The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-12-05
THE CASE Of MAN
WHO KILLED CH|NK
Public Administrator Suit Against
Stockman Who Ran Over and
Killed Chinese Near Col
conda Will Be Heard

The case in which the public ad-
ministrator of Humboldt county is
serving as principal complainant,
because of his official relations to
the public, against John Yribarne
who ran over with an automobile
and killed a Chinaman, on a rail-
road grade crossing, in Golconda,
two years ago, will come up for ad-
Indication, along with other matters
on the civil docket, at the term of
district court, now in session, with
Judge Callahan on the bench.
The unfortunate accident oc-
Cured in Golconda, on the after
noon of December 16, 1920, and
those who profess conversance with
the details of the episode say that
Yribarne should be exonerated of
all blame, as the accident was in
nowise due to carelessness or reck-
less driving.
From the best account obtainable
it appears that Yribrane, driving a
car, was approaching a railroad
crossing, in Golconda, just at a
time of day when he knew that a
passenger train was due, and as
he was just learning to drive car
although possessed of intimate
knowledge of the erratic tempera-
ment and complete unreliability of
the Lizzies-he was keeping a
weather eye out for the approach
of the train with care far surpass-
ing that observed by the average
experienced driver. A glance ahead
along the roadway, brought into his
range of vision the figure of man
standing midway of the railroad
track, at the crossing, but it never
for a moment entered his head that
the man would fail of taking a
few steps aside and, to the man,
gave no concern, but he did keep
his mind on the imperative need of
beating it across the grade crossing
before the train hove into sight, and
with his mind firmly concentrated
on that idea, he failed Of watching
the actions of the Chinaman and
failing, the first thing that he
knew Lizzie pushed her radiator
into the Chinaman's pantry and dis
arranged the commissary depart
ment to such an extent that the
spirit of the celestial fled in dis
gust and the Chinaman gave up the
ghost.
Yribarne does not deny culp-
ability to the extent of claiming
that he is not in the least to blame,
but he does deny that he was care
less, driving recklessly, or had any
intent to do bodily harm to the
Chinaman, even though he was
armed with a deadly weapon.
Yribrane, it seems, was within his
rights in driving tin Lizzie. While
this has not, as yet, been declared a
crime, it unquestionably will be, in
the near future and then, when that
time comes, if he again assaults a
Chinaman with one of the deadly
devices, he will deserve to have
meted out to him a punishment to
fit the crime. Circumstances in the
present case are not such, however
to Justify anyone taking the posi-
tion that John Yribarne should be
lethal-gassed; as evidence will be
submitted, it is asserted, that will
incontrovertibly prove that the China.
man was not tied to the particular
spot from whence Lizzie ruthlessly
moved him, and inasmuch as he was
free, moral agent, in full control
of his pedal extremities, it is an
ticipated that the counsel for the
defense will have very little trouble
if any. making it quite clear that
it was the Chinaman's move and he
merely failed of exercising his in.
alienable right to take advantage OF
it, voluntarily.