White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1920-05-09

ute8 OI uellDcIuttuu, thc jury III ehS
case of State of Nevada against Leon
ard w. Frisioe, charged with mur,
der In the first degree of one Arthur
st. Clair, constable of Deeih. a
verdict of guilty was returned with
the recommendation that life SEN
tence be given instead OF the death
penalty which In this state Is ranging
OF shooting a the convicted man
chooses.
The closing argument for the state
was made by Attorney G. F. Bore
man about 3 p.. m. The officers Of
The court we're sworn TO take charge
of the jury. which retired at $40
D. m. Shortly after 5 o'clock the
jury was taken to supper by the cffi-
GERS and In a short time after sent
the announcement to the court that
a verdict had been obtai lei.
The defendant when brought into
court to hear the verdict was per-
fectly calm and remarked as the jury
was leaving The Jury room for the
court room Come on, turn me loose
or hang me-
When Judge MeFaddcn ordered
that Leonard w. Frlstoe be remand
ed to the custody of the sheriff after
the reading OF the verdict. Seriff Ems
low reached for his handouts and
Fristoe extended his hands for the
irons with quiet smile and walked
calmly frc.n the court room with
officers.
The trial opened Monday morning
with the business of selecting the
Twelve jurymen to try the case. Sew
On pre-emptory challenges out of
the eight allowed by law were used
by the state and the defense before
the jury was finally selected. At
torney G.. L. Boreman. associate
counsel for District Attorney Ed
wards. examined the jury for the
state and Attorney c. A. Eddy ex-
amined for the defendant. During
the examination OF the jury'nen call
cd. Attorney Eddy questioned the
Jury closely relative TO their under
standing of self-defense, explaining
that the law of this state considered
the killing by one man OF another for
attempting the life of a third party
present. as an act OF self defense.
In replying to the inquiry by the at
torney for The prosecution as TO the
juryman's belief in capital punish
ment, several were excused on chal-
ienge owing to tha conscientious
scruples OF the death sentence.
The first day in court was consum-
I'd In selecting the jury which was
sworn and given In charge Of the
court Officers until the opening OF
court Tuesday morning.
At the opening of court Tuesday
morning, the information filed by
District Attorney Edwards, charging
Leonard w. Fristoe with murder In
The hrst degree was read to the jury
and the district attorney proceeded
TO make his opening statement to the
jury. In his opening address the dis
irict attorney said Gentlemen of the
jury, tho facts of the case are these.
when he was interrupted by the at
torney for the defense, who objected
TO the court that the district attor-
ney did not know the facts and that
his statement to the jury at this time
was not correct. District Attorney
Edwards then proceeded to narrate to
the jury the story of the killing.
starting from the time that Fristoe
and Bell took the Ford car at Deeth
and following them on their "Trip
that brought them to the spot
where the shooting took place. Here
Attorney Eddy for the defense again
objected, stating that such chron-
icle of events was not proper for the
district attorney to make, as 1t Inn
pressed upon the minds of the jury
a series of events before they we're
brought out In court. After some ar
gument between attorneys the court
ruled that the district attorney would
not be allowed TO proceed with his
statement In that form. and Mr.. Ed
wards then told the jury that the
state would prove that on February
20 Arthur ST. Clair came TO his
death at the hands of Leonard w