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

The battle for the ten thousand
dollar purse and several regulations
which was fought in the district
court this week proved most in
teresting event.
The contest. which had been well
advertised as between r. 7. Swallow,
a member of the former grand jury,
on one side, with Counsellor Anthony
Jurich and A. A. Sherman, editor of
the White Pine News. on the other,
developed into battle royal between
the sixteen signers of the grand jury
report and the former county com
missioners, and resulted in unan-
| imous verdict being rendered in
favor of the so-called defendants,
which was commonly accepted as a
sweeping victory for and yindication
of three highly esteemed citizens and
whom the grand jury report sought
to brand as grafters, swindlers and
looters of the county treasury.
MONDAYS SESSION.
At the opening of court Monday
morning Judge Orr announced that
several of the jurors had asked to be
excused for business reasons, but on
account Of the limited number OF
talesmen he was obliged to deny all
such requests for the present, al least.
The list of the jurors was called
and Immediately thereafter the libel
case was announced as the first on
the calendar, and when asked by the
court If the parties were ready to
proceed counsel for both sides re-
piled in the affirmative.
Twelve names were thereupon
| drawn from the jury box and The first
a.... t.,<.I II ax-f
| ley, who was also under subpoena by
| the defendants. This was the signal
| for the first round between counsel.
When Attorney Jurich drew the at
tention of the court to the fact that
Juror BARLEY was subponaed as a
witness in the case Attorney Quayle
called upon opposing counsel to give
the nature of the testimony TO be
elected from Mr.. BARLEY and direct
ed the attention of the court to the
fact that an unusually large number
of witnesses had been subponaed by
the defendants in the case. He also
pointed out that 1t would be an easy
matter to disuualify any number OF
men on a yenire of jurors by putting
them under subpoena as witnesses in
the case. To this Attorney Zurich
replied that he resented the insinua-
tion OF his adversary that any witness
might have been subpoenaed with an
ulterior motive and assured the court
that all witnesses under subpoena for
the defense had been so subpoenaed
in good faith and in his judgment
might become material witnesses. At
torney Quayle replied that he did not
insinuate that counsel had any u1-
terror motive in view. The court an
nounced that under the statement
made by Attorney Jurich the juror
would be excused. In the case of
Juror James McDonough. who was
called into the box, the same situa-
tion presented itself and this juror
was likewise excused by the court.
In all twenty-one jurors were
called for examination and not sin
gle one was challenged for canee.
which resulted in jury being chosen
10 try the case in remarkably short
space OF time. considering the i'm
portanee of the issues presented.
In the peremptory challenges eoun-
sci for the defendants excused Jurors
Martin T. Magnuson, G. c. Riser. J
T.. Wamboldt and Bryan II. Pierce.
The plaintiffs counsel exercised three
peremptory challenges. excusing Jur-
ors f. T.. Knox. George NJ. Campbell
and II. l.. Fuller This left the fol.
lowing twelve jurors in the box. who
were sworn to try the issues:
J. ID. MLAUGHLIN.
l.. r. ZADOW.
w. H. CURRY.
T. w. HUDSON.
CLAUDE FAWCETT
/ w. G. GOODMAN
J. Il. SQUIRES.
! HENRY MATHIS.
]. r. BRINTON.
HYRUM S. ARNOLDSON.
| A. q. SHORT.
r. p. M'KERNAN
Shortly after tho noon recess the
jury had been selected and counsel
for the plaintiff made brief open
ing statement. Attorney Zurich made
more lengthy statement to the jar
ors and was interrupted by Attorney
Quayle when he told the Jury he
would prove certain matters, the OBJ
| lection being that the matters re-
ferred to would not be admissible
under the law. the objection being
based principally on the fact that the