Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1874-02-20

FIRST Dali
Yesterday morning at lois O'Clock
Aha District Court convened. and after
dsposiug of some civil matter, proceeded
,ri,b the case OF the State VS.. Owen
rsrpnson, indicted for the murder of
Robert Ash on the 18th OF July last.
The defendant was tried in this court
last Fall and convicted Of murder, but
upon appeal to the Supreme Court new
trial was ordered. Judge Aud appeared
rs counsel for defendant. and A. B.
O'Dougherty having volunteered to
assist in the case. John P. Kelley was
excused from acting as one Of defend
ants counsel. On motion of District |
Attorney Goldthwaite, =. ID. Handy was
aided as an associate counsel for the |
State. Thompson Campbell was ap-
poipted to take down the testimony III |
The case. All preliminaries being ar
ranged the Clerk called the roll Of jurors, |
when f. Baker, II. Ward. p. Dongberty, |
J.F. Halock, James s. Stockdale, j. d. |
Hickox, G. Knight. A. Koch, Joseph |
IlseDllduD, ~. II. Dhiio. n. W. WILMA,
Julius Hoffman, S. K. Willis, James
Clancy, r. G. Schofeld, John Hughes,
Peter Gamble, s. F. Carpenter, Frank
Barrett. d. Mckay. jacob LAWN, S. d.
Bass, c. Cason, Nj. Holland, Joseph La
Flour, Thomas S. Grieves. Frank Gov
ern. John Cartwright. A. d. Jones, Z.
Thompson, ]. c. Zeimer, Frank r. Car
ter, L. D. Turner. j. W. Lemen, E. c.
Drllipgr and Andrew Snodgrass were
sworn 10 answer questions propouuded
TO them touching their qualifications as
iurors. or the sc sworn To answer Ques-
lions, only G. Knight, q. E. Bello, 5. Il.
Willis, II. &. Schoheld, John Hughes,
Frank Barrett, Q. Cason and Frank Gov
ern passed, all the others having been
excused fer cause. Hughes was chal-
lensed by the State for actual bias, and
the chnlleuge being referred to A. B.
Hunt, p B. Miller and b. II. Hereford
Us triers, it was found that the chal
lenge was not true, An attachment was
issued for defaulting jurors, and
Deputy Sheriff was ord-red to bring
them into court. after which n recess was
taken till 3p. M. 1t should be stated
that the eight jurors who have passed an
examination are subject to peremptory
challenge. the State being entitled to five
and the defendant to ten peremptory
challenges.
AFTERNOON SESSION.
The Court convened ut 3 o'clock.
John r. James aud Geo. c. Johnston
were sworn 10 answer questions, aud the
indictment was read for their informa-
ton by the District Attorney. Both gen.
tlemen were excused for cause. This ex-
hausted the panel.
The question then arose as to how
other jurors should be obtained-wbeth-
er by drawing them from the jury box or
by allowing the Sheriff TO summon them
from the body Of the county. The qu.s-
ton was discussed in all its bearings by
the respective counsel and the Court Or
dered q venre to issue for 100 jurors to
be drawn from the box and returned on
Saturday at 10 a. m. During the discus
sion of this question the ciudities OF the
present Jury law were fully ventilated.
By the operation OF that law every juror
who appears and answers TO his name,
although he may not serve, will stand in
the position OF those who have appeared
regularly whenever wanted during the
whole of the December term. This
seemed great inequality, and
one which his Honor from the
Bench and the respective attorneys de-
precated; but, with all respect, we beg
to call the attention of these gentlemen
20 one of the parallels used by our Lord
wherein he declared that the one who
came to labor at the eleventh hour was
entitled to the same pay as he who had
labored the entire day. The drawing OF
the jury was ordered in accordance with
the views of defendants counsel.
Another question presented itself while
eight Jurors who had not been excused
for cause sat in the box, and that was
whether the respective parties should ex
ercise or waive the right to peremptor,
challenge before the panel was fuil-th'
State taking the affirmative and the de
PENDANT the negative. While this discus
sion was going on, II. G. Bryan, DAME
Ross and Thomas Gillen appeared an
were sworn to answer questions. Th
indictment was read for their informd
ton, and after they had been separated
Intercepted, each was passed. Their
were then eleven jurors qualified {
serve, and the Court ruled that challene
ing should proceed. after which tn
Jurors not challenged should be sworn t
try the case, and placed in charge OF
bailiff. To this ruling the defendant
counsel excepted, on the ground that
was not proper to be compelled to exc
else the right of peremptory challent
until the panel was full. The Sta
challenged c. E. Bello, the defendant
G. Schofield and Frank Barrett; Il
State next excused John Hughes, the d
PENDANT S. r. Willis and c. Cason. III
following Jurors were then sworn to !
the case: @. Knight, Frank Govern,
G. Bryan. Daniel Ross and Thorn
Gillen. Before being sworn Mr.. KING
arose and said that he could not co
scientiously sit upon that jury, ana {
clined to be sworn until peremptoir
ordered to do so by the Court. n
Bryan stated that be was opposed
capital punishment; but as each OF
parties had accepted these gentlemen
Court declined TO interfere. Seven Jur'
are yet to be obtained, and as out OF
Al gentlemen who were sworn to ansV
questions yesterday, only five lnr,,
were obtained, it is more than likely u
it will take oil day tomorrow to oot
the requisite twelve intelligent Jurors.