The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1922-11-21

Dolut Couity III tHS <Aihdii Sdiiyoh
country. Asked regarding the land
that he and his partner own, in this
county, he said that his partner
owns a grazing homestead of $40
acres and that he owns about forty
acres, thirty miles away from where
Bonofacio was killed.
He said Bonofacio was relieved
of that particular band of sheep
about the first of September and an
other herder employed in his stead,
but that on the 10th of September
the other herder got Bonofacia to
do the herding for him, SO as to
permit him of going and having
some dental work done. The wit
ness said that he was at Cedarville,
California, on the 18th and on the
18th, at 4 in the morning, he
reached the Stanley house and saw
his dead brother. He first learned
of the death of his brother at
Cedarville, he stated, and heard that
there had been trouble. Upon be-
ing asked by Attorney Wylie,
Were you not in Aluras on the
18th of September" the witness
answered that he was and that he
got there about one o'clock in the
afternoon. With his attention di-
rected to the. discrepancy, the wit
ness then said that it was on the
morning of the 10th that he ar
rived at the Stanley home, which
was correct.
During the morning session of
court, Attorney Powell asked for
permission to have two additional
witnesses for the state sworn in
and placed under the rules of the
court; and Jose Gonzalez and Ualdo
Sigarraga were placed under oath
the latter through the Interpretation
of Gonzalez, as he could not under
stand, nor speak, the English
tongue.
J. F. Poore, sheriff of Modoc
county, California, and the official
to whom Newton Stanley volun-
tarily turned himself in and the of
ficer who notified Sheriff Brady that
he had Stanley in custody and held
Stanley until Sheriff Brady arrived
at Alturas, California, and took
Stanley in charge for return here,
was the next witness by the state.
Sheriff Poore recapitulated the
story of Stanley coming to him and
telling him of the trouble and the
sheriff phoned the county physician
and had him attend to. the dressing
of Stanley's wound. Poore was
present at the time the doctor oper-
ated for the removal of the bullet,
which had entered the left hand, at
a point near the knuckles and
lodged in the forearm, just above
the wrist. He identified the bull
let, shown to him by Attorney
Powell, with the words, "am very
sure that is the bullet" that was
extracted from Stanley's arm by the
| doctor.
AS an official that has some lit
tie experience handling automatic
pistols, Poore gave some testimony
bearing upon the actions Of that
style of gun, and from what he
said it was CLEANED that the auto
matte is a temperamental weapon
that sometimes fails of responding
to the demands made upon it and
it is not to be relied upon in an
emergency, at all. For that rea-
son, he said, peace officers have
practically quit carrying it.
Poore said that Newton Stanley
told him something of the trouble
that led up to the killing. He. said
that Stanley told him that he went
to the scene on horseback and when
he got off his horse, went over
to the sheepherder and put his hand
on the herder's shoulder and told
him to get off that range. They
had some talk and then he knocked
the herder down. The latter then
got up and shot at Stanley and
started to run. Stanley had left his
rifle at the place he had dismounted
from his horse and when the herder
shot and hit him he went for his
rifle, got it shot once and missed
and shot again, and the way the
body fell he was satisfied that he
had killed the sheepherder. Stan
ley told him, said Poore, that he
had then come into Cedarville to
get the bullet removed and sur
render.
1t developed under cross-exami-
nation, that Sheriff Brady, when he
arrived at Alturas was without
warrant or extradition papers, but
Stanley required none, and quietly
without protest, accompanied Sheriff
Brady here. Cross-examination of
Poore was merely prefunctory, aside
from bringing out from him the
total unreliability of the automatic
as deadly weapon.
Martin Lartirigoyan, sh eep
herder who lives at Cedarville, was
the next witness. Martin is the
man who accompanied DR.. Ken
nadv to the scene of the killing