The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1921-01-15

l
In the hallway OF the Overland. Natu-
rally he felt that II he frsquented the
place he might catch this person in
the act of transfer. Upon being ques-
toned by Robins he refused to betray
the person who had confided in him
and would not tell whom 1t was that
he suspected. Hickam told how Davis
had warned Nelson and "the big stiff
who follows you." meaning Hickam,
to stay out OF the hotel unless they
furnished search warrant. in which
case he would be glad to show them
any room in the building. Hickam
also testified that he and Nelson, upon
this particular night, were looking
for the suspicious looking character
mentioned by Nelson. in order that
Hickam could keep line" on him
during the night
II being noon when the examination
Of Hickam was concluded. recess was
taken until 80, at which time Nelson
was called back to explain more fully
where he had seen this suspicious
character and to state just why he
looked suspicious.
Davis then took the stand and upon
being examined by Robins stated that
the hallway in question was not a
public thoroughfare and that it was
used only for hired nelp, trades peo-
pie and sometimes by diners who
| wished to eat in the small dining
rooms. He stated that his business
had been impaired through frequent
visits of these officers and that he
had told them to stay out of the hall
way He stated that Nelson was go
| ing to go through anyhow and threat
ened bodily injury-that Davis would
find himself with another black eye.
Davis asserted that Nelson did not
have any specific purpose in mind
beside showing that he could go
through if he wished.
Cross-examined by Brandon. Davis
I, stated that in the past he had ex-
cluded undesirables from this hall.
but only persons whom he had sus-
pected of evil intentions. He admitted
having taken hold of Nelson and also
stated that he might have called him
a few names before telling him to
make his arrest
After all witnesses had been heard,
argument of different points of law
was taken up and all questions SIM
mered down to two points-whether
this passageway is public or private
hall and whether or not Davis was in
terfering with the officer in the dis
charge of his duties. Brandon cited
different passages from law books and
went into details of the hallway and
adjoining rooms, pointing out that
they could not be private to the off,
GERS and at the same time be open to
the public. He maintained that an
officer is privileged to go anywhere
the public is admitted and explained
further, quoting from law, that an
officers duty is to be vigilant in de-
tecting crime, and in order to do this
he must go into places where crime
might be carried on. Brandon also
| pointed out the fact that Nelson had
specific purpose in going there, In
| looking for suspicious character,
and that II this difficulty had occurred
in any other public thoroughfare in
the city there would have been no
question as to the verdict. He ex-
planned that a fire warden would need
no warrant to enter the building, even
though there was no fire If he was
looking after his duties, hence why
should an officer of the law. Another
point he brought out was that the
testimony showed Davis had said any
body but Nelson and that big stiff"
can 60 through there, and that part OF
the interference had occurred in the
saloon part of the hotel. which he
said was certainly public. He said
that the booths are part of the cafe
and for the use of the public. and that
the hall must be used to gain entrance
to these booths. That the publicswas
invited to use the hallway. Brandon
claimed, is evidenced by the fact that
the doors to the hallway are never
locked or closed, and that the doors
to the dining rooms are never closed
unless patrons close and lock the
doors themselves.
Robins resorted to sarcasm during
his argument that drew outlaws from
pimps and gamblers in attendance at
the trial. He said Nelson had no spe-
cific duty in the hotel and compared
the booths with rooms upstairs. say
ing the action of the constable, In his