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PAGE SIXTEENSTATE RESTS ! CASE AT TRIALSelf Defense May Be Couple’s PleaIndicating that a plea of self defense to the charge of slaying Man* uel Rojas would be made, defense attorneys for Homino Ochio and Nora Henderson today will present in district court their version of the shooting near Gerlach April 9 in which Rojas was fatally wounded in the head.The state completed its case shortly after 3:30 p. m. yesterday, and M. B. Moore, associated with William L. Hacker as defense attorneys, outlined to the jury what the defense expected to prove, | Moore said that Miss Henderson and Ochio, both Indians, probably would be placed on the stand today to testify on their own behalf. The trial wiU resume at 10 a. m. before Judge William McKnight.Alleged confessions to the shooting signed byPchio and Miss Hen- ( dcson, were read into the court re- 1 cord yesterday by District Attorney ( Ernest S. Brown as the state com- ] pleted its case against the pair. j Moore in his statement to the j jury said the defense expected to lt;prove that Ochio acted in what he | believed to be in defense of his life ; when he fired a .22 caliber bullet at Rojas. The shooting, according , to the confessions, occurred on a ( lonely stretch of road 17 miles , north of Geriach at 4:30 o’clock the , morning of April 9. ,Moore said he expected to call ( four witnesses to the stand, and that the defense’s case would probably be presented by noon today. The case may go to the jury of 11 men and one woman by tomorrow night, it was indicated.Ten witnesses were placed on the stand yesterday by the state as District Attorney Brown attempted to trace the story of the shooting and the subsequent arrest of Ochio and Miss Henderson.Deputy Sheriff E. C. Cupit of Washoe county was the principal witness during the day as he related the story of how he and Deputy Sheriff Ben Parks investigated the crime, arrested the two defendants, and later obtained from them signed confessions.Cupit declared that the confessions had been given voluntarily by Ochio. One confession, signed at Gerlach by Ochio, accused Miss Henderson, of having fired the fatal shot. Later, when Miss Henderson had been arrested at Nixon and was confronted with Ochio in the sheriff's office here, Cupit said, Ochio had admitted firing the fatal shot himself.At that time, Cupit said, Ochio had signed the second confession. Moore Then asked Cupit if Ochio had been notified that any statement he made might be used against him, and Cupit said he had, Moore objected strenuously to the introduction of both documents as evidence on grounds they were obtained after Ochio had be?n intimidated. Moore accused Cupit of having placed Ochio in jail at Gerlach in a cell where he could see Rojas' body.Moore successfully protested against testimony by Cupit in connection with conversations of Cupit and other officers w.th Ochio prior to the time the Indian made the signed statement at Geriach.Deputy Sheriff Ben Parks testified concerning discovery of the rifle used in the shooting. He said the rifle had been hidden off the highway between Fort Bidwell and Alturas. Ochio showed him where the gun was.G. F. Brooks, a resident of Gerlach, testified briefly that he had seen Ochio and Miss Henderson asleep in their automobile a few miles out of Gerlach at about 6 a. m„ April 9.Alva Jackson, ranch hand from the Fisk ranch north of Gerlach. testified he heard a car stop and start again near the spot where the slaying took place.Justice of the Peace William Parker of Gerlach told his version of the case, while Constable Harry Hughes of Gerlach testified as to the finding of the body.Testimony on aspects of the case was given by Oiaf Johnson, CCC youth, who found a suitcase which evidently had been lost from Ochio's car; Curtis Matthews, deputy sheriff of Fort Bidwell who assisted local officers in finding Ochio; E. F. Kowolowski, Alturas, superintendent of the bureau of identification of the Alturas sheriffs office, who testified he saw Ochio in Alturas, presumably when Ochio was returning to Fort Bid-well from Nixon; Emmett A. Powers, Cedarville service station operator, who said he sold gas to the trio.
Newspaper Details
Nevada State Journal
Reno, Nevada, US
Thu, May 08, 1941
Page 8
Full Page
Clipped by
Christopher B.
NA, 14 Aug 2024
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