The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-08-17
OBJFCTTO EVIDENCE
OF ELMA FOR0UER

The preliminary examinations of
James O'Donnell and Mrs. Elma For
quer, on the charge of having murdered
W. II. Forquer on or about the fifth
day of July last, were commenced yes
terday before Justice Dunn. Defend
ants are being given separate exami-
nations, and the State elected to hear
the O'Donnell case first. The case is
being prosecuted by District Attorney
Powell. and defendants are represented
" Sater, Robins & Frame, Judge G.
Z Robins and Judge j. NJ. Frame be-
ing present.
The first witness called was Sheriff
s. G. Lamb. His testimony was to the
ene that on July 5th he was called
on by Grant Taylor, taxicab driver,
about O'Clock in the afternoon and
told by Taylor that he had found the
dead body of Forquer in the barn of
the deceased The sheriff then notified
Coroner Dunn and, with Taylor, pro
eeeded to where the dead body was
found They found the body lying on
the left hand side Of the barn on a
platform, some five feet from the
ground floor, along the rabbit pens. At
this time parties who were present
picked up two empty shells on the
stairway and platform on which the
bodv was found.
The sheriff gave description Of the
barn and other relative positions MI
nutely.
The following morning he returned
to the barn and on further examination
found on the right hand side of the
barn two piles Of timbers with three
foot space between. He also found an
eil can placed between the timbers,
making a resting place for some one.
Tracks at this oil can showed that some
enc had been sitting there. At this
point he picked ont two empty shells.
The screen Of the timbers was such as
te hide the assassin from ready OBJ
servation and likewise afforded an an
gle such az the upward course Of the
bullets indicated.
sheriff Lamb was briefly eross-ex-
amined. after which Richard See was
called and testified in regard TO an
examination of the barn the next day
after the BODY was found and an in
effective search he made for the rifle
used by the murderer. He saw tracks,
evidently made by the murderer lead
ing from the barn.
Or. Swezy. who. with DR. Giroux,
held the autopsy on Forquer's body,
was the next witness. He was followed
hv Dr. Giroux Both testified rs 10 the
three bullet wounds in the body.
Today's Proceedings
This morning sheriff Lamb was re-
called by the State, and identified bul-
lets and shells found in the barn where
Forauer was found murdered, and elo-
thing worn by deceased at the time.
Percy Carlson. the undertaken, was
called and testified that, in his Judg-
mont, Forquer had been dead from ~
70 "a hours at the time the body was
found.
Mrs. Elma Forquer was next put on
the stand bv the State, and sworn.
when defendants counsel objected 70
her testifying, on the ground that she
was an incompetent witness, being
Jointly charged with defendant with
having committed the crime. As coun-
sci for the witness. Messrs. Robins &
Frame objected to her testifying, not
ON the ground that she might incrimi-
nate herself. but for statutory reasons
Sections 7l60 and 7l6s, Revised Stat
utes Of Nevada, provide that person
cannot be compelled TO testify against
on alleged accamplice in crime, except
al their own request. but in case they
are acquitted and discharged by the
court may be compelled to testify. Mrs
Forauer declined to make the request
to testify, but offered 20 tell all she
knows of the ease provided she is ae-
quilted of the charge by the proper
authorities.
Judge Dunn took the motion under
advisement until 10 o'clock tomorrow
morning. AS the State had no further
witness TO put on the stand before this
point is decided, court took an adj
journment TO the hour named.
In ease Mrs. Forquer is not compell.
ed to testify. it is presumed that
O'Donnell viii be discharged, as it :
thought he was arrested upon some
statement made by her while in Jail at
Redding.