davidaulloa/AmericanStories huggingface dataset:
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23

est progress In road building ha,
been made in states in which a part
or all of the money is drawn from
the state treasury. The great prob
lem from now on is to see that the
money is wisely expended without
waste and without graft, remarks
Farm and Fireside.
"Red" Cliff Regan, who was ar
rested in the Montezuma district
twelve miles west of Gold6eld, q
few weeks ago pleaded guilty re-
Gently in the superior court of Inyo
county, CAL, and was sentenced to
twelve years in San Quentin peni.
tentisry. Clarence Beall, alias Won
Cochrane, and Lawrence Alan, alias
Alonzo Stillwell. Regan's accom-
plices. turned states evidence.
They said that the gang intended
to gather up about so horses IN
the vicinity of Goldfield and pro-
ceeded to Canada. Bpall and Alan
were turned over to the Kern
county, CAL, Authorities to answer
a charge of horse stealing.-Tri-
bune.
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23
NO GLIMMER OF
LIGHT IN PINEvILLE

Another Georgia town has voted
in favor Of saloons and here is the
"eason given by a citizen: "If we
are going to stand for u women
folks wearing shadow skirts and
slit skirts and transparent skirts,
and u younger women learning to
dance the boil weevil wiggle, the
Texas Tommy tango, tile bunny
hug. the bear dance, the half
centre, the buzzard flop and the
puppy huddle. and so on down the
line, then the men folk might just
as well have their saloons and the
whole push so to hell together. p
Pine3ille, Ca, Herald.
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23
DECORATION DAY NOTICE
To all Odd Fellows and Rebekahs;

To all Odd Fellows and Rebekahs;
All members of Elko Lodge No
18, Ivy Rebekah Lodge No. Is, and
all visiting Brothers and Sisters:
You are requested to meet at the
Odd Fellow Hall on Decoration
Day, Saturday, May 3Oth at 10 A.
M. SHARP, and from there march
in a body to the cemetery TO decor
ate the graves Of our departed
Brothers and Sisters.
G mmittee.--Advt.
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23

fore the accident. The dead mar
and the one who went away seemed
to be travelling together.
DR.. West was the next witness.
He testified to being called to the
scene of the accident between 4:3O
and $3.50 yesterday afternoon. He
found a man lying face down with.
body about half and half across the
north rail Of side track. The
body was practically cut in two and
the mar must have been dead for
20 minutes.
DR.. West searched the coat and
vest of the deceased and found a
black po%cketbook containing an
Identification card as follows: IN.
M. Salisbury. No 1928 Market Ave
East St. Louis, Illinois," and a
small gold watch the fob of which
bore the emblem Of the Order of
Eagles and the ver eth Illinois
State Meeting, JuEe II, 18, 10,
1918, Granite City"
j. L. Keyser testified that he was
called by the coroner yesterday af-
ternoon to pick up the body of a
man killed in the Western Pacific
yards and that he got there at near-
ly C o'clock. He picked up the
body and took it to the undertake
ing parlors. He made a search Of
the clothing in presence of the cor
oner and Deputy Sheriff Lamon,
and found q package of smoking
tobacco, some cigarette papers,
a handkerchief, two boxes of
matches and an empty envelope.
The man he judged was between Is
and 80 sears of age, dark and
somewhat curly hair, about 6 feet
tall and weighed about $50 pounds.
VIM. Rogers was recalled and
stated that he remained at the
scene of the accident until DR..
West came and that the DR.. was
the first n to touch the body.
From the evidence submitted,
the jury found that the deceased
a named N. M. Salisbury, nativ-
ty unknown, aged about 80 years,
and that he came to his death "by
being run over by a train, while
sitting on rail with back leaning
against wheel of car, after being
warned to move"
The man was evidently beating
his way across the country and was
nearly out of funds. A dollar was
found in the pocketbook., If the
man who had travelled with him,
had remained to testify more could
have been learned of the dead man.
Rogers and he were the only ones
to witness the accident and Rogers
knew nothing about the man as he
hid only met him a short time be-
fore the accident. For remainirg
to testify and assisting to clear UP
the accident, Rogers deserves
praise.
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23
men AND CIGARS

Because of his solemn garb a
cigar salesman W. s taken for a man
of the cloth and asked to make a
few remarks. He acceded to the
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23
Femlnine FaItb.

