Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1884-02-27
THE wATER-Cl.OsEr CASE.
An Immediate Verdict Of Acquittal



Rendered.
The case Of the State Va. N. Smith and
William Arlington, County Commits
%sioners, but better known as the water
closet case, occupied the District Court,
His Honor Judge Rives, presiding, nearly
all of yesterday, and was argued last
night. Mr.. CARRIER, District Attorney,
handled the prosecution alone, while
three heavy brace of lawyers were arrayed
against him for the defense, to-wit:
Lansing & Mitchell, Baker & Wines, and
Wren d Cheney. The courtroom was
pretty well filled during the course Of the
trial, and considerable interest was mani
tested in the result. The case, as il ap-
pears to this layman, was simply this:
that the two Commissioner named were
tried under a ~presentment by the Grand
Jury for wilful misconduct in Office. The
charge was that they caused the Court
house privy to be built at q cost of $640 or
th~ereabouts, without advertising the same
as q contract to be let TO the lowest bidder,
the law directing that all contracts let by
the county. amounting to $500 or over,
eAt%%s ~ ~ tADOAe Az zoe ~
evidence adduced for the prosecution, the
defense offering no testimony at all, that
the Commissioners did not think that the
expense Of constructing the water-closet
would amount to $500; that the diff
ferent parts OF the job were given out to
different persons; that in order to make
the privy what is required in such an in
~stitution in such premises, after the con-
~struction had begun, it was found neces-
sary to enlarge 1t, which increased the
cost materially above what had been the
rough estimate in the outset. It was sat-
is~factorily shown also that the material
used and the labor employed were paid
for at reasonable market rates. IL was
further proved that there was no coliusion
in the management of the job, and that
the Commissioner were free from any i'm
putation of fraud or misconduct in the
matter. In other words, to sun it all up,
the defendants were entirely INDICATED.
Judge Rives advised the jury that the facts
were not sufficient to warrant q convic-
ton. They chose Mr.. Leeser as foreman,
and without rising from their seats rem
dered q verdict Of not guilty. Thus ends
the first Of q series of cases involving
similar charges. The result will be re-
ceived as satisfactory by the people who
believe that the Commissioners acted hon.
estly. The present Board enjoys the con-
fdence OF the public. The county gov
eminent under them Ia fair and economi-
cal, and they are entitled to SYM
patty and encouragement in the dis
charge of their duties. The root OF the
trouble, Z. t. Trofatter, IL too far away
to be considered in the prosecution. Last
| night, while Mr.. Arlington was on the
witness stand, q reporter Of this paper
| happened in the Courtroom. The manner
| of the witness was such as to impress him
| and all others in the room with his entire
| sincerity and candor. His answers were
| plain, straightforward and unstudied. His
whole air was that Of a man perfectly hon.
est at heart and fearless before his accus-
ers. There is no question OF his integrity,
and the last Grand Jury will always have
it to regret that they, as far as they could,
besmirched his reputation. There is not a
man in Eureka county but will ultimately
realize that VIM. Arlington was wrongly
| presented for trial. Nor have we the re-
hottest doubt but COMMISSIONS Smith
also will be fully acquitted again as
he was last night. 1t would be we'll
for the friends of good government in
the county to stand by the present Board
Of Commissioner and discountenance
any captious interference with Thorn by
any parties who may have little axes to
grind or petty spites to crafty in the
future. We have nothing to condemn in
those who instituted the suit disposed Of
and those pending, if they were actuated
| by such motives as do honor to o citizen
who regards only the public welfare. We
| speak with reference to the future. In
addition to the two gentleman named, we
have Dav. Baily on the Board. He is q
man who is above corruption. and whose
every official act is consistent with his
view Of the public good and in solemn re-
gard for his oath as a public servant. We
are we'll governed. Let us hold up the
hands of those who are at the helm, and
frown down those who may be disposed to
embarrass them in the discharge of their
duties.