White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1913-03-23
M'G|LL SHOOTING CASE WILL NOT.
Be RESUBM|TTEO TO GRAND JURY
JUDGE COLEMAN's RULING EVIDENCE DOES NOT
WARRANT TOWARDS MEN ACCUSED OF
MURDER FOLLOWING SHOOTING STRIKERS by ARMED
GUARDS DURING LABOR DISTURBANCE FALL.

Judge Ben w. Coleman has render
ed his decision in the long pending
question as to whether the evidence
relative to the killing of George Pri-
naris and Nick Pappas, at Nc
Gill, on the 18th day of last October,
be submitted to another grand jury.
According to Judge Coleman's ruling,
the case is ended and another grand
jury will not be empanneled to again
hear the evidence,
The public is familiar with the
details of the case, Prinaris and
Pappas being shot during the labor
dispute at McGill by armed guards
employed by the Steptoe company.
After special grand jury had failed
to return an Indictment against w.
G. Allen and a number of other
guards charged with the murder of
the two Greeks. the counsel for the
state petitioned the court that the
evidence be submitted to another
grand jury, and presented the claim
that the grand jury that had not in
dicted the respondents had been i'm
properly influenced. Anthony Jurich,
attorney for the prosecution and
chandler & Quayle, counsel for the
respondents, have both prepared
briefs as ordered by the court, and
the decision of the Judge is after a
thorough review of all phases and de-
tails of the case. Judge Coleman
brings out forcibly the fact that on
the fatal morning in question, the
captain of the guards had ordered
his men to shoot over the heads of
the men who had gathered outside
the company's gate and who were
making the alleged disturbance. That
some of the bullets went low is evil
denced by the death of the two men,
but there has been no evidence sub
mitted as to the particular individu-
ais who fired the low shots and
counsel for the prosecution admits
its inability TO show or prove who
these individuals we're. The court
takes the stand that while someone
was guilty of the act, a number of
innocent men should not be made to
suffer for the purpose of punishing
one guilty person. Counsel for the
prosecution argues that the respon-
dents were collectively guilty and
should be punished accordingly.
At the conclusion of the reading by
Judge Coleman of his decision, An
thony Jurieh. attorney for the state,
said that ii would be impossible to
produce any such testimony as was
mentioned by the court as proving
the guilt of any particular iadivid-
ual. District Attorney Billings then
addressed the court. and said that in
asmuch as counsel Tor the defendants
had admitted these facts, nothing
more remained to be done, and sug-
gested that proceedings be concluded
Judge Coleman then issued the court
order dscharging the defendants,
which action is final.
Friday, the cashiers check for
$31 800. put up as surety by the Step
toe company for the appearance of
the respondents, was returned to the
company by the clerk of the court.
and the bondsmen for those not rep
resented in the above mentioned
check, were released from any fur
ther obligation.
In making his ruling. the judge
ruled out the testimony of l.. II. Muir
dock and admitted that of Lindsay
Duncan Mr.. Murdoek was secre-
tary of the last grand jury and Mr..
Duncan presented the written instru-
ment which was the basis of the
prosecution plea for resubmis-
sion.
Ht lull ttAt VI JuuSe AO1cfidH
decision follows:
Opinion On Motion To Resubmit.
The facts of this case are: A strike
was called at the plant of the Steptoe
Valley Smelling and Mining Co., at
McGill. and some of the strikers
aggregating two or three hundred
had been making demonstrations and
had destroyed one or more wagon
loads of food stuffs which were be-
ing taken by the company to the men
employed at the smelter proper in
side the fence a day or two before the
shooting took place out of which this
case Crews.
A squad of men under command
of Captain McGaffin. were. on the