Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-06-13

full assembly" came up for trial yester
day, before Justice WIlherel!. The pro
secution was conducted by Diatrict At
torney Patterson of OrmSby County, aDs
Nssers. Wood and Lindsay Of Store.
County. The defense was conducted b,
NIessrs. Ellis 4 King OF Carson. Owing
to the interest manifested i'll the tria
aud the desire OF many persons to b'
present, the case was tried in the Orms
by Comfy Die,riet Court Room. thai
place affording more rOomy accom- moda
lions for all concerned. At the opening
OF the case District Attorney Patterson
on the part Of the prosecution said thai
the arrest Of ID. Gree was made under q
Interpretation Of facts, and moved
that the charges against that gentleman
20 far IS concerned Mr.. Gree Was there
fore announced by the Court. The
names Of tho gentlemen summoned A.
Jurors WAS then called and their exxnlin-
alton as TO qualifications proceeded with.
t This examination caused considerable
debate, and the legal sparring among the
| attorneys caused much Amusement and
WAS the occasion OF frequent happy
repar,ees on both sides Tho greatest
good nature prevailed among the law
yers. The forenoon session was con-
sunIed in obtaining jury. the following
named gentlemen being finally accepted
to act as such in The case: James A. st.
ClSir. A. j. Lock wood. George Coming
William Cav~ii. jacob Winnie. c. S. Nc
Lean, Isssc Mcconnell. d q. k!izmeyer.
II. Shu!iz, J. Il. Gail ratb J. Bonsei
and J. Is. Bradley. The first witness
called WAS Sheriff Swift O: O.m>by
County. On beiCs questioned by Inc
prosecuting attorney a. 20 what was SAID
and done by the sssemblage 4: the .iums
when the Anti Chinese procsa ior ar
rived there, the counsel Tor the de-
tepsr. 4. G. Ems, Esq. objsct.d The
point raissd WAS basel upon the statute
dsfain. 49, 'uulAwiIl ASSEM- blage,"
which reaos: If two or more PERSONS
shall assemble together 70 do an unlaw-
FIJI act; and separate wi,bou: Going or
advancing towards ii, such persous shall
be deemed guilty OF an unlawful assem-
bly," t was conteaded that the phrase
ard separate wi:Lou. doing or advanc-
ING towards it, Was ~ much and neces-
snrv Il part of the statute definition OF
al unlawful asseIEbiage as the assem-
bling together to do AL unlawful act. |
and the admission of the fact thu, the !
assembly on which this trial il basod ,
did more than merely assemble and dis I
perss took the matter out OF the lIris- !
dlction of the Court in reference TO the !
charges preferred or the misdelneanor !
IS the doing more than simply |
and dispersiD. made the
ofenss or misdsmeaIor rout or riot,
and the lesser offsnse Was merged in the
greater. The matter was sreued 4, great
length, and tho objection finally over
ruled by the Court. A great many wit
nessss testified. perhaps the most i'm
por.ant Of which were Mr.. Tohey of the
Dii.s a Co Fiume works, aud Mr.. Dun
oar foreman Of the ChinAmrn employed
at Empire. 1t appears, in substance.
from the testimony Of Mr.. Tobey and
lawful Assem- bly, to the number Of about
seventy men proceeded in procession 10
the Flume south Of Carson, formed a
semi-circ in front OF the Office of
Nessrs. Tobey l. Parker. contractors,
Tho employed about sixty Cinnamon,
and through Mr.. Hone as their Captain
asked Mr. Tobey if he WAS in charge Of
he Cinnamon, aud on being answered in
no Affirmative, warned him to discharge
no Cinnamon and employ white men in
neir places, giving him forty-eight
hours in which to make the change. If
10; made by that time. Mr.. Hone. As
pokesman, said he would not then be
esponsibls for what might occur. Mr..
robsy asked Mr. Hone if he thought the
iovernment would not protec. them
Tobey d Parker in carrying on bust ,
sss III their own way. Mr.. Hone re-
lied that they (the assembly" aud
heir associates were strong enough 70 ,
nforce their demands. The An.i-Cool-
Is or whatever they term Themselves
hen proceeded to Empire and visited q
fr. Dunbar. who tesiitiss that they, by /
ir. Hone, warned him to discharge the
'hinamsn Of which he was foreman and
ubsti;ute white men in their places by Q
ext Monday ithis WAS Tuesday, and q
aid il he Was found q. that time hsrdinS
hinsmsn he (Hons) would he liabls TO
e filled with bullet holes and be Dun
ar liable 10 DO killed No injury IVES a
ous To any che, and hone Threatened or L
l:Ima.e2 INIT. the time allowed by them
,r the discharg. Of Tie China,rsu had
lpirsd. Mr.. Csds. it appears. was not :,
it'll the men when they visited the il
lunns nor vixen they went TO Empire, 81
1t me. ihem OF their return to Carson
I'd swung his hat and hurrshed with
.sm. and was heard 10y Sheriff Swift to >,
v that he Was their lieutenant. At the \,
OF the testimony. Mr.. Lindsay :,
dressed the jury for the prosecution /!
ID Mr. King for the defense. II was e
en- about IOLa O'Clock J.. ". aud tbs :
ourt adjourned TO . O'Clock this morn
&. when Mr. Patterson aul Mr. Ellis G
II speak. The jury dispersed 10y con- =
nj Of all paIties concerned.
tempt Ies Fire the North Carson
HlOistimS Works.
An attempt WAS made about 10 O clock 1
Saturday night to set f-e to the North