charge of
having obtained money under false
pretenses from Martin Walters. They
were remanded for sentence, which
will be imposed this Afternoon at $3.50
o clock.
Martin Walters, the complaining
witness, came into Winnemucca on the
stage Saturday afternoon from Willow
Point. He stopped off at the Western
Pacific station. At the time he had
$35 with him. OF this amount he de-
posted $50 with Ellinger. Later in
the afternoon he went back to the ope-
rator, got his money and deposited it
with the clerk at the Winnemucca
hotel
Shortly after o'clock Saturday ev-
ening Ellinger and McMullen stopped
Constable Moore on the street and ask
ed him to arrest Walters, saying that
he had robbed the telegraph office,
while they were at supper They did
not at the time say anything about
having lost any money personally.
Moore arrested Walters, took him to
the Jail and searched him, $25 and
some change beino found on him.
Next morning Ellinger and McMul-
len came to the Jail and claimed that
Walters had robbed them of $50 and
demanded the money from the shhriff.
They had a talk with Walters in which
they stated that if he returned the
money to them, they would not prose
cute With Walters consent the
money was thereupon turned over TO
the two operators and Walters re-
leased He left with Ellinger and Me
Mullen, who gave him a ticket to Ger
laeh.
Constable Moore in the meantime
had grown suspicious of the conduct
of Ellinger and McMullen, particular
lv because at the time of Walters ar
rest they had said nnothing to him
about having been robbed personally,
and he began an investigation, which
resulted in the arrest of Ellinger and
McMulen on a charge of having OBJ
tanned money from Walters under
false pretenses They were taken be
fore Judge Dunn yesterday morning
who Immediately began a preliminary
hearing.
A large number of witnesses were
heard. among them Walters, Constable
Moore. Harry Kester, John Lamarins,
sheriff Lamb, C. M. Atterbury, Sta
tion Agent IT. J. Cooper It. M. Patton,
A. willetts and Mrs. A. Ruckteschler,
who testified to the facts as above
stated.
Ellinger was the only one of the de-
PENDANTS to take the stand and it was
mainly on his own testimony that the
conviction was had. He not only in
volved himself in numerous contradie-
tions, but told very flimsy story. He
admitted that Walters had not robbed
them. but that he and McMullen had
reached the conclusion that it would
be good lesson to Walters who, it is
said. was considerably under the
weather at the time. to get his money
away from him. Ellinger said that
they inetnded giving Walters back
his money before letting him get out
of town.
The hearing was concluded late yes
terdav afternoon and adjourned until
this morning Judge Dunn taking the
ease under advisement until then.
When court convened this morning the
Judge announced that he had found the
two defendants guilty of the crime as
charged and that he would pronounce
sentence az stated late this afternoon
BORNE Winnemucca. Nevada,
August -. 1911. to the wife of r. l..