A woman is perfectly willing to In
trust her life's happiness 20 q man.
but she eve has faith enough In him
to permit him to pick out . $25 rug
Topeka Capital
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23
EranRrss. Itself

The Breezy one--I say, old man. II
you'll let me have the loan OF $50 ru
be eternally indebted to you.-Puek.
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23

lily on Mr.. Feddema and family.
He has the sympathy Of everyone
in his misfortune.
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23
SALMAGUNDI

Clouds" showing at the Rex to-
night.-A dvt.
Piano for Sale. Price reasonable.
Write Box II, Deeth Nevada
Adyt. 1wk.
An illustrated lecture on the
Philippines will he given at the
Episcopal church tomorrow night.
There will be a game of baseball
tomorrow between the .Elko reg
ulars and the Deeth team. See the
ad on the first page.
Judge Castle yesterday afternoon
acquitted Alex Brown Of the charge
ut stealing a steel tape. Brown
proved that he bought the tape
from another party.
Miss Alice Brennan, daughter of
Mr.. and Mrs. T. F. Brennan of
Pleasant valley, returned from
Stanford University, this morning.
She graduated from the University
with an excellent record of work
we'll done.
Lieutenant Becker has been con-
victed the second time of murder
in the first degree for the killing
of Rosenthal, the gambler, in New
York. Four gunner have already
died in the electric chair for this
murder and Becker is now pretty
sure to go the same way.
A woman leading g small boy
home by the ear created quite a
sensation on Idaho street at ,.ccn.
The boy was moaning and crying
and the woman was using Language
that would not Look we'll in, print.
We have her name, but will not
publish it unless she breaks out
again.
Attorney General Thatcher has
given an opinion regarding the pay
ment of the game licenses by per-
sons not citizens IF the United
States. 1t is the opinion of the
Attorney General that any person
who has declared his intention of
becoming q citizen is entitled to
the citizen license of 81, although
he is not vet a citizen.
No more stan lofts from RFpubIi-
cans or Democratic candidates
for the Bonanza. This is final and
irreVocable. At the last election
the Republican candidates were
taxed ten dollars apiece to de-
fray printing bills and every can-
didate came through with the
money, which was paid the secre-
tary. The latter never came
through with the funds and the
printing bills are still unpaid.-Bo-
nanza.
Emmett Boyle of the Nevada Tax
Commission has returned from
Churchill county where he went to
assist the officers in Strengthening
out s1me tax complications. The Tx
roll of Churchill for the year 1913
showed a valuation nf approximate
ly four and a alt mi.litn dbl RS;
unier tn? n " system rs inaugural.
ed by the Tax commission; this
year will show an increase of from
Is to 20 per cent bringing the
total up TO nearly $4,000, 0oO.-
Appeal.
DR.. F. w. Hodgins was called to
Silver City yesterday morning as a
result Of an unfortunate accident
that occurred at the school in that
place. 1t seems that they were
moving a piano to get Ready for 9
school entertainment, when the in
strument toppled over catching
the two underneath. A Bonham
hoy had his leg broken, and John
Quinn had one leg badly bruised,
although suffering no fracture Of
the bone.-Vireinia CITY Enter
prise.
Daily independent. [volume] (Elko, Nev.) 188?-1915, 1914-05-23

Undoubtedly a Tip.
Was 1t 9 genuine tip Rawson gave
sou on the stock market?" 81 guess
u was: IT. made me lose my balance"
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Dorsey Not Surprised

Solicitor Dorsey when he informed of the decision by
Georgian reporter issued the following
81 surprised fully expected the decision of the lower
to be affirmed have heretofore authorized
paper statement my opinion of Frank guilt although fire.
qunty the have quoted saying he guilty How
no. willing be quoted saying that there the
shadow of doubt in my mind the just
righteous Frank murdered little Mary
Luther Rosser chatting friend the when
Brandon of his partners with copy of the extra
Georgian announcing the verdict
Have you heard the news2 asked Mr. Brandon displaying
the paper
Mr. Rosser gave hurried glance.
"Whoopee," he exclaimed. 'That settles it doesn't it2
Mr. Rosser asked about plans for continuation of the
fight for Franks life
Wi you take the the Supreme Court of the United
States9'' he asked
81 dom know don't know, he replied refused talk
further
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Burns to Explain
Connection With Case.

