Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-27
THE DEAN HOMICIDE.
PARTICULARS OF THE FIRST
DAY OF THE TRIAL.

The Counsel for h Defendant FIJI
nm objection to n Jury Panel
!, Testimony of Young Kattenhorn
who Had lust Left Dean Prior {
.he Shooting, and y. q. BrOy1es
who administered to n Want
Il OF the Deceased Daring His Sui
ferings, and Other ImpOrtan
witnesses.
The case OF the State Of Nevada vs.. g
T, Jenkins came on for trial in the Distric
Court yesterday morning. District AT
torney Cheney moved for 9 continuance
which was overruled. Peter Breen. Esq.
was added as counsel for the defendant
This counsel objected to all the panel o
Jurors, on the ground that q material de
psrture from the forms prescribed BY
statute In respect to the drawing and re
turn OF such panel and OF each and all OF
the said Jurors named therein-in this,
that such panel and the jurors comprising
| the same and the whole thereof were not,
| nor were any persons selected as jurors,
nor we're their or any OF their names OF
| the names of any persons. entered on the
| minutes Of the Board Of County Com
| m~issioners with either their occupation or
place Of residence. or at all, nor we're their
or either of their names or the names OF
any persons whomsoever written on sepa-
rate or any slip OF paper. or deposited in a
box known as the " jury" box, as provided
BY law, or at all, by the County Commits.
sioners OF Eureka county, or any other
person, at the first meeting OF such Com
sioners after the first day OF April, 1855,
which first meeting thereafter was held on
the 9th day Of April, 1885, nor were any
OF the above enumerated things done at
the next meeting of said Commissioner
held on the 7th day OF April, 1885, or at
the next held on the Goth day OF April,
1885, or at the next held on the 22d day OF
April, 1885; that the persons comprising
the panel and hereby challenged were,
with other persons, improperly and lille.
gally 1.-THE time therefor having long thero-
tofore passed. selected at the fifth meeting
of said Com missioners after the LIST day OF
April, 1885, held on the 4th day of May,
and, further. that the panel hereby chal-
lenged, or any Juror named thereon, was
nOb IBkuI OA OAOubhs ~
the September, 1885, term Of said court.
upon a venire issued by the Judge OF said
District Court, owing to the jury box be-
ing exhausted. or il any manner provided
by law. The defendant, therefore. asked
that said panel be dismissed from the con.
sideration OF the case. The same was over
ruled aud an exception taken. The i'm
paneling Of a jury was then proceeded
with, but the venire becoming exhausted
before the required number was obtained,
an open venire was ordered issued by
Judge Rives for "12 good and lawful men.
qualified electors from the body OF this
county aud not from the bystanders
around. about or near our court"
After recess q jury consisting OF the fol-
lowing named was obtained: II. Luzinger,
John McAulay, Thomas Leonard, E. Nc
Cormick. O.. II. Farlinger. e. s. Wilcox.
A. G. Suetsinger. T.. s. Sloss. @. II. CLARK,
w. E. Wright. @. H. Cronant and Mat
Scbatzlein.
Otto K%attenhorn, being duly sworn.
said: / reside OF Bullion. knew Joe Dean
in life; saw him last at Slaughterhouse
Canyon; docking at diagram;) that is q
fair representation OF the locality; Mr..
Dean was in camp sitting on q box when l
last saw him; next saw him q little from
the box dead on or about the 10Th OF
September, 1885; this was after the shoot
ing and after ! had come In camp; Mr..
jenkins said this was q bad occurrences;
that he (Jenkips) had to do 1t; when lift
ing him into the wagon Jenkins said that
he had fired two blank shots TO scare Dean
and drive him from him, and then fred to
his him; ID was about three hours between
the time l saw him dead and alive.
| GrOaaIQya m IN al naan WAS het1ey0.
dead when I came into camp; / took hold
of the body; Broyles felt on the breast OF
the deceased; Dean never moved or gasped
after ! got there, I think; there we're no
evidences Of q struggle that l could see;
don't remember whether there was a pill
low under his head or not; Jenkins was at
his camp. some 200 feet distant from where
the body was; there was no one with Dean
when Broyles and l came up together; l
assisted Broyles and Jenkins also assisted
putting Dean in q wagon; l went alone
with the body to the ranch; there were no
marks Of blood that ! saw except on the
robes and the clothes of deceased when l
came up after the shooting; Dean was eat
ing his lunch when l left him; never said
/ saw Dean going to Jenkins camp; IL was
about three hours from the time l left
Dean until returned; II was more than
two hours; il was about . O'Clock IN the
evening when / got to Deans ranch, IA
miles distant. with the body; II was about
10 O'Clock when / left Dean. and about 3
in the afternoon when I returned; l took
lunch with jenkins; was born in Oregon;
will be 16 years old next month; was in
Mr.. Deans employ only a few days; ]
worked for him some 80 days in the haying
season.; think it WAS three miles distant
where / took the horses to feed on the day
OF the killing; II was necessary that ]
should take them that distance, in order
to get good feed for them.
Upon the close Of the examination the
District Attorney submitted the case,
Then Mr.. Beatty arose and moved for the
discharge OF the prisoner upon the ground
that the State had not made out q case
against the defendant, inasmuch as the
testimony given was not sufficient to prove
tina. the defendant had shot or killed Dean,
The motion was overruled, and the defense
excepted.
s.. G. Broyles, being duly sworn, testi'
fed: Am a sheepherder; have Of late beer
employed by the defendant; went to worl
for him on the 9th of August last; saw or