The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1904-12-24
DISTRICT COURT PROCEEDINGS

i nVVCCUIVOC
Whalen, stipulation of attorneys file
continuing case for term.
Ernest TrentO Indicted.
At 8 p. m. the Grand Jury filed
partial report, indicting Ernest Trent'
for HOUSEKEEPING.
The arraignment Of young Trento OF
the indictment was set for Wednesda,
forenoon at 10 o'clock, and bail fixed a
$500.
Wednesdays Proceedings.
Court met at 9 o'clock Wednesday
morning, Judge Brown presiding in the
following cases
The motion to dismiss the appeal Of
Q. G. Gordon VS.. Peter Breen was
called. E. s. Harrington appearing foi
Judge Breen. The Clerk was sworn
and testified to having notified Gordon
of this session of the court some three
weeks ago. After argument the Court
dismissed the appeal. for want of proper
undertaking and notice of appeal, and
Judge Breen holds Judgment against
G. G. Gordon for s299, and costs in
1923. 80 as rendered in Justices Court,
and costs of appeal.
In Tonkin VS.. Winzell ct al, defend.
ants obtained first rights to water Of
Pete Hansen Creek both parties to pay
their own costs.
Sweeney Is Sheriff.
The Burdick-Sweeney election con-
test came up before Judge Breen at II
a. m. with E. s. Harrington appearing
for Sweeney and Lew Rogers for
Burdick.
Mr.. Harrington at once moved the
Court to dismiss the proceeding or case
upon the following grounds:
F.rst-That plaintiffs statement does
not state facts sufficient to constitute a
cause Of contest.
Third-That said statement does not
specify the precinct of precincts in
which the alleged illegal ballots were
admitted or counted.
Fourth-Said statement does not
specify the precinct or precincts in
which the alleged legal ballots were
thrown out and not counted.
Flfth-Said statement fails to show
that if the alleged legal ballots or votes
were taken from the contestee, the
number of his legal votes would be re.
duced below the number of legal votes
given to some other person for the same
office.
Sixth-That the statements fails to
sta any cause or causes of contest
with sufficient certainty to advise the
above named contestee of the. or any,
particular proceeding or cause for
which said contest is to be made against
said election, wherefore defendant
AYERS that said statement is uncertain.
Seventh-That said statement does
not contain any prayer for relief, or
show that contestant is entitled to any
relief.
Counsel for Sweeney then made an
elaborate argument in support of the
motion, citing authorities from the
various States in support thereof, as
Well as the numerous election contests
in Eureka County.
Mr.. Rogers read the statute of this
State against the motion,
The Court, at some length, pointed
out the variaus and many defects in
the statement. holding all Of the points
made by the oontestee to have merit,
and dismissed the case without pre-
judice.
TrentO Pleads Not Guilty.
In State of Nevada VS.. Ernest Trento,
Mr., harrington appeared for the de-
PENDANT for the purposes of arraign-
ment and plea. The defendant plead
not guilty and the case was set for trial
for January 6 at 10 a. m.
Thursdays Proceedings.
In the matter of the estate of Robert
Bailey, deceased, receipts being pro-
duced and shown to the Court from all
the heirs of the estate of their respec-
| tive interests in said estate, on motion
of Charles B. Henderson, attorney for
the executrix, the final discharge of the
~executrix was granted.
The Grand Jury is still in session,
aud may report to the Court on Satur'
day,