Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1912-03-08
DISTRICT COURT

The jurors summoned on the
venire issued Monday night ap-
peared in courc Tuesday afternoon
and E. II. Paarce was called to fill
the vacancy caused 10y the removal
of Juror Street. He was ex-
amined and passed and the jury
was accepted and worn.
The Indictment vas then read
and the defenoant's plea stated by
Deputy Clerk Sproula.
After which Judge Curler made
the opening statement to the jury.
He said tina: tie state expected to
prove that On The nj hit OF July %,
1911, Sheriff Harris saw a bar
tender coming out of a certain
door in the reas part Of the Com
mercial Hotel VITA a tray of
whiskey glasses in his hands. That
he looked into the DON and saw
a faro table with several men
around it. That he left the hotel
and summoned District Attorney
Dysart ard Deputy Sheriff
Critchley and Mchlullen. That
the officers entered the rear of the
hotel and went to the door, out of
which the bartender had come.
That they found the door locked
and it opened in answer to a rap
by Sheriff Harris, That when
the officers, entered the room the
roulette ball was spinning and
chips were Or the layout. That
Jack Mahor. the defendant, was
at the table conducting the game
and tfat he stopped the spinning
ball. That four mel we're at the
table and that two of them had
checks in front of them and that
checks were il front of Maher.
That one Of tie men passed his
checks to Maher and received sac;
that an other cashed his checks
and received Sc from Maher; and
that another at he table had
money in his hand. That all the
men in the room were arrested,
except one, Red" the barber.
That while in the room Maher said
to Sheriff Harris: Joe, you've
got us. I'd rather have seen Jesus
Christ come into this room than to
e you" That having proved the
facts as stated, he would ask the
jury for a verdict of gully as
charged in the indictment.
Judge Curler concluded about 5
o'clock and the court took a recess
until Z o'clock.
When court convened for the
evening session, the defense de-
manded that the witnesses for the
State. including District Attorney
Dysart, be sworn and excluded
from the root1. The StGtc Oh
jected to the district attorney be-
ing excluded, and Judge Somers
sustained the objected.
Sheriff Harris was thee called.
His evidence corcoborsted in
every essential particular Judge
Curriers' opcning statement.
On cross-examintion the deftnes
laid particular stress on the SAC
NJ sher paid to he two men at the
table and tried very hard to get
the sheriff to SCI thai that amount
constituted the bank roll of the
game. After he has sworn that ne
had e%xaminedlthc money drawer and
found M money, he was again piled
with questions about the $40
being the an cunt Of tho bank roll,
and finally said: "Maher, beat
him to i, and went south with the
money"
On redirect examination. he
testified that Re was at the faro
table for n few minutes before Look
ing into the money drawer and that
while there his back was toward
the roulette wheel and he could
not see what Mslcr Of other did at
the roulette table.
Sheriff Harris gave his evidence
in cool, straightforward
manner. At the conclusion Of his
evidence court adjourned until