Detective William j. Burns, accom-
panied by Mrs. Burns. will arrive in
Atlanta Wednesday morning at II
o'clock over the Nashville, Chatta-
nooga and st, Louis Railroad, and
will go to a suite of room at the
Georgian Terrace.
In the course of his lyceum lecture
at the Baptist Tabernacle Wednesday
night on American Citizenship"
Burns is expected to explain the con-
nection of himself and his agency with
the Mary Phagan murder case.
Last summer in Boston, in con-
versation with President S. Russell
Bridges. of the Alkahest Mr.. Burns
expressed a wish to have the opportl-
nifty at some time to make an expla-
nation to the people of Atlanta of
several mysterious incidents connect
ed with the case.
1t will be recalled that representa-
tives of Burns were in the city work
ing on the case following the arrest
of Frank, and that following their
presence it was reported in the At
lanta papers that Burns himself was
coming to the city. A movement was
started to raise a public fund to aid
Burns in the investigation. Then
rather suddenly all connection of the
urns agency with the case was sew
cred.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Ruling on ROdn's Doubt
And Jim COnIey's StOry

The two main points stressed in
the ruling opinion of the high court
are the question of perversion and
affirming the death sentence. on
both points the court rules that the
defense was not done an injustice.
Here is the text of the opinion con-
corning these all i'm ortant conten-
tions in Franks case;
We think this evidence was rele-
want for several reasons. In the first
place. the witness had testified that
on the day of the homicide the &C
cused said TO him, 81 want you TO
watch for me like you have been
doing the rest of the Saturdays" or
''as you did other Saturdays"
He then asked, Nov, tell what
kind of work you had done for him
the other Saturdays" and in answer
to this and other questions the tes-
timony was brought out in reference
TO the practice of the accused to in
dulge in lasciVious conduct in his Of
nee and in the building on Saturday
afternoons. and to have the witness
watch for him to prevent detection.
Competent to Show He Watched.
AS showing the occasion for his
presence at the factory at the time
when the crime was committed and
as explaining his peculiar opportu
nifty for knowledge in regard to IL,
and why the accused should call on
him TO assist in watching. and sub
sequently in removing the body, and
especially in order to explain the
statement that he was employed on
that Saturday as he had been on
other Saturdays, il was competent to
show how he had watched and for
what purpose on other Saturdays.
Having testified that the accused
had made reference to what the wit
ness had done formerly I'm directing
him what he was then to do. no rea-
son occurs TO us why he should not
explain the reference.
Again, the witness had testified
that after the homicide the accused
called on him to assist in removing
the body of the girl from the place
where she was slain, not far from the
office of the accused, and that in eX-
planning to him the situation, the ac-
cused stated that Il wanted to be
with the little girl, and she refused
me, and / struck her and l guess
struck her too hard, and she fell and
hit her head against something, and l
don't know how bad she got hurt. or
course, you know that | am not built
like other men"
Showed Accused's Desire.
According to the witness. here was
@ statement by the accused in con-
uection with the homicide and its
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Request to Charge.

The lower court declined to give the
following request TO charge: mo
presumption can arise against the de-
PENDANT because of failure to cross
examine any witness put. up by the
State, that the defendant was guilty
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

In the former case (of intent) the
act is simply to negative the innocanr
state of mind at the time of the ACT
charged. In the present (dsign or
system) the effort is to establish a
definite prior design or system, which
included the doing of the act charged
as part of its conSummation. In the
former case Gnten) the result is to
give a completion to the conceded act
and ends with that; in the present
case (plan or SYSTEM the result is 10
show (the probability a positive de-
sign, which in it's turn is therefore
evidence (probably) for the doing of
the act designed. The added element.
then, must be not merely a similarity
In the results, but such a concurrence
OF common circumstance that the va
rtous acts are naturally explained as
caused by a general plan of which
they are the individual components.
The dissenting justices, in dealing
with the 'onley testimony, said:
The general rule is that, on a prose
Continued on Page q, Column I.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

