White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-08-20

tccN1INGED FROM FACE oNE.)
ing the bold assertion that his pur
pose in exercising his privilege under
the law to make a statement at thal
time was mainly due 20 the fact thai
he expected to prove h defendant
case by the witnesses to be sworn Oh
the part of the state, and thereby OBJ
tain at the hands of the jurors a YER
diet of acquittal.
Earl III. Marriott was the first wit
ness called by the state. His testi-
mony was evidently for the purpose
of establishing the corpus delecti. The
witness testified that he was III the
undertaking business and in the usu-
al course of his work had charge OF
the body of Frank Meagher. which
Vas subsequently inferred in the Ely
cemetery.
When the short examination of the
witness was concluded the district at
torney, when his attention was direct
cd to the matter by the court. laid
the by a few questions to show
that the crime was committed in
White Pine county, Nevada.
Edward r. Lane was the next wit
ness called by the state. When the
district attorney asked his name the
witness replied 10 tho eject that
while he was generally known as
Roscoe Lane his correct mans was
Edward r. Lane. He then went on
in reply to questions from the dis
trict attorney and his narrative was
of such a nature as to pervade the
courtroom with an air af astonish-
ment, by reason of the fact that he
testified of minor matters, making
positive statements. in which from
oIDaacf 40an1anann EnNn-1aIO. n, -x.ac I'm
error. Lane was subjected to a rigid
cross-examination by Counsellor Ju-
rich and he testified that he was in
Ely on the night of July 8 and the
morning of July 3; that he was In
several soft-drink establishments ard
eventually landed IN the Senate scme-
whore about the hour of 10 o'clock
Saturday night. He remained there,
according to his story. until about
$50 o'clock Sunday morning. lie re-
lated in detail the occurrences, say
ing that Davenport was there during
all that time All other witnesses,
however, seemed to agree that Dav-
export did not enter the place until
some time between 3 and 4 o'clock
Sunday morning. In describing the
shooting which resulted in the death
of Meagher. Lane claimed to have
Dttn vi IL 6OhiH SiuC VI Aullnldl
street and directly opposite the point
where Meagher was shot. When
closely questioned by Counsellor Ju-
rich the witness told a story which
materially differed from that told by
all other witnesses. He said fhe two
men We're a distance of about twenty
feet apart when the fatal shot wac
fired and Meagher dropped on the
sidewalk. The testimony of all other
witnesses who swore they saw the
shooting and the position of Mea-
gher's body after he fell showed the
men 10 have been close together 1T
the time Of the shooting. and that
Meagher fell in the street a distance
of some twelve feet sontherly from
the curb. where he was a few mo-
ments later found dead by Coroner
Mcdonald. Several matters which
Lane testified TO as positive facts,
when considered in the light OF testi-
mony of all the other witnesses.
seemed clearly to b. impossible.
Several witnesses who were admit
ted To have been in the Senate dur
ing the five hours that Lane claimed
TO have been there testified that they
did not know Lane and 10 the best OF
their knowledge had never seen him
before. W. II. Lambert. who is OF
striking appearance, was called into
the courtroom and Lane was asked
If he knew Mr.. Lambert. lie replied
that he had seen him on the streets
IN Ely. When asked if he saw him
in the Senate he replied hat he had
not, and the fact was admitted on ali
sides that Mr.. Lambert, who is pro-
prietor of the place, was there dur
ing all the time that Lane claimed 10
have hgLp 1h4ra lNIa., a., =, -, - -
before the jury Counsellor ZURICH re-
ferred to Lanes testimony briefly and
ventured the opinion that a proper
examination would determine the wit
ness to be subnormal. DEFENDANT
attorney said that at the best Lane
could only be laboring under an OBJ
session that he saw the killing OF
Meagher, and he severely criticized
the district attorney for submitting
such ridiculous testimony to the jury
while seeking conviction OF a man on
a charge the maximum punishment
for which meant a human life.
Tho taking of the testimony OF the
witness Lane occupied the attention
OF the court and jury until $40 p. M,
at which time the court declared q
recess until Tuesday morning.
At the opening of court Tuesday
morning at 10 o'clock Lane resumed
the stand and his line OF testimony
was of the same general character as
on the preceding afternoon.
w III. Lambert. proprietor of the
Senate, was the next witness called
and in reply to questions asked hin
SAID that Davenport entered his place
somewhere around the hour OF 3:3(
o'ciock Sunday mornig, July .. III,
related the circumstances of the ar
gument regarding the ability of John