The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-11-18

Yragui & Etulain, for whom Bono
facio Yragui, the slain man, was
serving as sheepherder at the
time he was killed; Bevel and John
Perry, cousins of Newton Stanley,
the defendant; Ferdinand Phillips
and Z. A. Bruce, cousins by mar
riage of Newton Stanley; j. f.
Poore, sheriff of Modoc county.
California, to whom Newton Stan
ley, the defendant, surrendered at
Alturas, the day following the kill
ing; DR.. M. r. Kennedy, the Cedar
vile, California, physician to whom
Newton Stanley first went to have
his hand-which had been shot by
.25-calibred gun-dressed; Frank
o'Leary, the surveyor whom the
district attorney had go and make a
survey of the scene of the shooting
and f. d. Giroux, the Humboldt
county physician who held the post
mortem examination on the body of
Bonofacia Yragui.
Witnesses for the defense will in
clude all of the foregoing with the
exception of Joe Yragui, brother
OF the man slain; and in addition
to the foregoing the following will
testify for the defense: Dan De
vaney, a cattleman, who lives about
fifteen miles west of the Stanley
homestead, and Pat Heard. a COW.
boy in the employe of Devaney
Dave Beebe, a homesteader and dry
land farmer, who lives four miles
south of the Stanley place; and
John Van Ripper, an Alkali canyon
trapper.
After the jury had been duly
sworn in, Attorney T. f. Powell. p
member of the counsel for the
prosecution, made a concise state.
ment of the facts in possession OF
the state, which. If proven to the
satisfaction of the jury, the state
VIII rely upon being sufficient te
warrant the jury in returning c
verdict of guilty and assessing :
penalty in harmony with its find
ings.
Attorney Powell said that the
main facts, which the state expect.
to prove, are that Bonofacio Yragui
the deceased was engaged in herd.
ing sheep for his brother, Joe Yra.
gui and Tom Etulain, in Alkali can
yon on Sunday, September II.
The state will prove, according
to Mr.. Powell's statement. that
Stanley told others that he left hi.
ranch that day and went over to
where he expected to find sheep
herder with band IF sheep, for the
purpose of driving the herder Off
the range. That when he (Stanley)
got over to where the herder was
ne had a talk with him and ordered
him to get off that range. but the
herder did not do so and he finally
struck him and knocked him down.
The herder then got up and started
to run and while Yragui was run
ming away from him he shot at the
herde with his rifle Ga .3O-.S0 re
peating rifle) from his hip, ,>and then
he raised the rifle to his shoulder
and fired. "And we will show
said Mr.. Powell, "that death must
have been instantaneous.
The state will introduce the testi-
mony of DR.. Kennedy of Cedar
vile, California, tthe physician to
whom Newton Stanley first went to
have a bullet wound in his hand
dressed, the next morning after the
shoating) Joe Yragui, Tom Etulain
and n man named Martin, who con
situated a party that went out to
the scene of the shooting, the next
day, to make investigations, and by
the members of that party the state
will prove that they found the body
of Yragui lying on the ground,
face down, with a bullet wound in
ais back; at some little distance re-
moved they found two empty 80
80 rifle shells; and at about nine
teps distant from the body they
found hat and herder's stick.
along with .25-.35 rifle carbine,
with two loaded shells in the maga-
line and no shells in the barrel OF
the gun.
Immediately following the open
ng statement of Attorney Powell
counsel for the state called to the
witness stand, Frank OLeary, coun-
.y-surveyor-elect, who testified that
ne was commissioned by the dis
trict attorney to. go to the scene of
The shooting and make a survey OF
The ground. Mr.. O'Leary had made
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