Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1911-10-14
BUSINESS IN THE
DISTRICT COURT


Judge Langan presiding. The following
business was transacted
The case of the State VS. Bud Will
liams, grand larceny, was tried Tuesday.
The State was represented by District
Attorney Lothrop and Deputy Willis.
Defense, J. Andrew Cutlery.
A jury consisting of Peter Williams,
Lester Wheeler, II. Biron, Paul Ben
netts, James NJ Meadows, + G. Davis,
Frank Bowen, G. f. Batchelder, Sydney
P. Osborne, II. Cardew, II. c. Guild
and f. S. Dalton was finally chosen.
The defense was very weak and the
jury returned verdict of guilty within
thirty minutes after retiring.
The case of the State VS.. Allie Mann,
was called Wednesday and dismissed OH
motion of the District Attorney. 1t ap-
peared from the evidence i'll the Bud
Williams case that Mann might have
been an inadvertent or unwitting COM
panion of Williams without criminal in
tent and for this reason case was dis
missed.
The case of the State VS.. c. A. Nc
Carly was called. Attorney Pilkington
appeared in court and asked to be re-
lieved of defending McCarty for the rea-
son that McCarty refused to have any
communication with him. McCarty re-
quested J. Andrew Cutlery be appointed,
and Cutlery was appointed by the Court.
The new open venire of fifty jurors
was then read and they answered to their
names.
T. S. Dalton, II. c. Guild, w. II.
Bubar and {. ]. Mcintosh were excused
from jury duty.
The following jurors were chosen i'll
the McCarty case; A. S. Phipps, II. +.
Olds, r. A. Sunsteadt, Ed Hernleben,
J. T. Arends, Geo. Estes, G. B. Waldo,
Frank Genzel, j. +. Mccarthy, d. G..
Wood, c. + Fox and J. ]. Beatty
The defense in this case showed no
mitigating circumstances; the bad check
was admitted and the jury promptly
found verdict of guilty.
On Thursday the Court pronounced
sentence of five years on Bud Williams
for grand larceny.
The jury was dismissed until further
| order of the Court
The cases of the State VS.. Bud Will
hams, attempted breaking, and
State VS.. McCarty, same charge. were
dismissed on motion of the District At
torney-justice having been subserved.
Thursday Moore & Miller appeared as
attorneys for w. r. Eikner and moved
to quash the indictment in that case,
also offered demurrer to indictment.
Friday c. A. McCarty was sentenced
to two years in the penitentiary on con-
vIction of issuing fictitious check
Argument was begun on motion to
quash Eikner indictment Defendant
claims that W. c. Gruber, of the grand
jury, is not a resident of Lyon county,
but of Reno; also that Jim Regan is not
a resident of Mound House, but of
Ormshy county.
Also point was made that the grand
jury had been discharged and could not
indict without formal redrawing.
Court reserved decision until Saturday
at 10 M.
This morning Saturday the Court
ruled on the Eikner indictment on these
points:
/. That grand jury had been dis
-harged and had no powers as grand
jury.
Court decided that grand jury selected
February 4, 1911, is inquistorial body of
Lyon county until further order of court
during year 1911.
2. That District Court had no juris-
diction.
Court decided as in case of State VS..
Atherton; that no terms exist in Dis
trict Court and that District Court is
open at all times.
8. Objection to James Regan and w.
c. Gruber as grand jurors for the reason
that they are residents of another county.
Court decided that the exception to
grand jurors was by challenge only and
that defendant having waived objection
could not make same.
Examination of grand juror Gruber
had been made and Gruber not found
resident of Reno. Motion to set aside
indictment refused. Exception by conn
sci for defendant.
Court then ruled on demurrer to in
dictment that the demurrer to indict-
ment be overruled.
Petition for writ of habeas corpus filed.
Court announced that Judge French,
of Reno, would be present ON Monday
and hear the application.
Defendant Eikner was then arraigned
and entered plea of not guilty.
Points on habeaS corpus: That killing
was not murder in first degree under