Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1912-11-23

| something to eat. They had at least
one round apiece.
| found from other testimony that
would be brought out by the State that
the men INDUCED in a general row.
find circumstances that will impeach
not the truth or veracity of the wit
nesses-but the character OF their tes-
timony and statement, and | believe
and | believe your Honor will agree
with me--that no man can take ten or
fifteen drinks on an empty stomach
and remember the details of a kill
ing like this We had an autopsy. The
| wound in the breast was made an inch
or an inch and half below the left
nipple and ranged upward. From the
testimony given at the preliminary,
/ strong as it was, it is absolutely i'm
possible-a physical impossibility-for
the defendant to have struck the blow
as these two witnesses, who alone
were there, testified it must have been
struck, because, they both said that
the knife was held this way Showing
the knife), and both hands were raised.
The only man who saw him strike the
blow, or heard it struck, says the knife
was in his hand that way (showing) 1t
so, it was a physical impossibility for
the blow to be struck that way. The
other witness testified while he saw
the knife in the air the blade was held
that way (indicating), and it would be
impossible for that blow to be int1ict-
ed in that way--as the witness testi-
fed that it must have been inflicted.
If the Court please, there are twelve
witnesses, who are proper witnesses
for the prosecution, and there are wit
nesses, every one of them contradict
these two men in some important
parts of the testimony, the testimony
of Slower and Milne.
Now there are a number OF theories
that may be advanced, and | say to
your Honor, | do not believe this case
cauld be brought before body OF
more intelligent and honorable men
than the Grand Jury that has inves-
tigated the matter. | brought this evi
dence in to see whether they would |
desire it placed the testimony OF
the State wholly at their disposal, and |
then being called into this court room |
to try another case asked the Grand
Jury if they could get along with the
balance of the witnesses, and they |
stated they could do SO, and If they |
needed me they would call me. /
know from the manner in which that
Grand Jury took the matter in hand
and investigated it, and | know that
there could be no more careful. impair
tial and fairer investigation than these
gentlemen have made of this case
and | assure your Honor that | will
stake my reputation as lawyer, that
there is no living body of twelve men.
hearing the facts as they were brought
before this jury will find an indictment
If you can find body OF twelve in
telligent men who will do so, you can
not in the entire State of Nevada find
a jury who will convict him on the
testimony that will be produced by the
State.
| make this statement in this mat
ter earnestly and sincerely, from the |
bottom of my heart, and with sorrow |
for tie death of this young man, Silva |
| have communicated with his mother |
He was good boy; he was boy who !
was always kind to his mother, and
she did not know OF his being in any,
trouble ever before had that to con
into this case carefully and fully, and
if there had been such evidence as
would have warranted the prosecu
ton of this case, would have never
made this statement as earnestly as !
have, in this courtroom. | do not be
lieve it is the duty of the prosecuting
attorney to bring case into court and
insist on an indictment where he
knows it is not question OF equal
| chances, and where he knows it is a
question of absolute impossiblity to
bring twelve men to find verdict for
| the State | do not believe that the
duties of the prosecuting attorney are
such that he must try man whether
he believe him guilty or not. do not
know what the duties of the prescott
ing attorney is to bring a case into
court unless it is believed a conviction
may be had
never yet manufactured evidence
and ! do not think this case could
possibly be brought in any court with
out manufactured eveidence to prove
the guilt of the defendant. have
watched this Grand Jury carefully and
| rotaI tha s,,vac ton nf tho