White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-05-19
NEVADA STATE IN THE MAKING;
. EARLY DAYS OF CHERRY CREEK

cure counsel We agreed, however,
that IL he would grant us four days
we would then be ready to proceed
with the trial.
The continuance was granted by
the justice, and the doctor was then
advised to at once get busy among the
boys about town, making acquaint-
ances and setting up the drinks oc-
casionally. while the writer went to
Ely to gather further legal ammuni-
tion. This trip proved fruitful, for
an examination of the county records
showed that neither Justice Cannon
nor Leonard. the prosecuting witness,
had filed the required certificates to
entitle them TO practice dentistry.
While the writer knew that "a simple
affidavit from the clerk or recorder
was inadmissible IL objected TO by
the state. be believed that he could
at least get the facts before the jury.
For three days the writer diligent-
ly studied the statutes and discovered
"A number OF laws that few people
knew about and which had never
been enforced One of these pro-
vided that a wood hauler or wood
chopper was subject to fine OF from
$3.50 to $500 for cutting or hauling
wood on the hills without first buy
ing the land on which the wood grew
Another provided that no saloon
keeper could keep his bar open after
noon on Sunday or after midnight at
any time under heavy penalties; fur
ther, no married men was allowed to
play cards i'm a saloon provided his
wife or dependents filed an objection.
Likewise. under the Hamill anti
treating law no man was allowed to
treat another over the bar. Violation
of these statutes carried fines OF from
$3.50 10 $500. with Imprisonment OF
six months
Armed with all this legal lore the
writer returned To Cherry Creek and
demanded a jury trial for the de-
fendant. passing every wood hauler,
married man and saloonkeeper as
Jurors. The jury box was soon filled
and the venlremen ready for peremp-
tory challenges, but the defense reg.
ularly passd its peremptories. The
prosecution. ignorant of the number
allowed the state, had soon exhaust
ed Its quota. and then, falling into
the trap as the defense had hoped for
attempted TO challenge one more
Juror This yenireman was Charles
Phalan. and when defense counsel
explained that the state had no right
to challenge Counsel Wearne at once
apologized To the juror. The defense
was well satisfied. however. that Mr..
Phalan. who had just become OF age,
would feel resentful toward the pros
ecution for challenging him on ac-
count OF his youth. and that the
worst that could be expected was q
hung jury.
When the jury was sworn in the
defense counsel at once began to
read the old statutes which proved
that three-fourths OF the jurors were
lawbreakers and that both the judge
and the prosecuting witness. who had
been practicing dentistry without FL
ing the necessary certificates. had
violated the very law for which they
were prosecuting Mccaffery. Counsel
also proved that the prosecuting at
torney. who had been cutting wood
and hauling timber for years, was
criminally liable under the statutes
After stressing the penalties provided
for violations of these laws counsel
for the defense insisted that not only
should the jury find the defendant
not guilty but that II should also find
the dental law of the state nnconsti-
tutional and authorize the defendant
to practice his profession without
further molestation.
SO strongly was the Jury impressed
that the first ballot was eleven for
acquittai and for declaring the law
invalid. w. A. Watson. while strong
for acquittal. somewhat doubted the
Jurisdiction OF the talesmen in de-
claring the law unconstitutional.
However. after considering the mat
ter Mr.. Watson, who was true son
OF his father and strongly opposed to
seeing the under dog get the worst
OF il, decided that he would take q
chance ana the second ballot was
unanimous for declaring the law In
valid.
The verdict Of the jury was re-
turned at 1880 p. m. and thereafter
began a celebration which was note
worthy In the annals of Cherry Creek.
SO pleased was McCaffery that he
spent the $3.50 which he would have
been fined In entertaining the town
and every man in camp got drunk
except the judge and the prosecuting
attorney. Even Leonard. the prose-
cutting witness, who had passed his
allotted three-score years and ten, In
the midst OF the celebration jumped
on billiard table and offered to bet
Billy Bassett his favorite rattlesnake
against a round of drinks for the
town that McCaffery could put a bet
ter polish on n set of teeth than any
dentist in the state. McCaffery was
great mixer and could play any
kind of n musical instrument. could
sing and call out dances and was pop
silar in any company in which he
found himself He was still making
his annual visits to White Pine coun-
ty when the writer left the county in
1904.
ANNOUNCEMENT.
As numerous persons have inquired
OF me II my being district attorney
precludes me from continuing my
-. -. a.