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

not convicted of an unlawful act
committed there that same night,
Mr.. Whiteley strenuously objected as
immateria1. incompetent and irrele-
want, which was sustained. As a
matter of fact Jesse is serving a SEN
tence for carrying brass knuckles
which we're found on him when he
was arrested by Nicholson and Jack
son when they were escorting his
brother down the street. He was
brought from the Jail tc testify.
Asked if ne did not tell a girl prior
10 the shooting to keep out of sight
for his brother was crazy he said TO.
May Stevens, Ephie ~Vandergrist
and H. A. Rinehart were put on the
stand by the defense. They had been
subpoenaed as state witnesses hut
were not called, hence an effort was
made to get possible damaging tes-
timony from them, which was una
yailing. Miss Stevens was struck by
the kettle OF water and burned, then
making her escape to a back room
to alleviate the burns.
Jackie Self, the defendant, was
the next witness. He wore that his
brother and he were on their way
from McGill to Eureka to work ami
stopped over in Ely. They went up
on the line and he danced with
Billy Carter at Rhiney's. He knocked
the kettle off the stove and said,
Someone grabbed me and put me
out the door" When he got outside
he pulled loose, faced Jackson and
backed away. Said he, 4 put my
hand in my pocket, drew my gun
and shot" Both had reached for
their guns, but he started 10 do so
first. He said he did not know Jack
son or that he was an officer. He
thought he was shooting up II i'll
tended merely to scare Jackson. lie
did not know Myrick and never saw
him. Self had been drinking whis-
ky. part of which he got at Rhiney's.
He danced five or six times.
On cross-examination Self was ill
at ease and fidgeted with his hands.
rubbing his shirt front and tie with
Ills finger tips. He locked down i'll
his lap, facing neither the jury nor
the district attorney. His pauses
were long and tiresome after so'ne
of the questions.
Why did you shoot up when you
saw Jackson reaching for his gum
asked Mr.. Edwards.
Self could not explain it except
| ia CIV fo fripbtpD Jackson
You reached for your gun tirst?'
demanded the district attorney.
Yes admitted Self.
Why"
Because all of them We're coming
after me-"
As a matter Of face they made
no demonstration against your
A long pause and then Self said
No"
He admitted being drunk when
asked if he did not know he were do.
ing something unlawful; also that
it was not right to knock off the ket-
tie, and thai he knew he was misbe-
having. He said he was drunk but
answered Yes" to the last question.
He knew it was unlawful to pack a
gun. He knew he was in nc danger
when he did so. He remembered
saying something before he shot bur
was not sure about saying ""Ill blast
you," yet would not say that he did
not say il. He had bought whisky
in the dance hall. at another place
and his brother had brought a vim
egar bottle full from McGill. He
| was sober when he went up the line.
but drank about a pint. The sheriff
brought the quart vinegar bottle and
| Self identified it. 1t contained, as
shown in court, less than 4 pint of
| whisky. He did not see his brother
in front when he shot.
Here the defense rested and the
state put on witnesses in rebuttal
Miss Crawford identified Jesse
Self, saying he said to her III the
door of the Japanese restaurant to
stay in: that his brother was crazy.
Frank Williams was sworn but not
allowed to testify because his name
had not been indorsed as a witness
on the information. Tho same had
prevented DR.. Cook from testifying,
though no attempt was made TO call
him.
Addresses of counsel wera able
and in the nature of thorough
analyses of the testimony. Mr.. Ed
wards asked a verdict Of second de-
gree murder. saying either the laws
must be enforced or should be re
pealed. Mr.. Whiteley held that Self
had not been connected with My
rick's death He said it was possible
that Myrick might have harmed his
wound, committed suicide as he had
heard of another doing, or that an
other operation might have inter-
vened. He again urged that the
state alleged the death to have oc-
Cured in Nevada and attempted to
prove that it occurred in California.
He said Jackson had not shown his
star and Self had a right to assume
that he was a bouncer and that the
defendant was being ganged.
HI go a. rtr-tA 1891 Il