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Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, March 01, 1910, Image 2

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TONOPAH DAILY BONANZA, TONOPAH, NEVADA, TUESDAY, MARCH 1, 1910.
SKINNER TRIAL
SENT TO JURY
BEFORE MIDNIGHT
of our laws. theirs to grant; at the hands of a
Mr. Baker then reviewed in detail 'higher power must these be sought.
Argu
ments of Counsel are Concluded
at 11:10 and at 11:43 the Judge Or
dered the Jury to Retire and Deliber
ate.
With features slightly emaciatel
denoting a sleepless night ; and in
termittently beating a tattoo on the
table with his fingers, or masking
his features behind his hands, Freil
Skinner listened to the arguments
in the trial yesterday, wherein he
is charged with the murder of
Mona Bell at Rhyolite on January
,3, 1908. When his face was dis
closed to the jury it was entirely
blank of expression, with the ex
ception that the pallor has disap
peared and a flushed expression has
appeared in its stead. The cynical
or sarcastic smile has also disap
peared. Seated behind Skinner, near the
railing that divides the court room,
was the wife of the defendant. Dur
ing the early part of the argument
she placed ' her handkerchief before
her eyes as if sobbing, and not
once did she remove the covering.
Throughout the long afternoon sh?
maintained the appearance of suf
fering great mental anguish and at
times her frail frame would shake
convulsively, serving to give forth
the idea that she continued to
weep. But when the court adjourn
ed at 6 o'clock, and the spectators
and jury had left the room, the
handkerchief was removed and
there was not a sign of a tear hav
ing been shed. Her eyes were not
even red. The handkerchief that
snoum have been ringing wet, was
as dry as if it had been exposed
to the sun's rays all day long. It
was then that it became apparent
that a deception had been practiced
during the day, in an endeavor to
provoke sympathy for the murderer,
whom she calls her husband. The
sympathetic dodge failed to create
a favorable impression among the
spectators, and principally among
the women who thronged the room,
and many were the glances of scorn
cast in her direction. As a rule
the women failed even to notice
her, after the first casual but criti
cal examination as to her appear
ance, 'but this always happens when
strangers of the fair sex meet.
wnen the court convened yes
terday, morning the Interior of the
room was crowded with spectators,
Extra chairs had been placed. in the
aisles and even behind the railing,
in anticipation of the crowd, and
these were far from sufficient. The
remaining aisles were filled and the
fcallway leading to the room was
filled. Even the privacy of the
judges chambers was transgressed
upon by the curious and interested,
who after gaining admittance went
so far as to advance to the bench,
whereupon Judge Averlll ruled, and
secured seats on the Bteps. At
times it was difficult for Bailiff Mc
Fadden to move about the room at
tending to his usual duties, but
throughout the day perfect order
was maintained.
The defendant was guarded by
two deputy sheriffs while an addi
tional officer was placed near Skin
ner's wife, to prevent her passins
anything in the nature of a wea
pon or poison, to her husband.
Attorney Horatio Ailing made thi
opening argument for the state
which occupied nearly two hours.
Mr. Ailing reviewed the case from
beginning to end, placing the evi
dence before- the jury in a master
ful manner. His address was a
masterpiece and he demanded and
received the attention of everyone
in the court room during the time
he occupied the floor.
Confining himself strictly to the
evidence as introduced in the case,
Mr. Ailing took exception to the re
marks of counsel for the defense
whereby an attempt was made to
blacken the character of Mona Bell
It was then that he portrayed the
true character of the defendant, and
so true were his words that the
self-confessed murderer hung his
head, not in shame, but because ho
was unable to meet the unflinching
gaze of the attorney. The cruelty
of Skinner in beating the woman
on the night of the crime was re
membered and of his vile remarks
concerning her that followed. The
last words of the. deceased as Skin
ner entered the adobe preparing to
going to bed as heard by Bion
Demmings, "Come on in Fred and
go to bed," were also repeated.
The plea of Skinner, as set forth
at the former trial of self defense,
was ridiculed. The three shots in
the back tended to disprove this
argument and showed the deed to
be as cold-blooded as any that has
ever been recorded in the annals
of the country. The murder was
the result of the vile passions of
the defendant with a mysterious
motive that had as yet not been
brought into evidence.
In conclusion Mr. Ailing said
"And who is the man to call her
such? After this is all over I hope
that Almighty God will help us
forget that there be such men alive
as Fred Skinner. He is not a man
The ravaging beasts of the jungle
are better than he. They at least
do not tear to pieces the female of
their kind. He is a monster who
has sunk his claws into the tender
flesh of this poor woman and drag
ged her down to his own wretched
level. I ask you then: Is he en
titled to live any longer? Remem
ber the couplet in the dead wo
man's letter: "Let come what may,
I've had my day.' He also has had
his day. And what a day It has
been. Should he have another?
Men like Fred Skinner are not made
In a few hours. It has taken a
life time of crime and debauchery
to bring him to his present state
Do you think that a few days or a
few years will be enough to make
him unfit to be at large among de
cent, respectable people? He has
violated the highest laws of God
and man. Should he not pay the
full penalty?
"If the full penalty of the law
should not be exacted in this case;
if Fred Skinner should not be hung
before God and the good people
ot this state, tell me of a case in
which any man deserves to be
hung.
"They are before you, gentlemen,
he and she. Judge ye between them
this day."
George B. Thatcher opened for
the defense at the convening of
court following the noon recess.
