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

.iou De sforpsAid ecesss-ion By affdsvit
q said dstsrdkns sns knovs The contents
thsrscf. Derczs1t farther says that The
Aforesaid eorfsssiozs 81 gniit. made 81
ssiA sessrzart 70 sAa N. D. Foley. can
sos b c-over ~ any ether witne<s whose
~as-c<st5un rr afserSxrc night have teen
ehfsires % ashka e The prosecution Al
ssid triL ar ofher~fss save s.e except
~ ara througt sHis n. n. Foley; hat
sad lsst nxnsd co1teSssoo 81 gait ana
snch and al Of then. we're ehtEned from
ssia Ssss161rt fressy ard Voluntarily and
act =HSsr The i1fosnos 81 premises or
thrs&tx
Dspoosot farther SAYS, uPon intorEA-
ioz Nzt eslisi that t1e Aforesaid Henry
Do1oslly hAs been h<y01d TIE reach Snd
cootra a tins Courts process ard Legal
-kr5ata< ever siDee the 81 day q Jana
AZ. A. d. ISIS. ana thsi said Doc1elly 10
81 tie pressrt tine . temporary resident
q Skn FrAnessca California; aha, the
yrosSczUon hsrst1 has ssed due dLissnce
. Chain TIE Ksssraares Of said Henry
Doznslly At sksd Trial, bat failed tbeirsin,
Tor the reason kforssxs3, 70 vii: said Don
os,iy having been At al times since the
ssfurS q Trial Aforementioned 81 said
oszse. ssd being at The present time Be
yona TIE reseh &C this Courts process;
that the p~rosecrEon can prove By said
Donrsliy that the property named in said
irdictnSut. % vit: % pounds Of lead. sil-
yer ard gold, Of tbs value Of $500, vks ct
AL times. nsntionsd in said iadiet-
nsuL The property Of the said Eu-
rskA Consolidated Mining Company,
ard that said defendant u~nlsEfuIly,
uilfuily and fsloniously Appropriated
sad property 10 his own use aud beoefi in
the manner set forth in sAid indictment,
and without the khosledge. consent or
connivsnce Of sAid~Eureka Oon. Mining
Company or OF any Of its authorized
agents; that said last named fscts cannot
be proven by any other witness. person or
persons, whose attendance or deposition
might have been obtained at The trial OF
said cause. and except BY and through
said Henry Donnelly; that dePonent fret
learned that said Donnelly could not be
present 81 said trial, and that his deposit
lion could not be had 81 the date Of this
deposition, TO wit: the 18th day OF April,
1889; that deponent had Information
which he considered reliable that said
Donnelly would be present In said Eu-
reks county not later than this date;
that, said Donuelly 10 the Superintendent
Of tue said Eureka Consolidated Mining
Company, and has full charge OF ell Of
said company's works and business in said
county, within very brief periods, TO A..
tend TO the interests Of said company; that
deponent is informsd and believes that
said Donnelly will be personally present
in this court, and will testify TO the fore
| going facts on Friday the 3rd day Of May,
A. ID. 1889; that orders were received by
A.. s. Burt, foreman Of the Eureka Con-
solidated mine, in said county and State,
said mine being the property OF the sfore-
said Eureka Consolidated Mining Com
psny. and OF which the said Donnelly is
Superintendent, to begin at once opera
tions in said mine By working the same,
and that said operations will necessitate
the presence IS aforesaid Of the said Don
nelly, in said county and State, not later
than said 3rd day Of May, A. D., 1889.
That from kilograms received by Hon.
A.. L.. Fitzgerald from said NJ. d. Foley,
on the 18th day OF April. A. d. 1889, de-
ponent believes said Foley will be present
and testify for the prosecution as Aforesaid
upon said 3rd day Of May, 1889, and de-
ponent further says. upon information
and belief. that said j. L. Wines will also
be present and testify a. aforesaid on said
3rd day Of May, A. d. 1889.
Deponent further says that he is the
duly acting and qualified attorney OF
record for the prosecution In said cause,
and said deponent asks this Court to con-
tinue the trial OF said csuss until the 3rd
day Of May, 1889, at 10 o'clock A. NJ. OF
said day, the same being the day upon
which said deponent can obtain the at
tendance Of said Henry Donnelly, j. l..
Wines and NJ. ID. Foley. as witnesses on be-
half OF the prosecution in said cause. 70 wit
the case OF the State Of Nevada VS.. Charles
W. Ladd Aforesaid. Deponent further
says that this application 10 not made fol
delAyment. but 10 ade in good faith.
Deponent further says that the afore
mentioned Burt informed said deponeni
on the 18th day Of April. A. d. 1889, tina
said Donnelly was expected TO appear il
said county and State in Q very shor
period OF time TO wit: before the 3rd daI
OF May, A. d. 1889. as 10 will be necessary
for said Donnelly to sign the check
drawn on said Eureka Consolidated Com
pany in payment Of the labor employed
and to be employed TO work said com
pauy's mine and mines In said county snt
State.
Deponent further says, that as the pro
scouting attorney In said cause. he ha
used the utmost diligence to obtain the at
tendance and testimony OF said afore
mentioned witnesses but has failed TO se
cure the attendance and testimony Of sal
witnesses at this date, through no faul
Of his, but because OF circumstances owe
which he had no control. Deponen
further says that said witness, Wines, ha
been called at the door Of the COURTEOUS
Of said court on the day and OF the hou
set for the trial OF said cause 10 th
manner prescribed by law, but that sal
Wines failed to appear and answer sal
call. and still does fail to answer said call
that said Wines 10 beyond the jurisdiction
, OF said court, TO wit: out OF the State @
Nevada, and that he cannot be reached b
an attachment issued by and through th
authority OF said Court. PETER BRREN.
Subscribed and sworn to before m
April Is, 1889. +. H. HARMON, Clerk.