The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-01-04
DISTRICT COURT PROCEEDINGS
Present Session Clears all Civil
and Criminal Cases From
the Calendar

On Friday, Dec. 81, the case of the
State VS.. Charles Williams was called
for trial in the District Court before
Judge Breen. Williams was charged
with the larceny of a mare alleged to
belong to John Edero, better known as
"Water Canyon Johnny" This was
the second trial of the case, the jury
having disagreed at the first trial. The
State was represented by District At
torney A. S. Henderson, and Attor.
ney F. S. Gedney of Elko. and the de-
PENDANT by Attorney Charles Henderson
of Elko.
The following jury was secured in
the afternoon: j. Tatten. John Moyle,
J. Q johnson, J. j. Techeria, T. H.
Jewell j. E. Smith, J. B. McNaughton,
@. Maggini, George Flavin, Pete Car
letti, w. @. Stewart. VIM. Hawkins.
On application of counsel for the de.
Tense, r. A. Laird was appointed elisor
to take charge of the jury, in couse-
quence of the alleged interest of Sheriff
Sweeney in the result of the trial.
In addition to the evidence introduced
at the former trial, many new witnesses
were examined for the respective parties,
and new documentary evidence intro,
duced. The case consumed four days,
and one night session lasting until 11:45.
The testimony was contradictory and
confusing. The case was fought out
with much earnestness on both sides
and resulted in a verdict of acquittal of
the defendant.
District Attorney Henderson made
his maiden speech to a jury on this &C.
casion, and acquitted himself very cred
itably.
The Courtroom was crowded most of
the time with both sexes, showing the
interest taken in the result.
During the night session of Monday,
quite a "scare" was caused by an ofic.
er's "Gattling" falling out of his pocket,
striking the bar railing and the rung of
a chair before reaching the floor, FORUM
ately without exploding, as the DON
was filled with men, women and chill.
dren at the time. The Courts atten.
ton having been called to the matter by
Mr.. Henderson, the officer was ordered
out of the Courtroom until he put away
bio 1itf1o corror
The Tipple-Leighton Case
Whilst the Williams case was being
tried in the District Courtroom, Judge
Pike of Reno was occupied with the
Tipple-Leighton case, appealed from
the Justices Court. Several witnesses
we're examined, and the judgment OBJ.
tanned by the plaintiff in the lower court
was fully affirmed with costs.
Sheriff Sweeney Us. Eureka County
At the noon hour Of Tuesday Judge
Breen set the above case for trial before
Judge Pike for the afternoon of that
day. Attorney A.. L. Fitzgerald for
plaintiff made a strenuous effort to post
pone the case until April or a later day,
claiming the case could not be tried be-
fore the Intervention of New Years
day, and for other reasons. Judge
Breen, however, thought differently,
saying the case had been before the
Court for many months and that he
was averse to postponing or delaying
the trial of causes unnecessarily. When
the case was called before Judge Pike in
the afternoon Attorney Fitzgerald made
another motion to postpone, but Judge
Pike. like Judge Breen, seemed also
averse to the p~ostponemeut If the case
and ordered the trial to proceed.
A jury was easily secured, the de-
fence exercising no challenge and max.
ing no objection to the jurors called.
Upon the plaintiffs evidence being
in, counsel for the county moved for a
non-suit upon the ground that the plain.
tiff as Sheriff was not entitled to the
fees and compensation set out in his
complaint, and that the County Com.
missioners in rejecting the bills acted as
the law provides. The Court promptly
granted a non.suit and dismissed the
case.
The action of the Commissioners in
declining to pay Sheriff Sweeney what
he claimed was declared by the Court
to have been the proper thing to do.
Judge Breen was disqualified to try
this last case for the reason that whilst
District Attorney when asked for ad-
vice by the County Commissioners as to
the legality of similar claims presented
by other officers, he advised they were
not legal claims against the county,
under the statute of this State.
The trial calendar of Eureka County
is now cleared of every cause at issue
before the Court,
Sale of Parry Ranch Confirmed
Under the order of the Court the
ranch and premises belonging to the F.
A. Parry estate was on Dec. 81 sold to
Charles H. Rand of Palisade for the
sum of $40, 900 cash. The estate is now
in condition to be closed, there remain
ing nothing t. be done but the payment
of certain requests to heirs as provided
by the will of deceased.