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


bulletined in front of the jury by
the states counsel, to enable the
jury to get a clear and compre-
hensive understanding of the lay of
the land, as well as to make it pos
sible for Mr.. O'Leary to intelli-
gently tell what he learned as the
result of having made the survey.
From his testimony it was learned
that the scene of the tragedy was
just at trifle short of mile and a
half from the Stanley ranch house,
in rather rough section of coun-
try, and that the ground in the
immediate vicinity had a fairly
bountiful crop of rocks and sage
brush, none of which, however, was
of stupendous size; and, taken as
whole, was rather or ordinary
dimensions.
Mr.. O'Leary was placed upon the
witness stand at four o'clock, yes
terday afternoon and just finished
telling the jurors of the country's
contours when court was adjourned
at 8 o'clock.
The jury was put in the hands
of Sheriff Brady for the night and
to the jury Judge Callahan said that
the sheriff would be permitted to
take them to any place of amuse-
ment to which they expressed de
sired to go. The judge paused
neditatively looked the jurors over
very carefully, and said that he
would alter that, mot to any
amusement, but to the picture
show" The judge also told the
jurors that they would be permitted
to read any of the papers, includ-
ng the local newspapers, after the
alter had been properly emascu-
ated of all matter pertaining to
he Stanley case.
Following the -convening of court
his morning, With Judge Callahan.
counsel for both sides, Newtor
stanley, the defendant, all of the
witnesses, and the jury, looking in
it shape to stand the gruelline
york ahead Of them for the day, the
irst witness of the day, in the per
'on of the county physician, was
salled to the stand by the state.
DR.. Giroux, the county physician
made a clear and comprehensive
resume of his post mortem examina-
tion of the body of Bonofacio Yra-
gui and stated that as a result
Of the examination there could be
40 question relative to the cause OF
death, which he attributed to a
rife bali that had entered the body
of Yragui just below the shoulder
blades, striking the vertebrate col
umn and ranging upwards, the i'm
pact of the bullet with the bones
IF the spinal column having shat
tered the bullet, causing parts of it
to lodge in the apexes of the lungs,
which he located by removing the
breast bones, thus tracing the
course of the bullet from front to
the point that it had entered the
body in the back.
The docter said, in response to a
query by counsel for the state, that
he could not tell, from the wound,
whether the range of the bullet was
up or down, but that he thought
that it tended upwards. Objection
was entered to the statement by
Attorney Robinet, for the defense,
on the ground that the witness was
not testifying as an expert, and the
court sustained the objection.
The deceased, testified the county
physician, in his Judgment, would
have weighed about $50 pounds
and was about five feet, ten inches
in stature.
Under cross-examination, con
Quoted by Attorney Wylie, for the
defense the county physician was
| asked:
Doctor, from the condition OF
the body and trend of the wound
could you determine the position
the body was in when the wound
was made?" "To be absolute. nc
sir" was the reply. 81 should
Judge that the person (Yragui) was
higher than the person who did the
5hooting, but could not say in what
position either was in"
Question-"You could not say
whether the person (YraguD was
ooking ahead, backwards, or tc
me side?"
Answer-"He could have beer
ooking back, but was probably
ooking to one side"
On redirect examination by At
orney Powell, the latter asked the
oetor "On what do you base youl
onclusions, doctor, that the de
eased was looking to one side?"
81 don't know how he could have
'een looking any other way" wa:
he answer, and the doctor amplifieC
With an explanation of his conclus