Eureka weekly sentinel. [volume] (Eureka, Nev.) 1887-1902, 1899-09-30

An Important Session OF n Dis
trfct Court az Belmont.

An Important Session OF che Dis.
trfct Court as Belmont.
On Thursday, the 21st inst, the Septem.
Der term Of the District Cour. in and for
Nye county terminated, after Q continuous
session Of sixteen days. which was the
longest term held Al Belmont In many
years. The town was we'll filed with peo-
pie. there being 9 grand jury as we'll ss .
large yenire Of petit jurors in attendance.
There were several lawyers from various
parts Of the State on hand engaged In the
tri al Of some very important tax cases.
The chief case in importance was that
OF the State vs. Ernst q Esser and Monitor
Land and Live Stock Company, g Califor-
mia corporation whose manager and largest
stock owner is Senator George Ernst.
formerly of Nye. but since September,
1898, q resident Of Elko county. The suit
was for the recovery OF taxes for the year
1897 on 10000 head Of sheep belonging TO
the corporation. Plaintiff claimed these
sheep had their situs or home ranch for
the purposes Of taxation in Nye county,
but the defendants claimed that their
home ranch was in Elko county. Plain
tiff also claimed taxes on 100 head of
cattle added by the Board of Equalization
TO the assessment Of defendants for 1897.
Plaintiff was represented by James l..
Butler. District Attorney Of Nye county,
with Peter Breen and 2. M. Bowler, Esqs.,
% associate counsel. The defendants
were represented by Attorney General W.
d. Jones and Trenmor Coffin, Esq.
The trial lasted twelve actual days and
was fought out by the respective counsel
with vigor and pertinscity. Almost every
conceivable objection was raised against
the manner of the assessment Of the prop
erty and the action Of the Board Of Equsli-
cation, so that the final determination Of
the case by the Supreme Court. should IN
appeal be taken. will be Of great import
ance to the people Of the State. 1t took
three days to obtain q jury. only two
names being left from Q venire Of sixty.
A great many authorities were cited and
read by counsel during the progress Of the
trial.
On Monday, the 18th, the evidence was
all in and P. M. Bowler opened for the
State with an able argument. He was
followed by Attorney General W. d. Jones
and Trenmor Coffin for the defense. At
torney Breen closed for the State with q
two hours argument, reviewing the evil
dence pro and con. After about three
hours elaboration the jury handed in 9
verdict for the plaintiff for the full amount
sued for, lacking some cents. The verdict
was unanimous.
The next case on the docket was that Of
the State vs.. Adams d Heating, for taxes
on lands n cattle for the year 1898.
Plaintiff claimed an increase OF 100 head
OF cattle added by the Board of Equaliza-
ton. Defendants denied that such num-
Der were assessable in Nye county, and SET
forth as q defense that the company had
no home ranch in Nye county, but had
such in White Pine, where they claimed
all Of their cattle were taxable, except 600
head. A great many Of the points in the
first case were more or less involved in
this one. SO that it took but three and q
half days to try it before the Court. a jury
having been waived by both parties. The
Court took the case under advisement.
Az this session the estate of Joseph
Mendes, deceased, was closed, and q decree
Of distribution and final discharge OBJ
tanned. 1t had been limited about for some
months that in the Mendes estate matter
some opposition to the probate OF the
will was to be made, but the moving
parties doubtless thought better Of IL and
refrained from tackling the job.
The Court also granted 9 divorce TO
Mrs. Persico upon the ground Of failure 10
provide. Mrs. Persioo took time by the
forelock and q Mr.. BiAnchi by the heart
and they joined hands and hearts within
Ave hours of the granting of the divorce.