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

CONTINUE FROM PAGE TWO)
cei,ed the gun from Coroner Melon.
aid. and also by calling Coroner Nc
Donald, who said he delivered the
gun at the Office of the county clerk
Counsellor Zurich made a formal OBJ
lection to the admission of the CUR
on the ground that it had by nc
means been connected up, remarkine
that he simply desired to preserve the
record, and so far as the gun being
admitted il did not greatly concern
him.
George W. Snowden then took
the stand for the state and after re-
1ating the incidents in the Senate
leading up TO the quarrel and suisse
quent shooting. said that after the
shot was fired he ran to where his
friend Meaghcr lay dead; that Day-
export approached him with the rifle
in his hand. His salutation was by no
means affectionate and Snowden, ac-
cording to his own story, made his
way to the back room in the nearby
bakery without paying any particular
attention as to whether he was pass
ing through the doors in the building
or the holes in the doughnuts on the
counters.
Alex Sarris was the last witness
called for the state and he told of
having see Davenport on the street
in the early morning when he opened
the bakery. Sarris did not see the
actual shooting and his story of Dav-
exports movements before the shoot
ing occurred varied considerably from
the story told by all the other wit
nesses. He was subjected to q rigid
eross-examination as to discrepancies
between the story which he told at
the coroner's inquest the day after
the shooting and that which he relat-
ed at the trial. Counsellor Zurich got
in evidence the testimony of Sarris
taken at the inquest and simply asked
the jurors to compare ii with his tes-
timony at the trial and draw their
conclusions.
This completed the states side of
the case.
John Blake was the only witness
aside from the defendant himself
called to the stand after the state
closed its case.
Blake testified that the morning of
July 3 he was at mis- place of bust
ness, which adjoins the American
cafe on the corner of hurry and Ault-
man streets. He said he had known
Meagher for a number of years; that
Meagher had worked for him at diff
ferent times. and hat he was on the
most friendly terms with the deceased
during his lifetime. Blake then tes-
tilted that the morning in question
he met Meagher on the street in front
of his place of business and that Mea-
CHER had a quart bottle of water in
HE ln.I Dali --t.t
Meagher. according TO the testimony,
and in an effort made by Blake to
gain possession of the bottle which
Meagher was carrying the bottle was
broken on the sidewalk. Charles
Fisher, Blake said, was there at the
time and when Counsellor Zurich
asked Blake what was said the dis
trict attorney objected, giving as his
reason that such testimony was not
admissible under the law because of
the fact hat even il Ii tended TO
show a threat made by the deceased
against the defendant, the fact that
such threat had not been tommuni-
Gated to the defendant would pre-.
clude the testimony. This was the
hrst instance during the trial that the
TWO legal luminaries had really put
on the gloves.
Judge McFadden excused the Jury
10 give counsel opportunity to argue
the question of law and when Coun-
sellor Zurich cited the case of the
state against Dwyer, with which per-
maps a large majority of the laymen
OF this state are familiar n in
which the supreme court held direct
iy against the contention of the dis
trlct attorney, he sat down and passed
Inc law book TO the district attorney.
Inc latter consumed considerable
time reading the case, and then. ris-
ing 10 his feet, informed the court
that he conceded the contention made
by Mr.. Zurich as to the law was cor
rect. The jury was then called back
n Blake continued with his testi-
mony. He said Fisher urged Mea.