Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1913-10-17
MCOMB's BATTLE BEGUN

who is temporarily stopping in Ne
vada, should be summoned a. a
member of an Elko county grand
jury and should act as such. would
the grand jury be 8 legal n and
would any and all criminal indict-
ments mnde BY such : grand jury
be legal?
Such a legal question was submit
ted by Attorney r C Van Fleet this
morning in N motion to set aside
the indictments for grand larceny
of F NcComb of Wells and Jack
Griffin indicted for robbery. The
answer Of District Attorney Car
vile and his assistant Mr. Cantwell
was that at the time the Grand
Jury was sworn none Of the de-
fendants objected to the grand jury
as a whole nor was any individual
grand juror challenged, by the &C.
cused, therefore the state contend
ed that the time to challenge any
defect in the grand jury by any
person indicted by that body had
been passed and the rights to such
a challenge had been waived. Thus
in substance stands the case of the
state versus McComb and also Jack
| Griffin.
The question has been put square
ly up to Judge Taber who this af-
ternoon reserved his decision as to
the validity OF the Grand Jsry and
the indictments it rendered.
In support of his motion to set
aside the indictment Attorney Van
Fleet submitted several affidaYits
showing that Grand Juror w A
Hyde was not only a legal resident
of Wyoming bot that he was, is
and will be II State Senator OF Wyo-
ming until Jan. /, 1915 unless
death removes him from the office
before then.
The affidavit Of Constable c f
Gundlach of Metropolis who was
deputy register of that election
precinct in 1912 was submitted.
Gundlach testified that prior to the
election of 1912 he had gone to
w A Hyde and asked him 10 regist-
err. He testified in his affidavit
that Hyde told him that he (Hyde)
was then a member of the Wyo-
ming legislature and that he had
no legal residence in Nevada aud
that he did not intend to become a
resident uf this state but that he
intended to remain a legal resident
of Wyoming and that he was 60
ing to sit in the 1913 Wyoming leg
islature where his seat in the SEN
ate would be contested on the
ground that he was living in Neva-
da. That after the Wyoming leg.
lslature came To an end Hyde re-
turned to Metropolis and had told
the constable that Hdye's oppon-
ents had failed TO unseat him nj
the Wyoming legislature because he
was temporarily residing in Neva-
da.
Attorney Van Fleet then present.
ed his " affidavit in which he
sald he went TO Dpeth and met
Hyde and Tony Munk and that the
three sitting together talked over
Hyde's legal status as a resident Of
wyoming. Van Fleets affidavit
was similar to that of the Consta-
ble's but more in detail as to the
statements OF Hyde relative to bis
never intending to become a resi-
dent Of Nevada and that he had
never sought or claimed a residence
IN this state. On the contrary he
had positively stated that he would
under no circumstances lose his
residence in Wyoming and hat be
was going to keep his seat in the
legislature of that state until his
term expired IN January /, 1915.
Van Fleet also said in his affidavit
that hyde had told him that he did
not know that the fact that he was
a resident Of another state had dis.
qualified him as a grand Juror in
Nevada.
Assistant Prosecutor CantweIl
then raised the point that a Grand
Juror could not impeach his ovp
Indictment. The court reserved its
ruling.
Attorney Dysart was on tho
stand telling Of his steps to ascer.
tain If Hyde was a non roside,, n,
NBy6In mboa .