White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1920-04-11

court Adam Lalie of McGill was
brought to trial before a jury on q
charge of selling bootleg" whiskey.
The defendant demanded trial by
jury which was granted by the court.
Attorney Anthony Jurich appeared
for the defendant.
The witness for the state testified
on the stand that he had entered the
place of business of Lalie and there
purchased whiskey.
From the appearance of the jury
as expressed by an observer, It looked
to be "hand picked" and a convic-
tion was considered certain.
The jury, after hearing the evil
dence returned In q short time with a
verdict OF mot guilty" which ap-
peared TO be a surprise TO the judge
who did not hesitate to express his
opinion.
After the verdict had been handed
in and filed Judge Collins. address,
ing the Jury. said:
Ladies and Gentlemen: In thank
ing you for your services and atten-
tion In this matter let me say that
this verdict Is exactly what / expect
ed Il would be and this case should
at least bring home to you who have
diligently listened To IL one thing.
and that Is, how difficult IL is to get
convictions in these cases. | know
that there has been considerable crit
icism of county officers in general
recently and this criticism has been
brought about by reason of the fact
that many of our best citizens do not
\ know how difficult 1t is to control
this illegal traffic and | fear that in
made without mature consideration.
Take the case on which you have just
passed. for example. This defendant
certainly should congratulate his
counsel upon obtaining his acquttal.
but fear IL he does offer such con-
gratulations his counsel will reply in
the phrase made famous by Gilbert
Parker i'm THE Right of Way
Get out OF NV sight. you're as guilty
as hell
"Wnen | say this man was guilty 1t
is not mere speculation on my part.
because he came TO me and asked 10
be allowed to plead guilty with the
assurance that he would be given the
minimum fine under the law and no
jail sentence. This was refused and
he then demanded jury trial"
why did you not tell us that"
Immediately asked some of the jurors
in chorus.
Had told you that from this
bench" replied the judge. let me
point out to you what would have
happened. You would have broueh;
in verdict of guilty
we certainly would" interrupted
some OF the jurors.
And 'thereupon.' replied the
Judge, had | imposed sentence, the
ink would not be dry on the commit
ment when counsel for this defend
ant would have had laid before Judge
McFadden his papers in habeas cor
pus proceedings. and while know
ing, as l do. how reluctant Judge Me-
Fadden would be to turn the man
loose, his duty under the law would
be so plain he would not hesitate
to perform his sworn duty and this
defendant would leave the court
house, ! might almost say, rs soon
as you will be permitted to leave and
lust as free. know you took into
consideration that the state had only
one witness and Il was the word OF
one against the other. OF course the
defendant said he did not sell the
hquor. but did you stop to consider
the Interest he had In the testimony
he gave. Again remember that the
state can't be particular as to the
character OF witness IL is bound to
depend on In these cases. Gentle.
men OF your standing in the COM
munity, to say nothing OF the ladies.
10 not visit the places where liquor
Is sold and consequently no evidence
from those of your type Is available.
Wy sole purpose in addressing you as
10 Is TO impress upon you the fact
'hat county officers in general are
not responsible for the illegal traf-
nc and much OF the criticism is un-
just. This case has been submitted
" the very best jury believe II was