White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1921-11-20
SINGLETON CLEARED
OF CHARGE OF THEFT

The case of the state of Nevada
against j. II. Singleton and Herbert
miller, which was tried before Acting
Judge w. K. Orr and a Jury in the
district court last Monday and Tues
day, resulted in an acquittal of the
TWO defendants by the advice OF the
court on the ground that there was
not sufficient evidence TO warrant a
conviction.
Little difficulty was experienced in
selecting a jury and the twelve men
sworn TO try the issues were Frank
Zadow. s. b. Elbert, Pharo Arnold
son, @. II. Gubler. Curtis H. Bort.
Dan 1. Nicholas. Andy c. Barr. Carl
r. Muir, ID. T. Stong, r. j. Belding,
w +. Alla,d and c. A. Matson.
The state produced as witnesses w
II. Abel. president of the Abel-Curt-
ner Livestock Company. owners of
the cattle alleged to have been stolen;
John ii. Rowland, Louis Yelland,
Graham Quate, George Rodgers and
Walker Peanum. an Indian.
The defense did not deny that GER
tain cattle were stolen from The Mil
Ter field In Spring valley after they
had been placed there by Mr.. Abel
but relied solely on the fact that
there was nothing to connect either
OF the defendants with the theft.
The state produced evidence TO
show that after the cattle were placed
in the field Mr.. Abel. with men in his
employ. drove the dry stock in the
herd north into Elko county and later
returned to pick up the cattle left in
Spring valley, when il was discovered
that some were missing An investi-
CATION showed that the tracks of n
bunch Of cattle. followed by two shod
horses. left the field and went In an
easterly direction. These tracks were
followed across the mountain and a
few DAYS later eight cows and eight
cen calves were found In a field
about two miles from the Singleton
ranch at Candy. Utah
Much stress was laid on the evil
dence of the Indian, who said that he
saw Singleton driving a bunch cf
about thirty head of cattle in the di-
rection of the field on May l9, which
was Just following the date IN which
the cattle were missed from the field
Under a rigid cross-examination by
Councillor Anthony Zurich for the
the Indian was at least two miles
away at the time he claimed 10 have
seen Singleton. and IL was brought
out hat IL would be impossible to
recognize a man at that distance. not
the fact that the Indian
10 be able to tell even the
color of the horse Singleton was rid
ing. The cross-examination so shook
the testimony that II was OF little
value.
When the state rested It's case
Zurich made a motion be-
fore the court for the dismissal OF
the case and the discharge OF the de-
PENDANTS upon the ground that there
was absolutely no evidence 10 connect
either Of them with the crime alleged.
The matter was argued before the
court by Mr.. Zurich and ]. NJ. Ham
Ilton of Salt Lake. who was associ-
ated in the case through long friend
ship with the defendant Miller. and
by District Attorney Charles A. Walk
pr and Deputy V. II Vargas on the
part Of the state
Judge Orr took the view that mas
much as there was nothing TO show
hat Singleton exercised control over
tho field. which was sometimes known
as the Singleton field, there was moth
ng TO show that he was at any time
In possession OF the cattle. After
thorough consideration OF the case
he Judge advised the jury as follows:
Gentlemen OF the Jury: The court
advises you that in this case II does
1ot feel that the state has introduced
sufficient evidence TO warrant con-
Tiction and advises you 10 acouit tha
iefendants. but the court further adj
sises YOU. gentlemen. that you are
not bound 10 act on such advice.
The Jury then retired and few
later were returned into
,ourt. when Foreman s. p. Elberf
handed in q verdict Of not gnilty. The
Jury was polled and each Juror sepa-
-afely said that the verdict presented
vas HIS verdict
The defendants were thereupon NV
he court ordered released and their
soBdsmen discharged.