The silver state. [volume] (Unionville, Nev.) 1870-1903, 1880-09-17
THE ST. CLAIR TRIAL.
A Jury Impaneled at Iast-The Indict-
ment Missing, but Safe In the Vault.

ment Missing, but Safe In the Vault.
At o'clock, yesterday afternoon,
the panel of jurors in the st. Clair case
was filled, and sworn to try the defend
ant in accordance with the law, as laid
down by the Court and the evidence,
as sworn to by witnesses Some seventy
jurors were examined, from whom the
following named were accepted:
John Byrnes, Antoine Hinkey, Ash
Lane, Pat Mcguire, Thomas Benson,
Robert Clifford, w. I'll. Woolcock, Paul
Jasmine, Joseph Myers, William Bailey,
Desire Pascal and John Richards.
As the District Attorney was about
to open the Court for the prosecution,
the indictment could not be found.
The Clerk instituted search for the
missing document, and all sorts of
rumors were set ahoat relative to it's
effect on the defendant if it could not
be found. Some contended that the
defendant having been in jeopardy, by
reason of the jury having been impan-
eled, could not be tried again even if
another indictment should be found
against him, while others held that the
indictment as recorded in the minutes
of the Court was sufficient The law
yers had very little to say about the
matter, and the Court remarked that
the document was certainly mislald,
as he should be sorry to believe that
some designing person had taken or
destroyed it, and to give the Clerk
opportunity to search for it among his
papers, Court adjourned until 10 o'clock
to-day.
The missing paper was found by the
Clerk, securely slowed away in the
vault, where he had put it for safe
keeping, shortly after Court adjourned.
TIE CASE OPENED.
Quite number of spectators were
present when Court opened to-day.
The defendant, accompanied by his
devoted wife, who has explicit faith in
his innocence, took their accustomed
places inside the railing. The Clerk
called the names of the jurors, and all
responded. The District Attorney read
the indictment, the plea of she defend
ant, and opened the case for the State.
THOMAS CAMPBELL
Was the first witness called on the
stand. He said he was at Lovelock on
the 2Sth day of July last, hauling posts
from the station to Marzen's ranch !;
passed Tulley's ranch about shutdown.
Witness was asked to point out on a
map of the scene of the alleged murder,
the place where he last saw deceased
alive. Witness was on four-horse
wagon, probably eight feet high while
sitting on the seat; something over a
quarter Of mile from Tully's, he heard
shot looked up and saw defendant
firing pistol near Tully's house; heard
three shots defendant walked up few
steps and squatted down; defendant
then got up and run toward Tully's
house he then came back, and witness
heard a shot from small pistol de-
PENDANT then walked up toward the
station and met some person on horse
back he stopped few minutes and
then started toward home !; witness
then went toward the Tully place to
see what he had done when got into
the road defendant was 100 rods of
lying down; l found Tuuy laying
dead on the bridge, the body with the
left side ON the bridge, small pistol in
the right hand defendant fred the
three shots | saw; the report was loud /;
| the ground between where / was
and the bridge where found Tully
is level; crops growing on the land;
wheat and barley was partly headed
out. Theodore Wild accompanied me
to where the body was found. The
bridge / alluded to is at Tully's house.
The bridge is about five rods from the
house. This occurred i'll Humboldt
county, State of Nevada. Defendant
went from the house to the bridge in a