The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1920-07-30

The charge against w. Kaulbaugh
of Caliente OF having an Illicit still in
his possession was dismissed last
Tuesday by Justice Of the Peace Franh
Palmer of Caliente. on the ground OF
insufficient evidence to convict in the
higher court. Attorney Luke ]. Me-
Nance for the defense and Proseeut-
Ing Attorney A. l.. Scott went down
from Pioche to attend the trial
Mr.. Scott first called Sheriff William
Culverwell and Deputies J. l.. Denton
and l.. c. Denton. who made the ar
rest TO the witness stand, all of whom
related the same story with reference
to the search at klondike Wells, and
each corroborated the others story in
regard to the capture of the still in
kaulbaugh's residence in Caliente. Ac. .
cording to officials, the still was prac.
ticaiiy complete, there being offered
In evidence one five-gallon copper ket-
tie and worm, one brass tube connec-
tion. one rubber hose connection. on,.
specihc gravity testing instrument
which Is used to ascertain the alcohol
content, and three vessels containing
one-half gallon each Of liquor
When the parts Of the still and the
liquor were offered in evidence by the
district attorney, Attorney McNamee
FOR the defense objected on the ground
that man had a right to have a rea-
sonable quantity of liquor in his ow,,
home and on the further ground that
the still as offered in evidence was in
complete. This objection was sus-
tanned by Justice Palmer and the dis
trfct attorney was forced to continue
the night without the vital evidence of
the still parts and the liquor
Attorney Scott has Informed the
RECORD that Justice Palmer remarked
during the trial that this man is not
gong to be bound over, anyway, un-
less you prove to my absolute salts
taetion that he is guilty" This atti-
tude Is amusing when it is considered
that the laws of the state of Nevada
plainly say that defendant shall be
bound over to the district court If
there Is probable cause for guilt
shown.
w, A. Theyson, manager of the Cal
iente Pharmacy, was called to tho
witness stand and testified that o.,
July IL Kaulbaugh came to him and
asked to borrow his overland car. but
we'll he (Theyson) was not over
anxious to allow it to go out. but he
agreed to accompany the machine and
40 the hauling himself. Theyson was
certain that he did not know where
they were going when they left Cali
ente' put said that after some little
time driving they landed at Klondike
Wells. where they found Waddeu.
kaulbaughs partner, and the other
member of the alleged gang of moon
sinners, who, according to Theyson,
mixed up batch of gems, which were
baked and eaten with molasses. the
latter being taken from the contents
OF a barrel on the place. After the
meaP' was finished, Theyson testified.
the other members of the party rolled
up some bedding and also loaded
large box into the automobile, They
son being told. he said, that the box
contained cooking utensils. Theyson
was so certain that it was not a still
that he hauled it to town on this oc-
casion. He testified that he was sur
prised to find Waddell at the Klondike
Wells. as he had believed him IN he
in Salt Lake.
They left camp for Caliente Thew
son said, about $3.50 p. m, but broke |
uoWn on the road In and were rescued |
py sheepman. who took the load on |
into town, arriving there at 2:3O a. m.
on July Is. Theyson admitted that he |
oroVe through the back alley to the
real or kaulbaugh's and Waddell's |
home, where the load was taken from
the machine.
Theyson said he never saw wadde1
again, and that it never occurred to
him (Theyson) to ask an explanation
Tor the curious manner in which the
load was handled and the fact that
they reached the house through back
alley. ETC. He said It was none Of his
business. although he received no pay
Tor making the trip to Klondike Wells
He further said that II was not at all
unusual for him to leave his business
N Caliente and embark upon Pilgrim
ages into the country for which he re-
,eived no pay.
At the conclusion Of the evidence
lor the state the defendant, w. Kaul-
'augn' onered no evidence whatever
'nd Justice of the Peace Palmer Inn
neoiately ruled that there was not
enough evidence to warrant the de-
being held for the district
'ourt' and he was accordingly dis
'harged.
2. Waddell, Kaulbaugh's partner.
or Whom q warrant was also issued.
ias not been found and 1t is believed
nat ne has left the state. He will be
'rrested as soon as apprehended.
ihcldsnts relating to the search OF
ne Aiondike Wells haunts of the men
sno We're under surveillance by the
'mcers are indeed interesting to the
ssuai reader and are here outlined AZ