Students participate in mock trial

VIRGINIA CITY -- In 1896, a jury here found Thomas Woodliff guilty of manslaughter in the killing of Thomas O'Rourke. More than 100 years later, Woodliff fared no better.

A jury made up of Virginia City High School government students ruled him guilty of second-degree murder during a re-enactment Thursday of the century-old case.

The jury's decision came despite allegations from the defense attorney that the victim, O'Rourke, was "nothing more than a volatile Roman-Catholic Irish drunkard."

Storey County District Attorney Harold Swafford and defense attorney Virgil Bucchianeri spared no theatrics when pleading their cases, based loosely on facts from the murder trial 107 years ago.

Swafford pointed to a Territorial Enterprise article in which Woodliff was quoted as having said, "I said to (O'Rourke), 'You son of a bitch, I told you to stay away from the house.' O'Rourke made an insulting answer and I shot him."

Documents from the original trial state Woodliff had warned O'Rourke to stay away from his sister.

When Woodliff arrived home and found O'Rourke there, he shot and killed him.

But trying a century-old murder can get complicated.

While cross-examining Sheriff Wyatt Quirk, played by television personality John Tyson, Bucchianeri asked him when the pistol was made.

"In 2000," Tyson answered.

"But it's only 1896," Bucchianeri reminded him.

"Stranger things have happened in this county."

And when Bucchianeri asked him if he advised Woodliff, played by Superintendent Henry Kilmer, of his Miranda rights, Tyson answered: "No because that law wasn't enacted until 1967."

Drama students, dressed in period costumes and tennis shoes, played the parts of about a dozen eyewitness and character witnesses.

Nikki Grey, 15, played Woodliff's sister, Clara.

Bucchianeri asked Clara if she was having an affair with O'Rourke. Using Clinton-era tactics, she stalled.

"Define affair," she demanded.

"You know -- hanky panky," Bucchianeri responded.

With the clarification, she admitted, "Well, yes."

Swafford said the elaborate production was worth the lesson it taught.

"The Fourth Amendment of the U.S. Constitution guarantees everyone a right to a trial," he said. "Our system protects our citizens against tyranny. It's a good learning experience for our high school kids."