Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1875-07-22
the MOUNTAIN MEADOWS MAS.
SAcRE. M

Arrsixunsus or Dishsp Lea
Cisaa Of Wisssssss-Lsgal Biun'
dsrs-rhs Trial - PrscssA n.
dag. -
Brlyrr, July 2I.-In the Lee trial To-
day, Danes counsel asked the Court 70
decide yesterdays motion 10 quash
Danes indictment. ffl'
The Court refused until Lees case Il
disposed Of.
Lees counsel ssksd what vas 10 b
done With the first indictment against
him. and the prosecution refused 70 re-
Lee was then arraigned on the hrt
count In the Indictment, charging him
and seven others with conspiracy 10
murder, and the accomplishment thsrs-
Of. His counsel put in plsAs In sbats-
msnt: Ent-Thst the Grand Jury was
improperly impanslsd. -, Of the TWEEN.
ty.thrss Jurors drawn. eight we're dis
charged without cause, thrss drawn at
large, and q panel OF twelve finally
made, which illegal Grand Jury found
the Indictment. Ssoond-The indiot-
ment does not show, nor does the re-
cord, that the indictment was present.
ed by tho Grand Jury In open Court.
The prosecution asked till 2 O'Clock
to reply. Granted.
At q o'clock the prosecution dcmur-
red 10 the plea a 70 the Grand Jury,
and the Court sustained the demurrer.
Replication was fled u 70 the second
plea. denying its truth.
Tho Court asked the parties b sub
init proof % 10 Il. Each claimed that
the other side had the affirmative, and
both refused 10 romovs irt. Ill
The Court said the defense raised the
matter, and hence had the Affirmative.
Il refused 10 prove liz charges, and
therefore he ovsrrulsd the plea.
Lee then plead not guilty.
The prosecution moved the Court TO
make the records Of the Court conform
TO the fact that the indictment was pro-
sented In open Court by the Grand Jury.
and the Court made order to that effect,
nuu,c pro iunc. The Court said the in
dictment did not bear the Endorsement
OF its presentation, but was marked flsd
September ~. and numbered thirty.
The minutes showed number thirty was
presented by the Grand Jury. He had
always instructed tho Clerk not 10 put
the names OF indicted parties on record
till arrested. Hsmisht Just a. we'll pub
lish them in the newspapers.
The defense feel sure this matter will
win their case In the Supreme Court.
There is very general talk on the streets
about the blunders Of the Federal at
tornsys. The FIRST Indictment proved
worthless. because II did not state where
the crime wa oommitted-nsithsr State,
Territory or county. The second In
dictment was not Endorsed by the Clerk
as presented, and now exceptions have
been taksn, which the defense declare
themselves willing 10 risk all II to
win.
The court asked the parties II they
were ready for trial.
Dame asked to DO tried jointly with
Lee, for fear his trial would not be reach
ed this term.
The prosecution objected, and the
court refused to order o joint trial, and
said the casss should DO tried this term.
and II II lasted TO the last day he would
ask the Governor 10 extend the trial till
flushed.
Loe's counsel asked till tomorrow to
answer II they were ready to 60 70 trial
ON the conspiracy case.
The court granted II, but said . very
strong showing would DO required 70 get
any further continuance.
II Is now believed the trial will end
tomorrow. Tho feeling In town In In
cressing against Lee. He appeared in
court with three wives and two daugh-
tsrs. and seemed cool and collected. 4
stronger guard than usual was kept by
the United States Marshal. The wit.
ness now here probably could never b.
got together again.
LArER.--The attorneys for Lee and
Dame tonight decided to answs that
they were ready to 60 on with the trial
on Thursday morning. New witnesses
are constantly turning up, .