He again read the letter of Mona
Bell and strengthened the case of
the state with ' his remarks. He
placed great stress on the bullet
wounds found in the body of the
woman and described how the de
fendant shot in self-defense, after
taking the revolver from Mona Bell
and firing when her back was turn
ed. Regarding the confession of
Skinner, made immediately after
the crime, he stated that this was
not the act of a guilty person. Mr.
Thatcher concluded at 3:25 and at
3:30 Judge J. A. Saunders closed
for the defense. That he started
on the closing argument which was
not finished until 9:45 last evening.
Mr: Saunders discussed the instruc
tions of the court and hardly start
ed to talk when he misquoted a
statement made by Judge Ailing,
but was immediately corrected. His
flights of oratory dwelt with every
thing but the case proper. After
ho finished going through the in
structions, Mr. Saunders started to
take a trip through the testimony
from whichl he emerged at 9:45.
District Attorney Cleve H. Baker
made the closing statement for the
state, and it may be said here that
his address was the finest he has
yet delivered during his career.
He opened by speaking of the im
portance of the jury system, and its
function today in the enforcement
the evidence of a witness produced
on behalf of the state, and spent
considerable time in answering the
arguments offered by Mr. Thatcher
and Judge Saunders. He took up
both theories advanced by the de
fense, that of sel defense and heat
of passion, and by the uncontra
dicted evidence of the state and the
varying and contradictory state
ments of the defendant, showed
both theories to be manifestly false
and untenable.
After a thorough analysis of the
state's evidence which he welded in
to a chain of evidence, which was
positively and convincing, he read
the loveletter written by Mona
Bell to Skinner when he was con
fined in the county jail. The letter
bespeaks the greatest tenderness
and affection, and shows the life of
sacrifice and self-abnegation that the
defendant should live in idleness
and ease.
The concluding statements of
District Attorney Baker are as fol
lows :
"How unfair it is to attempt,
without evidence, to infect the ima
ginations of men who are sworn
dispassionately and disinterestedly
to try this offense; to attempt to
relegate this tragedy to the realm
of the redlight district In the vain
effort to discredit its horrible fea
tures and to placate its monstrosity
in the eyes of upright and honest
men who are called upon to sit In
judgment. .
"If such men there be1 who
transgess thus far In their zealous
endeavor to defend their client and
advocate his cause, may heaven for
give them for the attempt and in
spire you with a fortitude and wis
dom to discharge your dutv with
calm, steady and reflecting minds.
"I may now therefore relieve you
from the need or hearing me any
longer, and myself be relieved from
speaking on a subject which, agitates
and distresses me.
The mantle of this responsibility
Is about to fall from my shoulders
uponyours and resign this case into'
your hands with a well founded
confidence and belief that it will
rest safely and securely there.
You have been called upon to do
a duty perhaps the most serious
one that will ever be imposed
upon you; The life of a fellow
man hangs in the balance and your
fair and impartial minds are the
scales of human justice which are
to weigh and decide either for or
against him.
"The evidence in this case shows
the defendant to be the perpetrator
of a crime which would have been
black in i the darkest ages and the
atrocity of which is appalling. The
defendant in this case has not only
violated the law of this state but
he has violated the most sacred
law of all laws, that divine law
handed down to us from Mount
Sinai by the Almighty and incorpo
rated into the laws of every na
tion and every people and inspired
in the hearts and conscience of
mankind that divine mandate, 'Thou
shalt not kill.' j
"Nothing remains to be said and
done in this case save by you gen
tlemen of the jury. The vital part
or the enforcement of the law is
In your hands.
It is for you now to say and
do; all that the state can say or do
has been done.
"By your verdict you are to say
not only to this defendant, but to
the entire county and state, that
the sacredness of human life and
the security of our homes and
sisters and mothers shall ever re
main inviolate.
"Let your unmistakable verdict,
be a protest against and a defiance
to the lawlessness which has too
long attempted to claim Nevada as
a place of refuge. Let your judg
ment strike fear and terror Into the
hearts of such murderous assassins
who would fain drag -into the bot
tomless depths of vice and shame
such poor, helpless victims and
there abandon them to a murdered
grave.
"The province of a jury is jus
tice. Mercy and forgiveness is not
"Let the punishment which the
law says is his, be meted out to
him fearlessly and dispassionately,
and if any mercy there be, let it
be sought from that supreme law
giver of the universe, before that
spiritual tribunal," eternal in the
heavens, where In the presence of
his Maker he may implore God for
the remission of his sins.
"On behalf of the people of the
state, conscious of the sworn obli
gation and duty I have accepted, I
ask you for a verdict of murder in
the first degree Tith the maximum
penalty."
Mr. Baker's eloquence surprised
his closest friends and too much
praise cannot be bestowed upon the
young attorney, who has so ably
presented this case to the court and
jury. While perhaps he Is one of
the youngest district attorneys in
the west today, Nye county can be
proud of the careful and master
ful manner in which her district
attoifiey presented this, which is
one of the most important' murder
trials ever brought before a court
in the state of Nevada, and his
many friends congratulate him and
trust that this is only a stepping
stone to his higher ambitions, which
they hope he will realize.
At 11:30 Mr. Baker concluded
his address and Judge Averlll then
started reading his instructions to
the jury. This matter was con
cluded at 11:43 the jury retired to
determine on the verdict.
During the night session the room
was crowded as during the da,
women were again in evidence and
several remained until the jury re
tired for their deliberations. The
wife of the defendant pursued the
same tactics and made free use of
her handkerchief.
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