The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1903-10-24
NYE COUNTY DISTRICT COURT.

tr1ct Court was opened at Belmont OF
Monday, October 10. Judge Peter BreeI
presiding.
A large number of lawyers, litigants
grand Jurors, witnesses and others in
terested were in attendance.
A grand jury was impanelled will
Senator T. J. Bell as foreman.
The following prisoners in the county
Jail charged with various high crimet
were called into court: Frank Smith
E. N. Arandall. Smith johnson, ALA
Tex" James Walsh and Ed Martin
Frank Smith and TEX" were repre-
sented by g.. A. Bartlett and p. NJ
Bowler, Jr. respectively, and the Court
appointed w. D. Jones for Arandall
and r. L. Johns for Walsh and Martin
After the appointment Of attorneys tc
represent the prisoners, and being
charged by the Court as t o their duties,
the grand jury retired for elaboration.
Probate Business-The final account
of the administrator in the matter OF
the estate of Peter Bartell, deceased
was approved and allowed, the petition
for the distribution of the estate grant.
ed, and the estate distributed and closed
In the matter of the estate of Neil M.
Leod, deceased, order rs similar to the
above were made and the estate dis
tributed, closed, and the administrator
discharged.
In the matter Of the estate of W. A.
Congdon, deceased, the claims against
the estate were taken up and allowed in
whole or in part as the facts determined,
and the estate prepared for final account
and distribution.
By consent of counsel for the residu-
airy legatees in petition for the sale at
public auction, upon full st atutory
notices being given of all the real and
personal estate Of L. w. Clayton, de.
ceased, was granted. The motion of
counsel for the legatees, to be given
until the first day Of December to file
objections, if necessary, to the claims
presented against the estate, was grant
ed.
Tuesday. October 13-Defaults were
allowed and Judgment and DEGREES given
in the following cases: John Salsberry
VS.. George Winkler ct. al. A. J. Crock
err ct al. VS.. W. J.. Douglass ct al. S. A.
Knapp ct. al. VS.. w. G. Douglass
ct. al. Each of the above suits was for
the recovery of the possession of GER
tain mining claims situate in Tonopah.
In the matter of the estate of George
E. Clarke. deceased, the final account of
the administrator was allowed upon be-
ing modified by reducing the fee of the
attorney for the estate $25. A dis
tribution was ordered and the estate
distributed and closed.
In Beaker vs.. Walsh, a suit for dam.
ages, the motion Of defendant to quash
the summons was denied, the demurrer
overruled and defendant given twenty
days to answer. In this case the mo-
ton of plaintiff for judgment on the
.pleadings was also denied.
Wednesday, October 14-At 10 a. m.
the grand jury returned indictments
against Frank Smith for murder, and
against Smith johnson, alias "Tex, " for
grand larceny.
Subsequently the attorneys for Smith
and others attacked the legality of the
grand jury for the reason that the
County Clerk and County Commission
ers who drew the same failed to make
out and file the certificate required by
statute of the selection of the jury, and
for other Irregularities. The Court held
the objections well taken, dismissed the
grand jury and Immediately made an
order for a new grand jury to meet on
October ~.
Frank Smith was remanded to the
custody of the Sheriff and his bond fix.
ed at sec, ZOO.
Thursday, October 15-Smith John.
son, alias "Tex," appeared in court and
withdrew all objections to the grand
jury, pleaded guilty to the charge Of
grand larcency, and asked for immedi-
ate judgment on his plea. P. NJ. Bowl.
er, Jr., counsel for Tex" as well as w.
D. Jones aud g. A. Bartlett, made
eloquent pleas for clemency on the
grounds of the great age and physical
inirmities of the defendant. He was
sentenced to five years in the State
prison.
The charge of Jail breaking against
Ed Martin was dismissed, and defend
ant discharged from custody.