White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-05-28

by the courts now faf-
reaching the effect might be. He
referred TO the members of the last
grand jury in this county and their
standing, pointing out that IL they
were not protected by the rule OF
secrecy ii would be a serious matter.
He pointed out that many lawsuits
might flow Al a consequence, and
while admitting that Attorney ZURICH
might be right in his contention and
freely admitted that the question
had not been passed upon by the SUI
preme court of Nevada, but gave as
the rcason that the supreme court of
Nevada, just as the supreme courts
of a large majority of states in the
Union, had not been called upon TO
pass upon the question because the
filing of such a document was a rare
occurrence. to say the least.
At the conclusion of the argument
by counsel the scene in the court
room became most dramatic. The
spectators who crowded the temple
OF justice leaned forward to catch
every word that might drop from the
lips Of the able jurist 10 whom the
important question was then sub
mitted. The tick of the clock clone
broke the silence as Judge w. f. Orr
rendered his decision, giving his logi-
cal reasons therefor, and holding that
the document under consideration.
while charging crime, was neither a
presentment nor an indictment. In
view of the fact that the court found
the grand jury had exceeded its juris-
diction and authority in the filing of
the document he held that in so far
as II had acted in excess OF authority
under all the surrounding circum-
stances 1t was subject to inquiry and
investigation. The decision of the
court on this important question is
printed in full elsewhere in this is
sue.
Attorney Quayle reserved an ex-
eeption to the ruling of the court.
Counsellor Zurich then turned his
attention to the character and good
name of the men attacked In the re-
port and called to the stand Sena-
tor n. II. Chaplin, w. N. McGill,
George Linsley. r. II. Hoffman and
w. A. Leonard, and asked each in
turn as to the general reputation OF
former Commissioners w. f. Meyers
and John Weber. as we'll as that of
the present chairman of the board,
Robert L. Tucker, both in private
life and as county officials. and the
witnesses testified that il was good.
o. G. Bates again took the stand
and Attorney Zurich renewed his at
tack on the grand jury report.
This brought the proceedings up
to the closing hour and a recess of
court was declared until Wednesday
morning, May "a. at 10 o'clock.
WEDNESDAYS SESSION
At the opening of court Wednes'
day morning the witness. o. G.. Bates.
resumed the stand. Attorney JuricL
took up the matter of the filing OF q
second or subsequent report by the
grand jury. questioning the witness
as to whether or not he had read the
Zurich letter before the fling of the
second report. and the witness said
he believed ii was read in the jury
room, after which. he said. the Sec
oEd report was filed. The witness
referred to second report as a par
tial report, which was adopted with
the understanding of a further meet
ing, and when asked IL the grand
Jury ever met after that time the
question was objected to by Attorney
Ouayle. In view of the record speak
ing for itself the objection was rus-
tanned.
g. F. Foreman was called as =
witness and testified TO having APP
peared before the grand jury whilt
1t was In session. and when asked the
question by Attorney Zurich. In con
n~cctiCn with what matter?' an oh.
lection was interposed by Attorney
Quayle, again raising the question OF
divulging evidence contrary TO pub
liz policy. The jury was again X
cused while the matter was present
ed TO the court for legal determine
tion, and Attorney ZURICH offered 10
prove by the witness that tho grand
july had testimony before IL with
reference TO the redight district be
ing within the 4oo-yard limit of 4
church. contrary TO statute
After some legal sparring the tes-
timoay as to what the witness he'd
testified TO in the grand jury room
was not permitted TO go to the jury.
James McDonough was the next
witness called and when asked ne
to where the distrie; commonly
known as the "redlight" in The city
of Ely was situated, admitted that at
the time mentioned. February 90,
the redlight district as known in Ely
existed within 400 yards of the Cath
| otii 1hai1h IL 40 VI 2
clared by Attorney Zurich to be sufi-
eient and the witness was excused.
o. nj. Wallace Jr. was the next wit
ness called and under examination by
Attorney Zurich testified that he was
the successful bidder for the new
county hospital. and when taken ster
by step said he had constructed tho
building according to the plans and
specifications as drawn by tn earchi-
tect, and upon which he based his
bid, and told of the amounts received
by him for the work. He said he
was paid the amount OF his bid. which
was ~$35.S2e. and when asked as to
the extras said he received the sum
of ~s2.S7e.65, which agreed with the
figures as submitted by the recorder
and auditor. When cross-examined
by Attorney Quayle the witness told
of various steps taken in connection
with the contract, giving his reasons
therefor. and the figures remained
mistaken. During the testimony
Attorney Quayle on more than one
occasion referred to the item of ex