Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1912-11-23
THE LANE CASE.
Full Report as to Why Grand Jury
Ignored Charge.

OF murder lot SldDDlHS ana klling
Frank Silva at Thompson, in this
county, on the 2Dth day Of October
last. as the result OF a drunken row be
tween friends. by J. G. Young, JUS
tice OF the Peace OF Wabuska Town
ship, was taken up by the Grand Jury
Monday morning of last week.
Owing to the ill-health Of District
Attorney John Lothrop the investi
CATION of the homicide was left entire
" in the hands OF Deputy District AT
torney Hauser.
After a careful, exhaustive examna-
ton OF sixteen witnesses, summoned
by Mr. Hauser to appear before the
Grand Jury, and one other witness
and the defendant. the Grand Jury
refused 10 indict Lane.
1t appears that Mr. Hauser made
a careful. thorough and impartial eX
animation of the affair, and owing to
the gravity of the offense charged
presented only sufficient evidence be
fore the examining magistrate to war
rant commitment NJ Lane to answer
the charge.
Mr.. Hauser. during the time inter
vcning between the date of the homi
eide examined and talked with every
person in Thompson who might know
ANYTHING about the killing.
The testimony of the four witnesses
examined in the Justices Court il un
contradicted. would undoubtedly have
resulted in conviction OF murder.
There were but two witnesses to the
actual stabbing OF Silva. These two
witnesses. with eleven others. went
from their work at the smelter, where
they had worked thirty-six hours with
out rest at repairing machinery which
had broken down and needed immcdi
ate repair to save serious loss To the
smelter. to the saloon at Thompson.
Instead OF going to their supper they
began drinking and kept drinking and
having a good time until past the hour
for supper. After becoming highly
intlamed with liquor sandwiches were
procured from the hotel and brought
to the saloon.
As the sandwiches were brought
into the saloon one of the men. Chas
II. Milne, got two in his hands.
Though there were plenty more on
the tray Lane. who was boisterously
drunk. grabbed one OF the sandwiches
in Mines hands. Milne resented this
and Lane persisted. Milne then got
angry and knocked Lane down. This
started a free for all fight in which
Silva participated.
Lane was elected or went out OF the
saloon. Before going out he endeav-
ored to apologize for being the cause
Of the row.
All were very much under the influ
ence OF liquor and Lanes apologies
were disregarded.
There was evidence that Lane made
remarks indicating an intention to re
venge h msclf. but statements regard
ing this are conflicting.
The witnesses to the tragedy stad
in the saloon a considerable time after
Lane departed, then left the saloon
and started for the hotel across the
street and facing the building in which
the saloon is located.
The two witnesses to the tragedy
testified that they alone witnessed the
blow which resulted in Silva's death.
Both testified seeing the knife in
Lanes hands. Both testified as to the
manner in which the blow was struck
when Silva was stabbed. This testi-
mony was adduced at the examination
and is a public record
The testimony given before the
Grand Jury is not public, but the
Times has authentic information that
at the time OF the inquest Mr. iauSer
directed a careful autopsy to be made
on the body of Silva. This was per
formed by Doctors Leavitt, Smith and
Douglass.
The autopsy disclosed that the knife
entered Silva's body about one inch
and a half below the left nipple. The
wound extended upward, piercing the
pleural cavity and the pericardium'
or heart sack, severing arteries, but
not piercing the heart.
The direction of the wound made IT
physical impossibility to have caused
the wound by the blow described by
the two eye witnesses.
The Grand Jury, comprised OF men
of the highest intelligence and stand
ing in the community, assisted by the
evidence carefully gathered and pre-
sentcd by Mr. Hauser, were unable te
Justify an indictments because the tact'