The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1912-04-09
WILLIAMS GIVEN
lone TO FIVE YEARS

F. M. Williams, convicted by a
jury last week of having permitted
gambling in his place of business on
the night of February 3, was brought
into court at ten o'clock this morning
for sentence
After formal recital of the facts
of the case. Judge Dueker inquired of
defendant if he had any legal reasons
to advance why sentence should not
be pronounced. Judge Robins, of the
firm of Salter & Robins, counsel for
defendant, arose at this point and sub.
mitted motion for new trial, upon
the following grounds:
First:-That the Court has misdi
recting the jury in the following mat.
ters of law:
(D In refusing defendant's 's in
struction No. 3, which stated in eff
feet that before jury could find ver-
dict of guilty, it should first find that
a percentage or reward was taken
from the game referred to in the in
dictment.
(2) In refusing to give defendant IS
instruction No. 2, which had reference
to the testimony of accomplices.
(3) In refusing to instruct the
jury, after request from the defend
ant, to disregard the remarks of coun-
sci in his argument wherein counsel
referred to the fact that defendant
had failed to procure any witnesses or
make any defense.
(4 In refusing to instruct the jury,
after request from the defendant, to
disregard the comment of counsel in
his closing argument when he refer
red to the cost to Humboldt county,
should they acquit on this charge and
the defendant were tried on another
indictment having reference to gam
bling.
Second:-That the Court erred in its
decision of the following questions of
law which arose during the course of
the trial, to-wit:
(a) Erred in permitting Witness
higgins to testify. over the objection
of defendant, as to playing of poker
on February second, 1912.
(h) Erred in allowing Witness
Biggins to testify, over the objection
poker on other DAYS from December
(c) Erred in allowing Witness
Bonnifield to testify over objection of
the defendant, as to the playing of
poker on February 2, 1912; and as to
the playing thereof on previous days.
(d) Erred in allowing the State s
counsel, over the objection of defend
ant, to attempt to impeach the States
witness, Miller, with reference to
al Al.
tell or did not tell to the states at
torney, before the trial of this case.
Third: THAT the verdict is con
trary to law.
Fourth:-That the verdict is con.
trary to the evidence.
Motion for New Trial Denied.
Defendant then addressed the Court
briefly, stating that he did not con
slider ii right for him to have been
convicted on the indictment, as there
had been no gambling permitted in his
place of business on the night men
toned.
The Court replied that the question
of his guilt or innocence had been
settled by the jury and that all that
remained for the Court was to pass
Judgment.
an lhutttfHluate sentence OF from
one to five years was then imposed by
the Court.
Upon request of Judge Robins,
Court Reporter Rurnell was instructed
30 furnish defendant with a copy of
the transcript in the case
Judge Robins then fled written
notice of appeal and asked for a stay
Of execution pending decision by
the Supreme Court Motion denied.
Counsel then made motion for a
stay of execution until such time as
defendant can perfect his appeal and
for certificate of probable cause.
Motion denied.
Defendant was then remanded to
the custody of the officer for exeeu-
I on of sentence.