August 29, 1963 (16 pages)

2 a Re en SE ee er the communities of Nevada City, Grass Vi en field, Humbug, Reliof Hil, Washington, Blas Tent, Labiar Motes tees Fane Talk Hill, Gold F ent, Soggsville, Gold Bar, Lowell Hill, Bourbon Hill, Scotch Hill, North Columbia, Columbia Hill, Brandy Flat, Sebastopol, Remington Hill, Anthony House, Delirium Tremens. Volume 38, Number 35 [This Is Nevada Gi THIS IS NEVADA CITY.A crack in the retaining wall on Pine St. below the Courthouse provided the inspiration and opportunity for this planting of marigolds outside Mrs. Marie Tognarelli's apartment. All of which goes toprove that the famous gardens of Nevada City can be seen almost anyplace. . 10 Cents A Copy Cedar Ridge, Union Hill, Peardale, Summit City, Little York, Cherokee, Mooney Flat, Sweetland, . Omega, French Corral, : Walloupa, Gouge Eye, Lime Ki hicago P. Wolf, Christmas Hill, Sailor "Gucker Hill W ilies Volley, Neco ladies Fes port, B Published Thursdays Nevada City, August 29, 1963 BiDeny Brickell Plea For Dismissal Of Arraignment of Jack Brickell on two Grand-Jury charges of grand theft involving allegedly fraudulent collection of insurance funds from the State Compensation Fund and Maryland Casualty Insurance Company was continued yesterday until Sept. 6 at 1:30 p.m. Brickell's attorney, Victor Huber, was given the new arraignment delay after his motion for dismissal of the Grand Jury indictment was denied by Superior Court Judge Vernon Stoll. APPROVE 100 UNIT TRAILER PARK PLAN FOR HIGHWAY 49 NEAR NEVADA CITY A use-permit application for a 100 unit trailer park on highway 49 at Wet Hill Rd. was approved by the county planning commission Monday night. The developer is Frank Amaral. Residents of the Wet Hill area presented a petition of 25 names opposed to the project. Hans Grag, a Wet Hill Rd. home owner, Claimed the residential character of the area would be destroyed, too many trees would be taken, and the city schools would be burdéned with as many as 100 extra pupils. Earle Dewing, acting as commission chairman in place of the ailing Cecil Edmunds, said it would be better to “corral” the influx oftrailers in properly built parks than to allow them to be spread out through the woods in the county. All commissioners voted to grant the permit except Alfred Heller, who abstained on the grounds that the advice of the Nevada City planning commission SchoolEnrollment To Go Up Pre-registration in the three major school districts in western Nevada County indicates an increase in enrollment when schools open next week, but not any exceptional increase. While the Nevada Union High School expects an increase of 100 students at the high school, bringing the student body up to 1100, this boost is due to a larger sophomore class coming into the school than the senior class that graduated, An additional 50-60 students are also expected at the junior highschool, bringing the enrollment there up to nearly the 840 students that were enrolled. two years ago. i Grass Valley Elementary School's kindergarten class of 140 students is filled and a waiting list is being established. But this has happened before, school officials point out. A small enrollment increase is expected in other ‘ grades, Nevada City Schools also expect asmallenrollment increase, but nothing too unusual. Pre-registration has been brisk, as it is every year. should be obtained first, since the trailer court would be located directly across the road from the city limits. Earlier in the evening, partly on the advice of the Grass Valley planning commission, the county commission denied a use permit toRobert R. Renfree, who wanted to construct a garage on Eureka St. just outside’ the city limits in a residential area. An application by J.A. Beck for a permit for a motel on highway 49 across Sutton Way from the Gold Nugget Inn was put over until a plan for sewage disposal satisfactory to the County Health Department and the planning commissioncanbe submitted. Sanitarian Hal Cox said sewage . could not be disposed of in this location by septic tank and drain field. Lorin Trubschenck, representing the Soil Conservation District, introduced members of the district board and ex plained the water development plans of the SanJuan Ridge County Water District. Waysin which the planning commission and the two agencies could work together were discussed informally. Reactivate Chamber, Women Say The Nevada City Woman's Civic Club unanimously went on record this week as opposing the closing of the Nevada City Chamber of Commerce, and the organization offered its services to help revitalize the chamber. The group saidthat "merchants and property owners" should be made aware “that their lack of interest is ruining this community, . The club distributed copies of a resolution opposing the closing of the chamber to directors of the promotional group. "At this time with the tourists and the influx of newcomers brought by the developments in this area, a chamber of commerce is mandatory", the resolution said. " “Nevada City can and must support a chamber of commerce when even such small communities as Colfax, Sierra City and Downieville can doit, " the civic club claimed. Chamber president Alice Mc Gee said the future of the chamber will be determined when the monthly meeting isheldSept. 