Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-04-19
THE

The First One of the Cases Of Con.
spiracy Against the Twelve
Union Miners Comes ON 90 be
Observation-Disclosures 60 Secure n Jury
Prove Futile-A Slig hG aOmm0-
to Discharge b Prisoner over.
ruled-The Case Continued for the
Term.
The Courthouse yesterday was again the
scene Of considerable interest, the trial Of
John g.. Kitchen, the first one OF the twelve
Union miners indicted and placed under
arrest on the charge Of conspiracy, coming
on to be heard in the District Court. The
courtroom was crowded to overlooking be.
fore the Judge entered, and among the an
dience were q dozen or more ladies. all Of
whom evinced, as did the entire number
present, a decided interest in the proceed
ings. It appears that on the evening pre-
vious at about 10 O'Clock notice was served
on the counsel for the defense that q mo-
ton for q change Of venue would be made
in open court, but inasmuch as such no
tice Is required to be given "a hours
previous to the motion being made, it was,
when made yesterday morning by District
Attorney Cheney, overruled by the Judge.
An attempt was then made to select Q
jury from the jurors impaneled, which,
after IN examination lasting for over five
hours, proved futile. A number Of tho
jurors evinced o desire to act, but upon
being questioned by Mr.. Reddy, counsel
for the defense, IL was discovered that
they 1.-THE anxious 0nes) regarded the pris-
oner as guilty and that it was for him to
prove his innocence. II was, moreover,
learned beforehand by Messrs. Reddy and
Breen that certain Of the jurors had been
instructed by interested parties how to
answer when being examined, and no
little commotion was created among the
audience when such was actually proven
the case. Considerable merriment was
created by the given by some of
the jurors, and the gratuitous offer
ing of their opinions Of the rights,
merits and dement's Of labor organiza-
tons. After it was found impossible to
select even q single juryman from the
panel, Judge Rives excused all of them
for the term.
Hereupon the counsel for the defense
made q motion to dismiss action against
the defendant, and that he, the said de-
PENDANT, be restored to his liberty upon
the following grounds, to wit: That the
Court has no jurisdiction over the subject
mentioned in the indictment or Of the
person OF the defendant. for the reason
| that the facts stated in said Indictment do
not constitute q public wrong; that the
combination, conspiracy and agreement,
charged in said Indictment against the de-
PENDANT, was not unlawful; that il is not
| alleged in said Indictment that the de-
PENDANT conspired or agreed with the other
persons named in said indictment to resort
to or employ unlawful means for the pur-
pose Of carrying out such unlawful agree
ment or said alleged conspiracy. The
Court at first declined to rule on the mo-
ton until he heard argument, but, finally,
after an explanation by Mr.. Reddy OF the
law and Of certain circumstances sur
rounding the case, it was ruled that the
motion be not allowed.
A motion was then made that the entire
twelve cases be continued for the term,
which was agreed TO.
Mr.. Reddy requested that the $4,000
bal, Of each Of the twelve prisoners be ma
terially reduced. whereupon the Cour
| ordered that said bail be reduced TO 81 ,00O.
The prisoner. J. G.. Kitchen. was then
remanded to the custody of the Sheriff.
Up until late hour last night no efforts
had been put forth by any of the prisoners
to secure bail, and the general superstition
is they will remain confined for the pres
| ant