Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1911-06-16

will, Dye the first night Dye spen.
in the Tuscarora Jail and told of
remark Dive is said to have made
to him as follows: "Al. de- yor
think Sewell wants to prosecute
me as bad as he does the Pri,
meauxs, the men back of me-" oil
something TO that effect. In cross
examination the defense brought
out that Gabbeart wa5 unfrienjly
tn Dye and had threatened to kill
him a few years ago and that
Gabbeart was working for the
reward offered by Mr.. Sewell for
the detection of the guilty parties.
A reward of $500 was at first
offered and this was afterwards
conditionally raised to $4,000.
At the conclusion of Gabbeart's
evidence Judge Averill adjourned
rour: until 10 o'clock this fore
noon.
The first and only witness this
forenoon was Mr.. Sewell who was
called 10 testify about a converse
ton he overheard between DSc
and Bowman, in which Bowman
was trying to get Dye TO confess.
ln the conversation, Dye is said to
have stated that he would rot
squeal. He was cross examined
by Judge Perkey at some length.
During the cross.eXamination,
there were several clashes between
the witness and counsel. The
honors being about even.
At the conclusion of the cross
examination. Mr.. Levers stated
that the next branch of the case
was the alleged confession of Dye.
The defense then asked that the
jury be excused while an inquiry
was made into the facts and cir
cumstances surrounding the con-
fession. The request was granted
and the jury was excused until 2
o'clock. Mr.. Sewell was ques-
toned by Mr.. Levers regarding
the part he took in obtaining the
confession. He told of converse
tons with Dye in the county Jail
in one of which Dye said he would
tell the whole story. Mr.. Sewell then
went for District Attorney Dysart
who accompanied him back to the
Jail. The district attorney quoted
the law to Dye and Dye said he
would tell mis- story. Mr.. Dysart
called his stenographer to the jail
and the confession was taken down
in short hand and afterwards type
written. When all this done
Dye refused to sign it.
Judge Perky rross-Cxamined
Sewell closely and brought out
that Dye had been taken from the
Jail to Mr.. Gedney's house and
given liquor and a diner. This was
after he had refused to sign the
confession. Also tina; f. A.. p.
johnson had been suspected by
seSeral people as the guilty party
but not by Mr.. Sewell, because of
a difficulty between them of two or
three years standing and that
Johnson had refused to accept
employment in the case. wnen he
learned tina: Mr.. SeweIl did not
suspect him, but promised to
gather al! tie evidence he could
against the accused parties.
At the afternoon session, the
cross.examination of Mr.. Sewell
was continued. When he is
excused other witnesses will be
called to ties ify regarding the con.
diuons under when the confession
was made. When this evidence is
all in the argument on the admiss.
Utility of the confession will begin.
This is Ii kelly to consume consider
able time.
The case is now at its most
critical stage. If the confession is
admitted the states case will be
greatly Strengthened. II it is ruled
out, the case will rest entirely
upon circumstantial evidence.
After Judge Averill rules on
the admissibilitfv of the comics.
81 m, better progress will be made,
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