cause, arising from his desires and
the effort to accomplish them.
What did he mean by mot being
built like other rnen?" AS testified
to by this witness, it was something
that he knew and the witness which
Indicated abnormality. 1t was some
something that the accused thought of
sufficient Importance to refer to in
connection with the homicide and its
cause.
Were the jurors to be left in the
dark as to what il was that he knew
and Conley knew that indicated such
abnormal conduct in connection with
the murder?
Why should not the jury be permit
ted to understand what the accused
was talking about that was a subject
of common knowledge between him
and the witness?
However black it may indicate the
conduct of the accused TO have BEEN
there was no reason why the jury
should be left in the dark in regard
to 1t.
Smile Is Drawn.
Suppose. on the trial of one accused
of murder, it should be sought to
show that the accused was armed
with a deadly weapon, and that a
witness should testify that the ac-
eused said TO him about the time of
the homicide. You know what l al
WAYS carry in my pocket"
Would there be any doubt that the
witness would he allowed to testify
that the accused had previously in
formed him that he always carried a
pistol. or had on previous occasions
exhibited to him pistol in his pocket,
or on the trial OF one accused Of gam
bling in "a certain room, or of keeping
a gambling house there, If the State
should introduce witness who
should testify that the accused had
posted him on the outside of the room
and warned him against the approach
of any stranger. and had said TO the
witness that the latter do what he
always did in that room" would it be
Contended that il would not he COM
petent to show by the witness that
the accused and others on previous
occasions had gambled in the room
while he was watching for them as
explanatory of the inculpatory state
ment of the accused?
Threw Light on Deed.
This evidence was not admissible
merely because it may have shown
previous improper conduct or crimi-
neCted from the crime of which he
was charged, but because ii threw
light on the transaction under con-
sideration and tended to explain what
he said and did on that occasion, as
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17
Justices Fish and Beck
Give q Dissenting Opinion

Justices Fish and Beck, in their dis
senting opinion. confined themselves
for the most part to the vital contests
concerning perversion evidence and
the ruling of Judge Roam. They said:
I'm the case at bar the other jus
tees say in the prevailing opinion that
the evidence of Conley as to prior
acts of lasciviousness on the part of
defendant with other women was
properly admitted in evidence because
they tended to show common
scheme or plan of related offenses.
We take issue with them on this prop
osition In reference to the error of
admitting evidence of other offenses
as showing a design or plan, or sys-
TEN, on the part of the defendant to
commit the crime for which he is on
trial. Professor Whigmore says: The
object here is not simply to negative
any innocent intent at the time of the
act charged, but to prove a pre- exist
ing design, system, plan or scheme
directed forward to the doing of that
act
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

OF any particular act of wrong doing.
You should not, therefore. consider
this defendant because of such fail
ure to cross examine any State wit
ness has been guilty of any particu
lar acts of wrong doing
The request was properly declined.
The defendant offered in evidence
general good character as a substan-
tial fact in his defense The State
was allowed in reply to show that
his character for lasciviousness was
bad Counsel for the defendant elect
ed to omit any cross examination of
the witnesses of the State on the sub
ject.
One of the issues, brought into the
case by the defendant, was that his
general character was good. The
State joined issue with the defendant
as to his having a good character in
alleged to have prompted the act on
the part of the defendant which re-
suited in the murder,
Whatever transpires in a criminal
case appertaining to the submission
of testimony, the manner of exami
nation or the failure of counsel to
cross examine may be legitimately
discussed. and it for the jury and not
the court to pass upon the force and
erect TO De gwen 10 IHe arg uulenl. II
would therefore be an invasion of the
province of the jury that no infer
ence could be drawn from the de-
PENDANTS failure to cross examine the
witnesses.
Reference to Durant Upheld.
The court in discussing the Solicit
tor Generals reference to the famous
Durant case in California. to which
the defense strenuously objected, held
that the Solicitor was entirely within
his rights, and it was not grounds for
new trial The Solicitor General, in
his concluding argument, also re-
ferred to the Oscar Wilde and other
criminal cases. Error was assigned
because the court did not instruct the
jury to the effect that facts IN other
cases should have no influence upon
them IN making up their verdict. but
they should try the case before them
upon its own facts under the evil
dence The court holds this ground
to be without merit.
Several other grounds of the motion
for new trial complain of arguments
made by the Solicitor General and
failure of the court to check or rebuke
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

