The San Francisco call., 1898-01-26
LYNCHERS
 NOT TO BE
 INDICTED Grand Jury of DOug- las County Fails
 to Agree. Eight Men Oppose Pun ishme ent of Uber's
 Slayers. Rejoicing in Gardnerville and Deep Disgust Among
 the Genoese. MAY END THE AFFAIR The InquisitOrial Body Discharg ed After Numerous Unavailing Ballots.
Rejoicing in Gardnerville and Deep Disgust Among
 the GenOeSe.
MAY END THE AFFAIR
The InquisitOrial Body Discharged After Numerous Unavailing
 Ballots.
Special Dispatch to The Call.

CARSON, Jan. 25.-The Douglas Grand Jury met at 10:30 o'clock this
 morning and worked on the Uber lynching case until noon. After lunch con 1t met at 1 o'clock. and. going to the juryroom, had an informal talk for about fifteen minutes, and then began the preliminary discussion before bal lotfng on the case. The jury took seven ballots. and the result each time was the same nine to eight in favor of in- dieting the seven men who were the ringleaders in the lynching of Uber.
 The State lacked three votes of enough to make the indictment stick, and 1t was plain that the successive balloting would not make the slightest difference. This ballotlng and discus sion was kept up until nearly 3 o'clock, when Judge Mack was sent for, and the jury came into court. There was a large crowd of people anxious to hear the result. Richard Cook, the foreman of the jury, arose and said:
 T don't think there is the slightest use of this jury doing anything more in the Uber case. It is impossible to secure an indictment"
 The news spread rapidly over town, and a telephone message was sent to GardnerVille, where there was great satisfaction.
 In Genoa 1t was different, and the majority of people expressed intense disgust that the jury lacked the back
 bone to do its duty.
 Foreman Cook, who all along grap- pied with the case honestly and with a
 desire to bring the guilty men to jus tice. said to The Call cores SpOndent: i l. able. and in all there were sixty-five witnesses who testified against the lynchers. Nine of us considered that District Attorney Virgin made out a complete case. but there were eight men who apparently did not think so. They seemed weak-kneed, but l can not believe the stories that any of them were corruptly influenced. They seemed honestly to think that there was no evidence. I will say that there was no
 attempt to smother evidence" l District Attorney Virgin said: There | was sufficient evidence to convict sev- eral men. It was plain, direct evil dence. 1 cannot say now that I will ask for another Grand Jury, but If l get some additional evidence which I eX- 1 pect I shall certainly call for it. I think 1 the court will give me another Grand | Jury if I ask for it..
 The Judge said. when questioned: "I have nothing to say. It Is not my place to say anything except that District ! Attorney Virgin and Mir Cook, fore
 man of the Grand Jury, did their whole duty honestly and fearlessly. They did l splendid work in the cause of justice and law"
 In the town of Genoa the talk was
 very free after the result was known. Tt took lots of this to save these scoundrels." said one man, rubbing his
 thumb and finger together suggestively. They had their paid workers here all
 the while"
 Another said: "I saw little valise
 come over from Gardnerville last week.
 and it was very heavy when it came, and empty when it went back Some people, who were red hot against the lynchers when 1t happened, changed
 their tune after the stuff came over here"
 This was a fair sample of the talk
 on the streets of Genoa and about the saloons It is not charged, however,
 that the eight grand jurors were
 bought to ignore the bill. but that men
 were paid to influence them by making
 them think that the majority of the people wanted the county saved the expense. This was the main lever used to influence them. Some, it is said. had openly expressed themselves in favor of the lynchers before the Garnd Jury
 was called, and it is also charged in
 Genoa that the Grand Jury was ille- gally drawn by the clerk, who in drawing the names out of the box laid 1 some aside on the table that really be- | longed to the panel. Had the indict- | ment been found the accused would have set this up as a defense. Some say | that this was an accident and some | hint that 1t was design.