White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-07-01
Jackie SELF IN CARSON C|TYPRSON
FOR MURDERO Of HARRY MYR|CK

well enough to identify him.
Bernice Kromen was in the dance
hall and heard Myrick say he had
stopped a bullet. She saw Self
dancing prior to that with a woman
named Billy Carter and thought Self
was sore at his dancing partner.
Billy Carter testified that she had
been dancing with Self. After her
last dance she sat down because her
foot hurt her. She had not quar-
relied with Self.
When Marshal Jackson took the
stand Mr.. Whiteley renewed his cor
pus delecti objection. asking that it
apply to all subsequent witnesses and
that the record show his objection.
1t was overruled and an exception
noted.
Mr.. Jackson was Ike states star
witness. He told of the kettle in
cident. OF taking Self outside and of
his Jerking away. As he backed into
the street Self said "I'll kill You,
you - reached to his hip
pocket, drew a gun and fired four
shots. Jackson meanwhile was
drawing his gun AID he fired one
shot. His shot went southeast and
Self shot directly TT him, the dis
tance away when Self started being
about eight feet, but he kept back
ing off. Mr.. Jackson indicated the
positions from a photograph and a
drawing of the dance hall building
and showed where Sells bullets en-
tered. Garner had done the same
in his testimony. jackson told of
lacking into the dance hall after the
shooting, then comirg out and chas-
ing Self down town, baying him at
the telephone pole, where Self said.
I'm all out"
On cross-examination Mr.. Jackson
said Self was in a crouching position
and he backed and fired and that
the marshal backed into the hail.
eyeing Self. tIe said he arrested
Self at the stove. Mr.. Whiteley pro-
duced the transcript of the mar
shals testimony at the preliminary
hearing to show that he had said he
did not arrest Self ut the stove but
at the telephone pole. Mr.. Jackson
admitted the former testimony but
insisted this time that the real ar
rest was at the stove. Mr.. Whitley
got him to admit that he did not
display his star and did not tell Self
then that he was an officer.
! Here the state rested.
The jury was removed from the
room while Mr.. Whitelcy argued a
motion for a directed verdict of not
guilty. First. he said the state had
not proved the vital facts of the
information; second, that the venue
of the case in the information had
not been proved: third, there was
no proof of death resulting from an
act committed by defendant: fourth,
the corpus delecti had not been
proved. He said there was an ahso-
lutte failure to connect the defendant
with the wounding of Myrick and
that the proof of the condition of
Myrick went III to four days of his
death and there ended. He urged
that the complaint alleged hat My
rick died in Nevada, yet the state
essayed to prove that he died in Cal
ifornia.
Mr.. Edwards replied by citing two
Nevada cases to show that the Ne
vada supreme court had overruled
the decision of Indiana cited by Mr..
Whitley.
The court took the dinner hour 10
examine the Indiana decision and
thereafter ruled that the better and
more modern view was i'll accord
with the Nevada decisions. Judge
McFadden cited the case of the Unit
ed states against Guiteau for the
murder of President Garfield. the
president having been shot in the
District of Columbia and dying in
New Jersey, the place of death be-
ing immaterial.
! The first defense witness was
Charles w, Butts, a musician at Rhi-
neys. lie was at the piano when the
trouble started. when he went out
into the room. then saw a gun fash
outside and went back to the piano.
From then on he saw nothing hay
ing to do with the case. 1t devcl-
oped by this time chat Butts was a
hostile witness. Mr.. Whiteley had
called him but war challenging the
veracity of his testimony as he pro-
ceeded. to which Mr.. Edwards OBJ
iected. The objection was over
ruled. Mr.. Whitelay produced "a
transcript of Butts testimony at the
preliminary, which the witness at
first %repudiated but when allowed to
read it all he withdrew his repudia-
ton Of it. His testimony proved inn
material.
Jesse Self, a brother of the ac-
cused. swore that he danced a few
times at Rhiney's that night, stood
| 10y the stove and talked with the
girls and saw Jackie knock the ket-
tie off the stove. Then he went
around to the outside and was at tho
northeast corner of the building in
time to see his brother back into
the street. He saw Jackson on the
walk and there was a crowd behind