White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1918-04-28
JUDGE SCATHES.
PRISONER WHEN
GIVING SENTENCE

The April term of the Ninth Ju-
aicial District court opened Monday.
hefore Judge C. J. McFadden. The
eourt calendar for the week ending
Yesterday was devoted entirely to
criminal cases, and resulted in a
manner reflecting credit upon the
work of District Attorney George A.
Whiteley. In the five cases consid-
ered there were four convictions
with prison sentences, and one dis
missal. The latter was Jack Wright,
arraigned on the charge of selling
liquor to an Igdian. District Attor-
ney Whiteley decided that the evil
denee was not sufficient to warrant
a conviction and ordered the case
dismissed. Wright had entered a
plea OF not guilty.
Nick Lapolla, charged with the
murder of Indian Bull Creek Char
ley, at Hamilton. last Thanksgiving
day, was found guilty Of murder In
the second degree. The murder was
the result of a drunken squabble
that ended with the killing OF the
Indian and the serious wounding OF
q squaw, Moilie, after the Indians
had beaten up Lapolli. II. W. Ed
wards, attorney for the respondent.
Lee Anderson. for an attack upon
F. e. Carlln In dispute over
question OF wages, was found guilty
Of assault with intent to do bodily
injury Attorney b. b. Belcher for
the respondent.
Tom Surle, an Austrian, was con-
yicted of forgery, his troubles cul-
minating through the passing OF a
bogus check for s25 on Robert
Brady. Attorney c. A Eddy for
respondent.
Harry Sweitzer. formerly employ
ed az solicitor and collector for J. o.
Mcintosh. proprietor OF the Olympic
xholesale liquor house. was found
guilty of embezzlement. having col
lected money which he never turned
in to his employer. He was tried for
tho theft OF q ten-gallon keg OF whis- |
key valued at $3.50. A. b. Light
foot for the respondent. In all these
cases named. the prosecution was
conducted by District Attorney
Whiteley.
Sentence In all four cases was
passed by Judge McFadden. yester-
day, as follows: Lapolla, ten years
TO life at hard labor In state prison;
Anderson, not less than one year nor
more than two years at hard labor; |
Surle, not less than one year nor
more than IA years at hard labor;
sweitzer, not less than two years nor
more than IA years at hard labor
In the case of Lapolla, the respond
ent changed counsel just previous TO
receiving sentence, and employed At
torney Eddy with the view to appeal
for a new trial. Judge McFadden
therefore extended the time for pass
Ing sentence from 2 until 4 o'clock.
At the latter hour. Attorney Eddy
announced that such examination OF
the evidence as the time allowed led
him to believe that It was not SUI
acient upon which to base appeal.
and sentence was passed.
In passing sentence on Harry
Sweitzer, Judge McFadden scathing-
H denounced the prisoner at the bar
as Stacker, who In this hour OF his
country's peril should be at the
front, instead of facing the situation
be was in. 1t appears that Sweitzers
trial has disclosed facts rejecting
strongly upon his character as a man
and citizen, aside from the crime
upon which he was convicted, and
the Judge stated that during the COM
Ing years of his incarceration ne
would have opportunity to prove
whether or not he had any manhood
nim. He told the prisoner that =.
was the first instance In his expert
ence as Judge. where a man in time
Of HIS country's peril. had sought TO
hide behind q woman's skirts. refer
ring to Sweitzer's wife. who had
signed his QUESTIONABLE for him.
Sweitzer, through Attorney J. M.
Lockhart, who appeared In the ap-
sence of Attorney Lightfoot, made an
appeal for clemency because OF the
prisoners wife and child.
The court will convene again to-
morrow and adjourn until Monday,
May 6. when civil cases will be taken
up.
The prisonars santenced Yesterday