Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1912-12-20
DISTRICT COURT

witness He testified to a conver.
sation he heard after the fire be.
tween William Dye and Roy
Primeaux. in which Roy said il was
t,o bad the store burned down and
that 1t would put Sewell over
a barrel.
Jake Clark followed Wilson.
He testified to seeing Roy PrIm.
eaux at the fire
Frank WARDROBE was then re.
called and testified about the holes
in the cast side of the building
and about cutting out the boards
Chris Bach was the next witness.
He told about going 10 the fire and
assisting with the hose.
Mr.. Scwell was recalled. He
testified about the building after
the fire and about a conversation
with PrimeauX, in which Primeaux
offered him the use of an old buildi
ing. Mr. Sewell was still testify
ing when court adjourned until 10
o'clock this forenoon. At the for
noon session, the examination Of
Mr. Sewell was resumed. He was
asked about a conversation he had
with Roy Primeaux the morning
Of the fire. The defense objected
and asked that the jury be exclud-
ed while the admissability of the
evidence was being determined.
This was done. Mr.. Sewell detail
ed the conversation to the cour,
and was cross-cxamined by MIR. Nc
Carran. Judge Avcrill held the
evidence admissible and the jury
vas brouht in. Nr. Sewell then
testified that he said to Roy after
the fire was practically out:
"You and Brown must have heen
the first oncsTherc" and that Roy
replicd:i "Ycs. we have not been
to sleep" He also identified the
pieces Of boards taken from the
building. lie @as beng closely
cross examined when the noon &C.
cess was taken.
The cross examination of Mr..
Sewell was still going on when this
report closed. He was being
closely questioned about all the
matters brought out inis direct ex-
animation.
When court adjourncds Saturday
afternoon. John Phillips Of Tuscar-
ora was on the stand. He testified
to be awakened by a noise on the
street and on turning over saw the
reflection of light on his pillow.
Tie got up and Looked out and saw
the fire. He put on his, pants
an shoes AN went out and assisted
Roy Primcaux and Harry Brown TO
get out the hose cart. When near
the fire plug by his store, he told
Roy to hold the end Of the hose
while hr and Brown rccled ii off.
Al the store he put on the nozzle
and got up on the porch. IL was
or 4 minutes before the water
came. lie stuck the nozzle
through a hole that had burned
though the building and fought the
FIRE. He knew Pimcaux's and
Dyes dogs. Dyes dogs followed
him about town and were generally
with him. He saw Pimcaux's dog
with the team and around the
store. Roy had on dark coat
when he first first saw him at the
IRE. He vas being cross.cxamincd
when court adjourned until this
morning.
After recess Monday afternoon,
The testimony Of Antoine PrimcauS
given at the preliminary examina
llOn at Tuscarora in Dcccmbe'
1910 was admitted by judge
Avcrill and MIR. Bartlett read it tt
the jury.
f.. l.. Bachman was the next wit
nrss. He testified about the time
Of the fire and other matters pre-
viously brought out.
He was followed by Jake Clark
lie testified about putting new rop'
on the fire bell the day after th'
fire. He asked Mr.. Sewcll for
rope and was told to take any rop
he could find about the burneO
building. Not finding rope thcr
ne went TO the Primeaux store an
asked for rope. Roy was in III
store and told him to wait a minut