16. She said Vice-president John Knudsen will preside at the meeting and that all interested persons may attend whether they belong to the chamber or not. Mrs. McGee also said that plans to have preliminary talks with directors of the Grass Valley Chamber of Commerce on the idea of a possible merger (Continued on Page 2) OTT'S MUSEUM TO OPEN (See Page 2) Grand Theft Charges Tentative date for trial of Brickell was informally agreed upon by Huber and District Attorney Harold Berliner so that three days beginning Oct. 7 could be set aside on the court's calendar. Huber had hoped, at an arraignment hearing Monday, that the court would delay arraignment until the state Industrial Accident Commission couldrule on a Brickell plea for continued disability benefits, His request for the delay was denied, it being pointed out that Industrial Accident Commission action is a civil action and the Grand Jury indictment is a criminal action. . The plea for dismissal of the indictment on the grounds that the Grand Jury did not have sufficient evidence upon which to issue the indictment was heard Monday morning. That day's arraignment was continued until yesterday to allow Judge Stoll time to study the Grand Jury transcript. : He ruled yesterday that a study of the transcript indicated that the Grand Jury had sufficient evidence tobring the indictment and denied Huber ‘s motion for dismissal, Huber had claimed that Brickell was indicted without reasonable cause, claiming that witnesses before the Grand Jury presented hearsay as evidence, Huber claimed the charge of fraudulent receipt of insurance benefits required: 1. The conscious misrepresentation of a material fact 2. To a person 3. Who relies on it 4. To his detriment. The attorney for Brickell claimed that nowhere in the testimony before the Grand Jury was there any indication that the insurance companies relied upon false information given them by Brickell. Assistant District Attorney Frand D, Francis countered with the claim that the Grand Jury had “some evidence" which indicated falsity onthe part of Brickell, He cited a statement of Brickell to Dr. ElwoodN. Hathaway who examined him for the State Compensation Fund, and a statement reportedly signed by Brickell to the Maryland Casualty Company. He claimed that the state fund relied upon the statement of Brickell relative to the cause of the accident as well asto the doctor's (Continued on Page 14) PUSMBIORG (8039098 sr eoTpora, "JTTBD ‘6 0 £28197 j \ f 4 ;

2 a Re en SE ee er the communities of Nevada City, Grass Vi en field, Humbug, Reliof Hil, Washington, Blas Tent, Labiar Motes tees Fane Talk Hill, Gold F ent, Soggsville, Gold Bar, Lowell Hill, Bourbon Hill, Scotch Hill, North Columbia, Columbia Hill, Brandy Flat, Sebastopol, Remington Hill, Anthony House, Delirium Tremens. Volume 38, Number 35 [This Is Nevada Gi THIS IS NEVADA CITY..A crack in the retaining wall on Pine St. below the Courthouse provided the inspiration and opportunity for this planting of marigolds outside Mrs. Marie Tognarelli's apartment. All of which goes toprove that the famous gardens of Nevada City can be seen almost anyplace. . 10 Cents A Copy Cedar Ridge, Union Hill, Peardale, Summit City, Little York, Cherokee, Mooney Flat, Sweetland, . Omega, French Corral, : Walloupa, Gouge Eye, Lime Ki hicago P. Wolf, Christmas Hill, Sailor "Gucker Hill W ilies Volley, Neco ladies Fes port, B Published Thursdays Nevada City, August 29, 1963 BiDeny Brickell Plea For Dismissal Of Arraignment of Jack Brickell on two Grand-Jury charges of grand theft involving allegedly fraudulent collection of insurance funds from the State Compensation Fund and Maryland Casualty Insurance Company was continued yesterday until Sept. 6 at 1:30 p.m. Brickell's attorney, Victor Huber, was given the new arraignment delay after his motion for dismissal of the Grand Jury indictment was denied by Superior Court Judge Vernon Stoll. APPROVE 100 UNIT TRAILER PARK PLAN FOR HIGHWAY 49 NEAR NEVADA CITY A use-permit application for a 100 unit trailer park on highway 49 at Wet Hill Rd. was approved by the county planning commission Monday night. The developer is Frank Amaral. Residents of the Wet Hill area presented a petition of 25 names opposed to the project. Hans Grag, a Wet Hill Rd. home owner, Claimed the residential character of the area would be destroyed, too many trees would be taken, and the city schools would be burdéned with as many as 100 extra pupils. Earle Dewing, acting as commission chairman in place of the ailing Cecil Edmunds, said it would be better to “corral” the influx oftrailers in properly built parks than to allow them to be spread out through the woods in the county. All commissioners voted to grant the permit except Alfred Heller, who abstained on the grounds that the advice of the Nevada City planning commission SchoolEnrollment To Go Up Pre-registration in the three major school districts in western Nevada County indicates an increase in enrollment when schools open next week, but not any exceptional