The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1903-01-17
DISTRICT COURr pRoCEEDlSes.

AZ heretofore announced, the District
Court convened 10 Eureka ct 10 o'clock ..
m. on Thursday. January Is, Judge Peter
Breen presiding.
The following persons were empsnelled
as . Grand Jury. with H. G. MoTsrney IS
foreman:
II. G. MoTernsy, E. d. WALTZ. L. 81.
Terry, T. r. Jewell. NJ. Hsrtnstt. Joseph
Franohi, r. A. Laird, N. Barlow, F. j.
Brossemer, G.. II. Henderson, ]. B. Bale.
]. II. Shoemaker, Martin Mshoney, K. E.
Phillips. w. j. Tonkin. r. ]. Reid, Thomas
Rosevear.
s. s. Carney, charged with the crime Of
involuntary msnslaughter. in answer TO
questions by the Court, declared be had
no counsel to represent him. nor had be the
means to employ any, whereupon the Court
| appointed Attorney Geo. A. Bartlett to rep
resent the defendant before the Grand Jury.
Counsel for defendant announced. in answer
to . question, that the defense had NO OBJ.
lection or challenge to intsrpose to the panel
or to any individual grand juror. The
Court then charged the Grand Jury under
the statute, after which the jury retired for
deliberation.
A telegram was read from Attorney
Thomas Wren announcing he would arrive
by the noon train, and - Mr.. Wren 10 in
ssrested ss On attorney in nearly ell the
cases and matters pending, it was ordered
that the calling and setting Of the calendar
be deferred until 2 p. m.
Az III 80 .. IN. the Grand Jury made .
partial report. to the effect that in the case
Of she State vs.. s. s. Carney no bill was
found. On motion Of Attorney Bartlett for
Mr.. Carney il was ordered that the defend
ant be discharged.
The Court met 1T 2 p. N. and transacted
the following business:
In the case Of G. W. Leighton and wife
vs. VIM. Whalsn the general demurrer in
terposed by defendant through his attorney,
C. B. Henderson. was called up by Thomas
Wren % attorney for plaintiffs and motion
made that Is il was apparent the demurrer
was not interposed in good faith, but merely
for delay. and % certain property Of defend
ant was under attachment and . keeper in
charge 1t great expense. that the demurrer
be overrulsd and the defendant be permit
ted to answer upon terms under rule s Of
the rules Of the District Court. The Court
asked the Clerk il be had notified the At
torney for defendant Of the time Of holding
court, and was informed that such . notice
was sent to Mr.. Henderson on Jan. s. Mr..
Wren was then sworn and testified that he
had come from Reno to Eureka to specially
attend to this case as the attorney for plain
tiffs. and that the expenses Of the trip was
$50. The Court then examined the complaint
and demurrer and ruled that the demurrer
be ovsrruled. and 10 having been fled mere
ly for delay and not in good faith. and be-
ing without merit, the defendant would be
permitted to answer within fifteen days on
terms only. to wit: on his paying plaintiffs
$50 for expenses.
This ruling 10 an effort IN the direction
Of putting . curb on the habit of prevent
ing the trial and final disposition Of cases
by dilistory motions and pleas and the in
terposition OF ''time" demurrers.
As Judge Bresn was an attorney before
election in the rest Of the pending cases and
matters. the further setting Of the calandsr
was postponed until the arrival Of Judge
Brown from Elko on Fridays train.
Judge Brown failed 10 make connection
with the E.. & P. at Palissds Friday morn
ing but teleersphed Judge Breen that be
would reach Eureka by Saturdays train.