Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1911-12-15
DISTRICT COURT


waiting for tie arrival r 49,.
triers in the chell,rpa &! J L.
Peltier by the defense fut ]a.teel
bias.
After recess, the Juror pelrirf
was examined and the trires rrGnr
ted the challenge untrue. TINS
defense still objec ed "a Mr.. Peltier
and agreement wa made ~ tne
defense and state that he Ii III bs
temporarily excused. hur nikh'
be called on the jury in Ease ne
was needed to fill the panel.
Lee Hardin was drawn To fill
the vancant chair. He was ex-
amined aud passed by both sides.
The defense excused Max Arnold
and James Griffin was drawn ca
amined and passed.
Court then adjourn,d until 10
o'clock Wednesday,.
At this mornings session, the
state challenged Lee Hardin and
w. j. Woolverton took his place.
He was examined and passed.
The defense then challenged j.
]. Wright.
Mr.. Dorsey called up the matter
Of J. L. Peltier and stated there
was some sort of an agreement
with the state by which Peltier
might be recalled. That he did
not wish to be placed in the posi-
tion of exercising his last per Emp
tory challenge on Mr.. Peltier and
r~etracted the agreement.
Judge Curler replied that there
was an absolute positive agreement
With the defense regarding Mr..
Psltier and that the defense should
live up to it.
Judge Taber stated that he could
not excuse Mr.. Peltier as he
belived he was a qualified juror
and the onl way MIR. Peliier
could be excused was for the state
to withdraw its traverse to the
challenge of the defense for implied
bias.
Attire a consultation with his as
s~ociates, Judge Curler Withdrew
the traverse and MIR. Peltier vas
excused.
A. J. McDermott was drawn to
take the place of j. j. Wright.
He was examined and passed.
The state next challenged j.
Bert Mckee and John Mcnamara
filled the vacancy. He was ex-
amined and passed. The defense
challenged Frank Virgins and
Arthur NJ. Short was called. ex-
amined and passed.
This completed the panel again
and both sides accepted the jury,
and it was then sworn. The fol-
lowing compose the jury: Albert
Gulling. H. Moore, j. w. Smith,
w. H. Health. George W. Kirk
patrick, J. A. Steele. J. A. Tombs,
W. J. Wooverton, A.. j. McOerm.
oft, John Mcnamara. Arthur NJ.
Short, James Griffin.
All the jurors not on the panel
were excused till Friday morning
until 10 o'clock. unless notified
that they are not wanted.
All jurors remaining in town
were ordered to report TO the
clerks office evrey morning il they
wished to draw their per diem.
All jurors not on the panel were
excluded from the court room
during the trial of this case.
8 The jury was then sworn and
placed in charge Of Deputies j. F.
Bellinger and Walter Gilmore.
A recess was then taken to ] 80
p. m.
At the afternoon session, Ceputy
Clerk Sproule read the indictment
agaist the defendants M. B. John
son and George Paragon and stated
that the defendants plead not
guilty.
Judge Curler stated that the
state expected to prove that or
the night of July 2sth. Sheriff
Harris went into the Commerce al
Hotel passed through the barroom
to the toilet and saw the door OF
a certain room open.
At this point Mr.. Dorsey asked
that the witnesses for the state be
excluded from the room. Judge
Curler asked that all witnesses be
put under the rule and that dis.
trict A torney Dysart. who was