Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1912-03-08

lions since ne nau known MIN
among them being soliciting
orders for clothes and running a
roulette wheel before the anti
gambling law went into effect.
Had not e e him running a gambl-
ing game since that time.
A. B. Gray. justice of the peace
OF Carlin, was the next witness.
He had talked with Street on tn e
anti gambling law about 60 days
age. He told me that he had run
a roulette wheel and that l did
not catch him, and that he thought
of inviting me to play at the game.
On cross-eXamination Mr.. Gray
said that Street said he had run
the game at a Chinaman's place in
Carlin. Street joshed him about
running the game and not being
caught.
During the cross-examination of
Mr.. Gray, there was considerable
lau ghter in the court room. Judge
Curler protested against the levity
and Judge Somres warned the
e tators TO be more careful in
the future. John Griffin was the
next witness.
He said that on the way from
Carlin to- Elko he and Street
conVersed about the antigambl-
ing law and tat Street said the
penalty was too severe for such an
o~lFense.
At the conclusion of Mr.. Grifin's
evidence. Judge Curler moved that
Juror Street, be excused. The
defense opposed the motion on the
ground that the facts proven were
in possession of the State before
the jury was sworn.
Judge Somers stated that the
only question in his mind was
whether or not there had been
negligence on the part # the
prosecuting attorney.
He called Judge Curler 10 the
witness stand and questioned him
about he management of the case
and when he first heard of the
facts alleged against Juror Street.
Judge Curler stated that he was
employed to assist the district at.
torney and had the management Of
the case. Also that he did not
know the charges against Street
until after the jury was sworn.
At the conclusion of Judge
Curriers' evidence, Judge Somers
rendered his decision substantially
as follows:
His examination was not and
his deTe amor was not satisfactory
to the court. although there did
not at the time appear to be sufi-
cient reason for excusing him
for cause, but the court fir DIS he
told an untruth with respect to
his feelings at the time and il
would be a ~travesty on justice for
such q juror to try a case of this
character, involving as it does,
more or less a moral question, a
question which interests every
man and woman and child in this
whole community. The court
feels jurors should be selected who
have beliefs and qualifications
above suspicion. Anything else is,
and would be a ~travesty on justice.
That the people feel lightly about
the question of open gambling IN
a community speaks volumes
against the morality Of that
locality. | do not, | cannot be
lieve that a case of this kind
should be tried by any juror will
out it were a juror that had the
respect of the community.
must find that this juror is not
qualified to pass upon the issue in
this case. | therefore excuse
him."
The defense excepted to the
ruling.
The jury was az ain brought in
and Judge Somers asked the
defense whether they wished to 20
on with eleven remaining Jurors
and have a venire issued for ten
more jurors or whether they wished
the eleven excused and q venire
issued for a new panel.
The defense asked time to cor.
slider the matter and after a short
consultation, Mr.. Christianson as
still undecided. Judge Somers