White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-07-01
Continued from Page One.)

caused his removal to the hospital.
The wound was in the left abdomen,
the bullet ranging diagonally acros
to the right kidney, where he could
feel it between the ribs. Sheriff
Nicholson was present when DR.
Rand removed the bullet. The hull
let was laid on a table and the s!'er-
if took possession of it. The
tally of such wounds was high.
Justice of the Peace Dan c. Nc
Donald identified the gun and bullet
as those presented at the prelimi-
nary hearing.
Sheriff Nicholson also identified
them and thereupon the court al
lowed their admission as evidence.
The sheriff had received the gun
from City Marshal George Jackson.
He had seen Jackson take the gun
from Sells back pocket and had
taken the bullet from a piece of
gauze on the table when placed there
by Dr.. Rand. The sheriff heard five
shots, four in rapid succession and
a fifth after a slight pause. He was
standing on the railway track talk
ing to Joe Vietti and ran toward the
sound. He saw a man running down
Aultman street and heard another
behind, shouting Halt" Tie for
mer proved to be Self, who hid be-
hind a telephone pole in front of
Bio hall and the latter was Jackson
Jackson had his gun on the mar ard
the sheriff closed in on him. jack
son said He shot at me" and he
took the gun out of Sells pocket.
The gun had five empty cartridges
and was a 20 liver Johnson. He had
said to Self. What were Won trying
TO do; kill the marshall" Self re-
piled that he was drunk and did net
know what he had been doi1g. The
sheriff told him he ran pretty fast
for 4 drunken man.
As Rurt Garner, 4 musician at tha
dance hall. took the stand MI.
Whiteley objected to his testimony
and made the same objection 30
other witnesses to follow, on the
ground that the corpus dalccti he'd
not been established. the objection
being overruled.
Garner saw Self knock Il teakettle
off the stove at the dance hall ard
saw the marshal lead him to the
door. Then Garner heard shots out
side and saw flashes from the gun
through the partly open door.
He saw Myrick walking backward
with his hand on his stomach and
heard him say he guessed he had
stopped a bullet. He told under d.
rect and cross-examination CT find
ing a bullet hole through the wall the
next day under a window and two
bullet marks on the double door.
1t appeared that the one chat hit
Myrick grazed the edge Of the door
as 1t was partly open. There was a
bullet groove in the sidewalk from
the one that went through the wall
below the window.
DR.. w. S. Bennett proved to be n
vital state witness. He said the bull
let entered below the diaphragm at
the left, beneath the ribs opening
both sides of the stomach and lodg-
ing between the eighth and ninth
ribs at the back by the right kidney.
He had performed a major opera
zion, DR.. Cook assisting. They had
repaired both sides of tho stomach.
with two stitches at each side, and
found none of the bowels severed.
He saw Myrick again IL about six
days and his condition vas not real
good but there was sons hope, The
wound was extremely dangerous,
with an average mortality for such
wounds of 80 per cent "he last
statement made it a harder battle
from that time On for the defense.
Then Mr.. Edwards asked his hypo-
thetical question. this being the sub
stance of it:
Suppose a fellow wounded as My
rick was should remain in a hospital
for fourteen days. receiving proper
medical attention and the best care
and attention from the nurses,
should be taken from the hospital
and transported carefully by am
bulance and stretchers, receiving the
same care on the train that he re-
ceived in the hospital, is transport
ed from the train by stretcher to an
ambulance at Oakland and thence
to n hospital, where he likewise re-
ceives the best of care, lives three
days and then dies, what would you
say was the cause of his death?'
Mr.. Whiteley objected to Ihe ques-
ton on the ground thet it was con-
fusing, incompetent. irrelevant and
immaterial and yorious other
grounds. The court promptly sus-
tanned the objection, which was the
last opportunity with tiie witnesses
at hand for establishing the rpu
delecti.
On cross-eXamination DIR. Bennett
was asked il he objected to the re-
moval to Berkeley, to which objec-
tions were offered by the state and
sustained. The doctor did not see
the patient for several days hofore
the removal SO had not been con-
suited upon it. but he would have
opposed It, though this line Of tes-