Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1889-04-20

Tire District Attorney OBJECTS 20
0ofsg Go Trial without HIS VII
neweeM.

tho iOAtONink aAA1~fN
ney Breen that be was unable 10 pro
coed with the trial. for the reason that
three Of his principal witnesses we're cat
Of the State, and that be had been IN
able to have them subpenaed. After
considerable argument BY counsel %
both sides, Judge Fitzgerald posiPooi
the case until Thursday, May
AFFIDAVIT.
10 the Distries Court q The stats Ct
Nevada, Eureka county.
The State Of SsvsdA. PiainH1, Vs
Charles ". LAdd, defeoeknt
STATE OF NKvADA. IA.
County Of E1rskA
Peter Bresn, being SIRE; daily ss3rrs DE-
! poses ana SAYS that be is The daily elected.
| qualified and setting District Atto-rsy IN
and for the eounty oi E1rskA State Of
| Nevada: that o. the sighih DAY Of De
| cember, A. D. ISIS. there vAs 1isd io The
| above named souri, A in3ietrect against
| Charles ". L1dd, tbs above named de-
fendant. for . felony, 10 vii; grand lar
ceuy, for the unlswiul. vital aud fsloni-
Gus stealing. taking AID carrying s-sy 81
76 pounds o. lead, silver and gold, Of TIE
value OF 500 gold ccir Ct tie Cniied
States and the property OF another. 70
wit: Of the Eureks C~ooso11Aied MINING
| Company. o corporstio1 daily orgAriZed
add existing nader Asi By virt1s Of the
lava Of The state q California aad doing
5~usinsss in Garcia coanfy. and State Of
| Nevsdk: that ssid grand larceny wss com
| nistsd b. The said defendant in the county
| Of EurskA. and State CT Nevada. on or
sboui The 10Th day Of August, A. D. ISIS;
shat said defendant appeared IN said cause
10 the Aforesaid court on or Ebo1t the l7th
| day Of Dscember, A.. d. ISIS. and plead
| uot guilty 20 the ofsnss charged; that
| Henry D0nnelly is the prosecuting wit
| uess 10 said cause and fled the complaint
in the Justices Court in and for E1reks
township, Eureka county. State Of Ne
EAda. upon which the warrant for the ar
| rest Of said defendant vas made. And
,his dsponea. further says that Henry
| DOnnslly, J. L. Wines and NJ. d. Foley
are necessary snd material witnesses for
he State Of Nevada on the trial Of this
| cause, and that be csnnot safely proceed
| 10 the trial thereof without the benefits Of
:heir testimony, and the testimony OF
zach and all OF them: that said Henry
Donnelly, j. L. Wines and NJ. d. Foley
are now and for years past have been resi-
i ltutt VI thiQ LuEchA COuuAyy anu tntr uC-
1onent further says that being conscious
4 the materiality Of the testimony OF the
aid Donnelly. Wines and Foley. be caused
| On the 10th day Of March. 1889, to be
| iuiy issued in said cause ~subpenas di-
| rected to each and all Of the Aforemen-
| toned parties, to wit: Henry Donnelly,
| +. L. Wines and M. d. Foley, requiring
them 10 appear on the 18th day of April.
A.. d. 1889, the same being the day set
for the trial OF said cause and testify on
behalf OF said State Of Nevada. plaintiff
herein; that said subp9nss. and each and
all OF them, we're on the same day placed
in the hands OF the Sheriff Of Eureks
county, said State; that said Sheriff on
the 21st day OF March, A. d. 1889. duly
and regularly served the aforementioned
J. l.. Wines with q Of said subpenas, &c
wit: the subpoena directed to said Wines
in the town and county OF Eureka, Stat,
Of Nevada, as shown by the return Of said
Sheriff Endorsed on said subpoena, tC
which reference 10 herbey made. Depo
nent further says that in disregard o.
said subpoena, and in contempt Of this
Court, the said ]. L. Wines has refused
and failed to appear in said court on tn
lay 30. down in his said subpoena for tn
trial Of said cause, and 10 now beyond til
control and reach Of the process OF thi
court, he, the said Wines being at tn
present time . temporary resident OF Sal
francisco, California, so deponent h. IN
formed and believes. said depOnent hay
ing received Q letter from said Wines oil
the 11th day OF April, 1889, which sail
letter bears date the 7th. day Of April, A
d. 1889. at San Francisco. California, il
which said letter Wines expressed doubt
Of his ability TO appear in this court oil
the day set for the trial OF said cause, 4
wit: on the 18th day OF April. A. d. 1889
And deponent says further, upon informa
ton and belief, that be expects to be abb
TO prove for the prosecution in this caus
by said ]. L. Wines that on or about tn
22d day OF August, A. d. 1883, in tn
Office OF Wells, Fargo q Company, in tn
town OF Eureka, said county and State
the said Charles W. Lsdd confessed I
said Wines that be. the said Lsdd. di'
commit and was guilty Of the eharg
made against him in said Indictment, an
that said confession was made by sal
Laid TO said Wines freely and voluntarily
and not under the influence Of promises o
threats.
Deponent further says. upon informs
ton and belief, that he can prove by sal
Wines, for the prosecution In said cause
that on or about the 4th day OF Septem
Der, A. d. 1888, in said town, county an,
State, the said defendant Ladd confesse
to said Wines that he. the said defendant
lid commits and was guilty OF the offens
charged against him, the said LAdd, 4
said Indictment, and did steal, take an
carry away from the Eureka Consolidate
Mining Company the property named l
said indictment and as set forth In sal
Indictment; that said last mentioned cor
fession was made by said Ladd by afidavi
in writing, and that said affidavit was spt
scribed and sworn to by said Ladd In tn
presence OF +, Fl. Harmon, Esq, Clerk
: said court, the said Harmon then an
there taking the Justification OF said Lad
to said affidavit; that said last named cor
fession by affidavit was made by said d,
/ PENDANT to said Wines. freely and volur
! tarily. and not under the influence {
promises or thrests; that said last name
affidavit was given to M. D. Foley. wh
took ii TO Chicago, in the State Of Illinoii
for various and sundry purposes ~connecte
with the charge against the said defend
ant. Deponent says further, that th
: aforesaid confessions and each and all {
? them cannot be proven by any other wi
ness or person whose deposition or attend
. snce might have been obtained at the tril
Of said cause. save and except by th
aforesaid j. L Wines.
That the prosecution in said caus
first learned on the Sd day Of April, 1885
that the attendance or deposition OF sal
j. L. Wines could not be obtained on th
! day set for the trial OF said cause, to wi
the 18th day OF April. 1889.
This deponent further says that th
prosecution herein, to wit: the State c
Nevada, failed to make service by sui
pena upon said M. ID. Foley as q wi
/, ness for said prosecution in this caus'
for the reason that said Foley has eve
since the said 18Th day of March. an
for some days before thai date. been b.