him, but upon an examination of the
arguments themselves and the COLO
quies connected with them there was
curing a new trial.
Objection was made to the Solicitor
Generals statement that it would not
surprise him if the defense had not
put up some of their family physi-
clans as experts for the effect their
testimony might have on the jury.
The Applause in Court.
With the vast amount of testimony
before it, with the arguments and
counters rguments. interruptions, OBJ
jectionS and controversies, the court
can not say that the argument of the
Solicitor General complained of, even
if it may not have been thoroughly
logical or well grounded, was an eX-
cess of the right of argument suf-
ficiently grave to warrant a new trial.
Upon the grounds that the verdict
was without evidence to support it,
the court, in terse language, held that
it was sufficient.
In reference tC applause and dis
order in the lower court, the Supreme
Court held this was not sufficient to
warrant a new trial
Several grounds of the motion for a
new trial related to alleged disorders
occurring in the courtroom and vi
cinity during the progress of the
trial. 1t was contended that one of
such disorders prevented a fair and
impartial trial. and furthermore that
the court should have granted a mis-
trial upon the motion made in the
concluding argument.
Jury Heard Only Two Outbreaks.
With reference to the various dis
orders complained of. the court was
authorized to find from the evidence
submitted that only two instances oc-
CURED within the hearing or knowl-
edge of the jury.
We deem it unnecessary to specifi
cally refer to those occurrences which
the jury and court officers declared
did not happen within the presence of
the jury and the assistance of which
the jury did not know until after the
trial. The defendants counsel com
planned of the conduct of the specta-
tors, whereupon the court below di-
rected the Sheriff to find out who was
making the noise. and presumably
this action was deemed satisfactory
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

and the orderly progress of the case
was resumed.
The general rule of the conduct of
the spectators during the trial of the
case will not be grounds for a re-
vers of the judgment unless a rule
upon such conduct is invoked from
the judge at the time 1t occurred. The
applause by the spectators under the
circumstances as described in the
court, is but an irregularity not cal
culated to have been sufficiently
harmful to the defendant.
Not Error to Deny Mistrial.
1t was not an error for the court to
refuse a mistrial, particularly upon a
motion made several days after the
alleged occurrence of disorder, and
after the case had been fully argued
and the charge of the court was about
to be delivered
Just before the jury was ushered
into the courts presence for the pur-
pose of rendering it's verdict, the
court had the room cleared of specta-
tors The verdict Of the jury was re-
ceived and published in the usual
manner. A request was made to poll
the jury, and after the polling had
begun loud cheering from the crowd
in the street was heard.
In order that the occurrence CON-
planned of should have the effect of
multiplying the poll of the jury, as was
claimed by the defense, it must APP
pear that its operation upon the
mindsof the jury or some of them
was of such controlling character that
they were prevented or may have
been prevented from giving a truthful
answer to the court
We think the affidavits of the jul
rors submitted in regard to this &C.
currence were sufficient to show that
there was no likelihood of any such
results. This is not sufficient
grounds for a new trial
The record in this case Is volumi-
nous.
Comment on Wife Upheld.
The main opinion in reference to
the failure of Franks wife to visit
him just after his arrest the court
makes the following comment:
Exception was also taken to the
courts permitting the Solicitor Cen
eral in his argument to comment
defendant to cross examine certain
also to comment upon the failure of
the wife of the accused to visit him
in jail.
AS to the latter the accused in his
statement had referred to the failure
of his wife to visit him soon after his
Incarceration, and had given an eX-
PLANTATION of it: and the Solicitor had
a right to comment on the statement.
of the decision which reflect clearly
Here are the concluding paragraphs
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

According to the witness. here was
statement by the accused in con-
uection with the homicide and it's
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-17

then forth that there only few exceptions to this rule and
the
The opinion further
Justices the prevailing opinion that
properly
We with
this proposition
exemphfcaon of the contention
in
dissenting
Opinion of pages