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


years upon a manslaughter verdict
for the killing of Harry Myrick. He
left here Friday morning in the GUS
tody of Deputy Sheriff Morris Rob-
erts of Ruth.
Sentence was pronounced the pre-
vious day. Attorney Whiteley moved
for new trial and an arrest of
Judgment, both motions being de-
MED. 1t is the intention of counsel
to appeal to the supreme court. but
Mr.. Whiteley says he has three
months in which to do so.
Zackie Self was convicted of man
slaughter Wednesday morning be-
fore a jury in the district court for
the killing of Harry Myrick, whom
he shot May ] 4 and who died June 1
at Berkeley, Cal. The jury took
only three ballots and deliIerated
but one hour. The first ballot stood
four for second degree murder, six
for manslaughter and two for ac-
Guittal. The second one for second
degree murder, ten for manslaughter
and one for acquittal The third
was unanimous for manslaughter.
The verdict in way was dramat-
ic, this by reason of it looking for
several sessions like a certain ac-
quittal, which took different turn
as the trial progressed.
1t was the testimony of the de-
fendant and the manner of it's Civ
ing that lost the case. Experienced
court attendants remarked that had
the defense rested without putting
in testimony acquittal would have
been inevitable.
The precarious feature, amount
ing almost to a missing link, in the
states case was that of failure to
establish the corpus deleeti that of
showing that the bullet fired by
Self caused the death of Myrick. On
account of the expense of probably
$1,000 the state did not subpoena
DIR. A. E. T. Buckell from Berkeley
to prove that Myrick died of the
bullet wound. District Attorney H.
". Edwards sought to establish the
Brpus deiecti by hypothetical
Question, which upon objection by
Defense Counsel George A. Whiteley
was disallowed by Judge McFadden.
This left the state apparently with
out leg to stand on. Soon after,
tossup as to whether or not there
must be a directed verdict of not
guilty. but when this was denied it
was only by bullheaded luck through
the weakness of the defense's testi-
mony that the verdict happened to
take turn and go the other way.
Unadulterated tact upon the part of
the district attorney in telling the
jurors he would not insult their in
telligence by saying that they did
not know the cause of death seemed
to have had a lot to do with saving
the day.
The verdict shows that something
saved it, the jurors interviewed aft
erward giving the credit to The de-
fendants own testimony and in
part to his frivolous demeanor
throughout the trial.
The selection of a jury proved a
long undertaking. From venire
of fifty names nineteen had been ex-
cused, mostly upon representation
of being ranchers and the time being
their busiest season. This kept
other ranchers over longer than
would have occurred had none been
excused.
Every personal acquaintance of
Myrick disqualified himself. one
after another, by testifying that he
was friendly to the deceased and
that he would not care to be tried,
were he accused of a like crime, by
jury composed of men in Lis con-
diton of mind
A notable one, challenged and ex-
cused for cause, was E. S. Hacken-
son Of McGill, who declared that he
would accept the courts instructions
only if they were according to law.
that otherwise he would disregard
them. The inference was that
he had slight confidence in courts
and their law interpretations. Judge
McFadden examined the venireman
closely and the latter held 70 his
ground, qualifying it only by say
ing:
II mean no disrespect to you,
your honor"
Mr.. Whiteley resisted The chal-
lepge but it was allowed, to which
Il dloted an exception.
ihe state exercised seven peremp-
tory challenges and the defense six,
leaving a margin of but one for the
state and two for the defense. The
state excused Pete Norregard, L.
Hendrix, H. ]. Doyle, D. Nicholas, O.
P. Blose, Phil Aljets and w. A.
Moyle.
The excusing of Mr.. Moyle brought
about a resemblance of a coinci-
denoe, it being followed by the i'm
mediate drawing from the box Of
the name of Russell B. Moyle. the
venireman's brother, who was ac-
aantod