Show r ER IN th THE f 1 Verdict of Guilty Returned Against Preston With Recommendation Recommendation Recommendation for Mercy MANSLAUGHTER FOR SMITH END OF FAMOUS TRIAL AT GOLD GOLDFIELD GOLDo GOLDFIELD o FIELD 0 00 Goldfield Nev May Mar 9 The 0 J C 4 Jury returned a 3 verdict at 11 W i 4 tonight Preston is found foundS S S guilty of murder in the second de deS 4 S Sc c S gree with p a recommendation for tor t tc c mercy merry Smith is found guilty of Co involuntary manslaughter 4 00 Special to The Herald G Nev Ne May 9 After a legal cattle battle lasting days in which every inch f ground has been Bitterly contested the charge in the murder trial was given to the tho jury this afternoon and amI the men at nt 5 i At this writing four our hours later Iter no report has come from frein th m and It is h doubtful if they the 1 will iii be heard from before tomorrow Their decision is i anxiously anxious awaited I rot ot only by the people of Goldfield but butty ly ty the state and the th nation ns as p well for Tor there is a n principle Involved which 3 kl i attracted more attention than would ordinarily be evinced in a 11 trial f fr nr r murder The morning session t e the court v as taken up with the th argument of At Attorney Attorney torney Patsy Bowler for the tho defense v ho was wan followed in the afternoon by b Booth Malone Maione for Cor the prosecution prosecution tion who concluded the hearing with a most argument nt Bowlers Argument In Tn his argument Attorney Bowler Bottler scored Attorney Douglas for forth forth th severe way a in which the latter dealt with everyone c concerned He Ho HeK K r deplored the remarks made by b bI Douglas Jouglas I and finally excused him by bys s ying that counsel must have been carried away In the heat of argument Mi Mr r Bowler Bowl r then proceeded to detail tho Incidents preceding prec the murder The Th cause caus for she he shooting he termed A trifling dispute He men mentioned the organization to which Smith an I Preston belonged belon ed the I r W T W Wn ns n cne nt having for its purpose a most laudable one the advancement and of organized labor Boycott on Silva Sliva Sila SUa have hae been right and he le hei i ay have ha been wrong in the dispute said aU Bowler but the fact remains that Jn I the tho attempt made b bS representatives of If the labor organizations seeking to adjust the difficulty difficult no violence or vio violation yb lation laUon of or law was at any an time employ rd rod The peaceful boycott bo cott was established only after every effort to bring about an amicable adjustment of the difficulty between Silva and the labor union representatives had failed fabled Tie The speaker here made a strong de dc defense fuse of the right to boycott bocott and con continue the t e same nane with the aid of pickets ets and hY means He declared tl that there Is no inherent wrong rong in the taking laking of such an action In that men have han the tIO unmistakable right to with withdraw withdraw draw patronage from an establishment ai and d to combine for tho the same jame purpose Attorney Bowler then proceeded to i describe the shooting and amI contended I that the first bullet was the fatal one and amI that the second one went through Silvas hand and scarred his abdomen Closing of Malone Maione Judge address was a mas Unquestionably ho has made tl best Impression of any of the at attorneys attorneys attorneys engaged on either side While he ho referred ref to the politics the and many man other diverting in which had been introduced he ht followed follow d tile me evidence and the law very verJ closely He referred to the woman relatives who ho had been in constant attendance at court In an effort to work upon the sympathy of the jurors and while he spoke poke of them thorn courteously he said that if jf a question of sympathy was to be in introduced introduced it should not be for these peo pee people people pie but bu for the tt widow w and orphans of the murdered tn min nian n 4 Smith Smith Merely Laughed During Judge Malones address Pres Preston Preston Preston ton was very grave but Smith still re retained retained tamed his air of ot Indifference until counsel pointing to him said This boy bo Preston the daring tool of such sucha a man as Smith who does not know knowlien lien hen be he was born or where then Smith laughed Judge Malone Maione in opening stated that there is no romance attached to the case ease but that stripped of all Its and rhetoric It all takes on the aspect of as murder as was ever committed and that it was as cowardly a crime as has ever eer been recorded in the the criminal an annals annals annals nals of Nevada The speaker emphasized his accord with Ith the spirit of organized labor but disclaimed any connection with such as asfar asfar asfar far as the defendants were concerned He H declared that neither one of them lies has done more than a 3 dozen honest honesta days a s work since coming into Gold Goldfield Goldfield Goldfield field and that their principal business has been that of disturbers and agitators agitators agitators tors Judge Malone Maione at t some seine length recited tho the law as laid down by b the court as a applicable in hi the case and anti section by section he gave the version of ot the state li ji the premises His Ills report In this con connection connection was remarkably forcible Defense Objected Attorney Bowler objected strongly to counsel dealing with Instructions of the court in his argument remarking tim that timIt it Jt was was an practice Judge Langan informed Attorney i Bowler that he lie could have had a copy cop of the instructions if he had but asked Judge Malone Maione was permitted to go g on in the th line followed previous to the ob objection objection objection I |