White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1912-12-01

Cndi 6tQ Will liuldti lnE lNO oitChH,
at McGin, October II, found no bill
against the respondents, their report
to Judge Coleman, Tuesday, being as
follows:
Ely Nevada, Nov. 26, 1919.
To the Honorable Ben. W. Coleman.
Judge of the Ninth Judicial Dis
trict Court of the State of Nevada.
Sir:-Your grand jury begs leave
to submit the following report of its
session commencing November 81,
1912
The case of w. G. Allen. George
w. McGaffin, John Daniels, Earnest
Nethardt. Arthur Sanders. George
Graham, Ed. e. Hutchinson, John
Donovan, J. F. Mullvaney, Carl
Schmidt, Ed. F. Rooney, H. Brady,
Albert H. Hoffman, George Furtell,
VIM. Anderson, J. r. Bryce, John
Dillo, Fred Gassier, George w. Davis.
and J. A. Collins. charged with mur-
der, has been thoroughly investigat-
ed and no true bill has been found.
Respectfully submitted,
A L. PARKER, Foreman.
District Attorney McFadden and
Anthony Jurich, who as counsel for
the Western Federation of Miners,
swore out the complaints against The
men took exceptions to the report of
the grand jury, and Mr.. Jurich, who
was given leave to address the court
expressed his opinion that the evi-
! to result in an indictment, and con-
viction by a trial jury. In con-
clusion, he asked that the respon-
dents be held for another grand jury.
District Attorney McFadden con-
Cured in the views of Mr.. Zurich,
and favored the resubmission of the
evidence to another grand jury. In
reply Judge Coleman said:
'"The court is of the opinion that
the grand jury Is not only as fair
minded and impartial body. but as
intelligent body as can be gotten
together to serve this county in the
capacity of grand jurors. ! believe
this grand jury has done what it be-
lieved to be its duty. | believe that
it feels that the evidence does not
warrant an indictment. There mas
been no showing made to the court
i 4 L.
for another grand jury. This grand
+ jury has heard all the evidence. and
there is no showing that there is
j further evidence that can be submit
/ ted TO another grand jury or that
there is anything else that would IN
duce a grand jury composed of men
who would be fair minded and inves-
tigate the matter impartially and in
telligently. as | believe this grand
! jury has done, to come to a differ
ent conclusion. OF course, the court
knows nothing about the evidence
and cannot pass upon II, but the
court is reluctant to hold these de-
T ltnudnlS dllCl thlo anu Jui9 10
dismissed unless there is some show
ing why they should be held. There
is no such showing, and | can con
ceive of no reason why the court
should hold the defendants for an
other grand jury unless there is
showing made. The court cannot as-
I 70 fharn will ha nfhpr aXi-
dence presentd to another grand jury,
nor can it assume that this grand
jury has not acted eonscien-
tiously and fairly. and it believes
that it has, and it believes thar it
is an impartial grand jury. ~ as
nearly so as can be had in this or
any other county Courts do not
make orders of that kind unless there
is some showing to base it upon"
On the request of Mr.. Zurich that
further time be gison in which to
submit new evidence, hearing was
continued until Wednesday after
noon, at which time the following
document was read to the court:
ITO Captain McGaffin and Men:
H As an evidence of our appreciation
and grateful feelings we the under
signed employees of the Steptoe Val
ley Smelling & Mining company. de-
sire to express to you and your men
our sincere thanks for the kindly
aid and protection You have extend
ed to us in the peaceful and lawful
pursuit of our duties as employees of
the said company during the present
labor trouble in our camp
while we regret with you the
seriousness to which matters finally
came before cessation of armed dem
onstration by the parties who were