White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1920-05-23
THE FRlSTOE TRIAL
AND VERDICT

the evidence in open court In THE
case of the State of Nevada against
Leonard W. Fristoe on trial for the
killing of Arthur st. Clair and
brought in their verdict free from
the influence OF revenge yet giving
the man on trial the extreme penalty
of the law warranted by the actual
evidence submitted.
If Leonard Fristoe had not told
the story of the shooting and given
the state a basis on which to build
the evidence for the prosecution.
there never could nave been \ con
viciion. The only other person near
the scene If the shooting could MOI
throw any light on the affair. lie
could only tell that he saw his conf
panions walk away in the brush,
heard several shots fired, saw the
form of a man moving through the
brush in a bending position and moth
ing more beyond the securing of as-
sistance and of later finding the
DculeS OF MS coHl1dutS-
Emf Y shells found where each
party was reported to have stood.
we're introduced by the defence and
the state could not dispute the evil
dence.
Every right of the sta.e was DID,
igently protected by the presiding
Judge and many a motion and OBJ
lection by the attorney for the de-
fence which appeared TO be good was
overruled by the count on the ap-
p~lication OF the finest points of law.
There was unquestionably a feature
of doubt in the case and the state's
evidence lacked the features that
make eireumstantial evidence con-
vincing beyond a reasonable doubt.
The principal witness for the state
admitted taking of the guns which
figured in the killing and conveying
them out OF khe jurisdiction of the
court.
Judging from the inside Informal
ton that the Wells and Elk critics
have given TO the newspapers since
the conviction of Fristoe, there APP
pears to be more in the testimony of
Fristoe than was at first credited,
when he testified that there were
four men in the pursuing ear. The
witness for the state who was sup-
posed TO be the only other party neer
the scene of the shooting knew moth
ing of the events. bur judging from
the evidence that has been brought
to light In Elko county newspapers
was afraid to appear and hang the
defendant.
Since when has the supreme court
been removed TO Elko county. When
was the innovation made that put
the judgment of editors and deputy
marshals. above the rulings of a iis-
resentative jury?
Where did the Elko newspapers
e1t nv ctot ~ ohoS ooth OPiAAoiiF
and make such unfair critisms of the
administration of justice in White
= Pine County. There was not Il sign of
a representative from Elko county
outside of the witnesses called by the
court.
The loyal y TO Nevada makes il
.aafnfr1 70 arffi1a n afuh1ar,a .nnn
ty, but il Elko will persist in throw
ing stones there is a chance mat
glazing will be necessary when the
attention is called TO that certain
case which was tried after an appeal
to the supreme and a change
Of venue was granted. The case of
Patsy Dwyer is not a matter of hear
say but cour. records. This man
came into Austin a stranger and shot
down two well known citizens OH the
main street. A. c. Williams was
killed instantly and his companion
badly wounded. The case was tried
in Lander county and Dwyer was
convicted and sentenced TO be hang
ed. The spirit of revenge was so sp-
parent on the part of the jury that
the attorney for defence produced
enough legal exceptions to warrant
the supreme court granting a G
trial and a change of venue The
Ease was tried in Elko county and
the jury set Dwyer free.
The jury in the above case acted
as they believed right and no ore
man should find fault with the action
of twelve men sworn 10 do their
duty. The jury trial is one of the
foundations of this great nation and
it is the duty of every citizen to as
sist justice in Its administration. The
possessor of testimony that may
changs the balance in the scales
should not withhold 1t until the