Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1883-09-18
RlSTRICr COURT.
Grand Jury sworn-Tho Judges
~.ss~-

Jury SwSrn-Tho Judges
Remarks-Oih her Matters.
The District Court. Judge Rives presid-
ing, convened yesterday morning At 1880
O'Clock. Twehty-three Of the twenty-four
Grand Jurors summoned were present, j.
q. Ford, the only absentee, not having
been reached by summons, on account Of
his being at a considerable distance from
town. M. A. Douthett, James Kyle and
X. d. Clarke were excused from service on
presentation Of reasonable cause. Joseph
Mendes, Jake Harris and John Maupin
were also excused, thus leaving the re-
CURED seventeen, as follows: r. Sadler,
Hiram johnson, M. d. Foley, j. 8. Whit
ton. A. W. Campbell, P. McElroy, j. v.
b: Perry, ]. H. Reece, b. F. McEwen,
VIM. Slattery, r. Zeile, W. O.Mills Jr.,
NJ. b. Bartlett, F. II. Hoffman, G. L.
Broy, W. H. Mathews and G. 8. Henderson.
The Judge amor need his appointment
Of Mr.. Sadler as foreman.
He h ordered the Sheriff to bring
into court the three men in custody whose
cases were to come up before tbs jury
Jesus Morales. charged with murder;
Frank Fray, burglary. and Charles Badge
vest, burglary. The accused being with
out means to employ counsel, the Court
appointed the following gentlemen to ap-
pear for them respectively: A. L. Fitz-
gerald, O.. G. Hubbard and R. M. Beatty.
THE JUDGES REMARKS.
Judge Rives said that he wished to
speak to the Grand Jury In limine, and
tbereupon thus addressed them:
He said to the Grand Jury that they had
been selected as q body of men who are
heavily interested in the public affairs OF
the county, and who represent all classes
Of society. He reminded them that 1t 10
their duty to inquire into the conduct of
county affairs with reference solely to the
public good. With this view they had
been selected without regard to party or
particular bias for or against any persons
with whom they mighthsve to deal, and in
disregard OF coteries or cliques which
might or might not be suspected Of having
any individual object to further or scheme
to promote. A number OF men had been
called to act upon the Grand Jury who
had served in that capacity before. He had
found it advisable to select men for this
duty who had frequently performed it
before. for the reason they are more
familiar with the work required Of the
Grand Jury. Having the advantages and
facilities acquired by previous experience
they are enabled, at once, to lay
hand upon the materials needed
for investigation OF county officers
records and other matters, and
can reach satisfactory conclusions there
from without delay; while, on the other
hand, Grand Jurors serving for the first
time are embarrassed as to how to pro-
coed. lose much time in the performance
OF their duties, and are apt 10 be less clear
and precise in their determinations. He
stated that the law pfescribes that he shall
instruct the first Grand Jury called after
each election to examine the accounts OF
the outgoing county officers. The pre-
ceding Grand Jury SO instructed had
made the required examination and had
made their report. lie would not def
nitely instruct the present jury TO act in
this matter, but the report was on file and
at their disposal. 1t was within their prov
ince, if they should think the interests of
the county demanded it, to take up that
report and dispose Of it as in their judg-
ment they might think best. He would
instruct the Grand Jury, however, on this
occasion. to use due diligence in overhaul
ing the accounts OF the officers at present
in charge Of the various departments of
the county government, to determine
whether or not public interests are duly
protected. whether affairs are being prop |
erly and honestly administered, and to
report in due torn upon any act OF
administration they might discover, |
il any such we're found. He urged
the jury TO proceed to work at once in q
business-like manner. They might be
held until some time in November, but it
was possible they might be dismissed in a
few days. He wanted them to remember that
every time they met it cost the county $5l
III men at So per day. They were not to
hold . few minutes session and consider
that a days work. They should do enough
work per day to warrant the charge OF So,
viewed in the light OF . business PROPOSE
ton. The secretaries Of committees, in
reporting upon work done by the men,
bers, should report the fractional parts OF
days work unless the full business day |
we're given up to labor SO as to warrant a
s. per diem charge npon the county. He
said he would, rs q beginning, be pleased
to have the jury take up the cases OF the
three men in custody before them immedi-
ately and dismiss them without delay
either by releasing the accused or finding
presentments against them.
His Honor said, in conclusion, that he
wonld like to be the first witness sworn by
the jury, as he had q statement which be
desired to make to them under oath.
THE COMMISSIONER CASE.
The suit brought by Hon. NJ. D. Foley
against the County Commissioner 10 still
on trial, bat the hearing Of the argument
on demurrer was put of for a day or Two
by request OF Hon. Thomas Wren. whose
partner, Mr.. Cheney. 10, for the present,
occupied 10 Q case 10 the United States
Land Once. We understand that Judge
Rives remarked that the construction OF
the 6rst sentence Of the statute under
which the suit 10 brought is OF vital i'm
portance, and that he wishes to hear coun-
sci discuss 1t fully. The mooted sentence
reads ~ follows:
Each person elected or appointed to the
Office OF County Commissioners In this
State shall give bonds, a. other county
officers. In the sum OF $4,000 before enter.
ing upon the discharge Of the duties OF
such office.
1t Ia held In demurrer that the word
"before," ~ used, places the Commission
ers charged outside Of the statute, a. they
had already 'entored upon the discharge
Of their duties" before the law was passed.
The opposition claim that the statute re-
ferred to does away with all preceding
enactments that conflict with il; that the
County Commissioners. unde the new
law, re-enter office; that they assume their
functions under this law IS a new point OF
departure; that, with respect 10 it, they
did not "enter upon the discharge of their
duties" until they had given bonds accord
ing to the only law which governs in the
premises. This is about the kernel Of the
argument as it appears to the mind OF .
laymsn.
Who Shot the Mexican.
A Salt Lake dispatch of last Thursday
says: The man who shot a Mexican at
Deep Wells. Utah, the other day, and