Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1912-01-11

ton. knowing the bank to be in
solvent. II may be contended, how
ever, that this case is different from
that OF the Hickey case in that Nc
Qaillan is charged as an accessory; /
that is TO say. with aiding, abbetting /
and feloniously encouraging Phil
lips. the cashier. to receive the
check. knowing the bank to be in
solvent. The testimony, however,
of the principal witnesses for the
state will not support this conten-
ton, The Manhattan Jackson Min
ing company originally kept its ae-
count in the Tonopah Banking Cor
poration. The account was by the
duly authorized officers of the COM
pany removed from the Tonopah
Banking Corporation to the Ne
yada First National bank. 1t there
remained until a meeting of the
board of directors of the company,
held in the Office of Honorable Hugh
| H. Brown, some time in the month
of September, 1908. The board of
directors of the. company at this
meeting passed a resolution TO re-
move the account from the Nevada
First National bank to the Nye &
ormsby County bank During all
the time McQuillan was president
of the company and presided at this
meeting of the board of directors.
Thereafter the secretary of the COM
pany, by authority of the resolution
drew check on the Nevada First
National bank for the amount oil
money deposited to the credit OF the
Manhattan Jackson Mining company
and deposited said check in the
Nye G Ormsby County bank. This
Is the check in question and the on
which the defendant is charged will
having aided, abbetted and feloni
ously encouraged the cashier, Phil
lips. to receive, knowing the Ny
& Ormsby County bank to be in
solvent.
These are the undisputed fact
and the state is without any eyl
dence to prove that McQuillan |
any manner conspired with tn
cashier to receive this deposit
The check having been authorize
By the board of directors to be d.
= posted in the Nye & Ormst
9 County bank raises, to my min
more than a reasonable doubt
% the necessary point to be prove
a to a jury beyond reasonable dou
that MCMILLAN aided, abbetted al
= feloniously encouraged Phillips
receive the check into the bank
n The legislature at its session
Hl90S and 1908 passed an act {
II tensibly to cover the defect of t
Z act of 1907 as pointed out by t
decision of the supreme court in
Hickey case. In the case OF
state VS.. Frank Golden this |
ter act was attacked with sol
degree of force and reason on
ground that it repealed the act
s19O7 on which the prosecution
Golden was instituted. On this p
] liminary question of law raised
Golden's counsel the case was c
y ried to the supreme court on app
from your honor's ruling, and
there remained, and was on
- docket at the time of Golde
death. If the act of 1908 and 1!
repealed the act OF 1907 the pre-
cution against both Golden and
Quillan necessarily fell with
act. for the reason that it is
establishment principle of crimi
law that when a law creating
crime is repealed with no say
cause excepting crimes commit
Hereunder before its repeal
crime dies with the law and pend
prosecutions fall with it.
III On the 18th day of March, Is
the legislature, in order to oby
any doubt about the question as
whether or not the law of Is
- 1909 repealed the law of l!
passed an act entitled, An
to repeal certain obsolete acts
to specifically repeal certain
hnrntnfnrn renna1ed Inv imnlicatil