increase. While the Nevada Union High School expects an increase of 100 students at the high school, bringing the student body up to 1100, this boost is due to a larger sophomore class coming into the school than the senior class that graduated, An additional 50-60 students are also expected at the junior highschool, bringing the enrollment there up to nearly the 840 students that were enrolled. two years ago. i Grass Valley Elementary School's kindergarten class of 140 students is filled and a waiting list is being established. But this has happened before, school officials point out. A small enrollment increase is expected in other ‘ grades, Nevada City Schools also expect asmallenrollment increase, but nothing too unusual. Pre-registration has been brisk, as it is every year. should be obtained first, since the trailer court would be located directly across the road from the city limits. Earlier in the evening, partly on the advice of the Grass Valley planning commission, the county commission denied a use permit toRobert R. Renfree, who wanted to construct a garage on Eureka St. just outside’ the city limits in a residential area. An application by J.A. Beck for a permit for a motel on highway 49 across Sutton Way from the Gold Nugget Inn was put over until a plan for sewage disposal satisfactory to the County Health Department and the planning commissioncanbe submitted. Sanitarian Hal Cox said sewage . could not be disposed of in this location by septic tank and drain field. Lorin Trubschenck, representing the Soil Conservation District, introduced members of the district board and ex plained the water development plans of the SanJuan Ridge County Water District. Waysin which the planning

commission and the two agencies could work together were discussed informally. Reactivate Chamber, Women Say The Nevada City Woman's Civic Club unanimously went on record this week as opposing the closing of the Nevada City Chamber of Commerce, and the organization offered its services to help revitalize the chamber. The group saidthat "merchants and property owners" should be made aware “that their lack of interest is ruining this community, . The club distributed copies of a resolution opposing the closing of the chamber to directors of the promotional group. "At this time with the tourists and the influx of newcomers brought by the developments in this area, a chamber of commerce is mandatory", the resolution said. " “Nevada City can and must support a chamber of commerce when even such small communities as Colfax, Sierra City and Downieville can doit, " the civic club claimed. Chamber president Alice Mc Gee said the future of the chamber will be determined when the monthly meeting isheldSept. 16. She said Vice-president John Knudsen will preside at the meeting and that all interested persons may attend whether they belong to the chamber or not. Mrs. McGee also said that plans to have preliminary talks with directors of the Grass Valley Chamber of Commerce on the idea of a possible merger (Continued on Page 2) OTT'S MUSEUM TO OPEN (See Page 2) Grand Theft Charges Tentative date for trial of Brickell was informally agreed upon by Huber and District Attorney Harold Berliner so that three days beginning Oct. 7 could be set aside on the court's calendar. Huber had hoped, at an arraignment hearing Monday, that the court would delay arraignment until the state Industrial Accident Commission couldrule on a Brickell plea for continued disability benefits, His request for the delay was denied, it being pointed out that Industrial Accident Commission action is a civil action and the Grand Jury indictment is a criminal action. . The plea for dismissal of the indictment on the grounds that the Grand Jury did not have sufficient evidence upon which to issue the indictment was heard Monday morning. That day's arraignment was continued until yesterday to allow Judge Stoll time to study the Grand Jury transcript. : He ruled yesterday that a study of the transcript indicated that the Grand Jury had sufficient evidence tobring the indictment and denied Huber ‘s motion for dismissal, Huber had claimed that Brickell was indicted without reasonable cause, claiming that witnesses before the Grand Jury presented hearsay as evidence, Huber claimed the charge of fraudulent receipt of insurance benefits required: 1. The conscious misrepresentation of a material fact 2. To a person 3. Who relies on it 4. To his detriment. The attorney for Brickell claimed that nowhere in the testimony before the Grand Jury was there any indication that the insurance companies relied upon false information given them by Brickell. Assistant District Attorney Frand D, Francis countered with the claim that the Grand Jury had “some evidence" which indicated falsity onthe part of Brickell, He cited a statement of Brickell to Dr. ElwoodN. Hathaway who examined him for the State Compensation Fund, and a statement reportedly signed by Brickell to the Maryland Casualty Company. He claimed that the state fund relied upon the statement of Brickell relative to the cause of the accident as well asto the doctor's (Continued on Page 14) PUSMBIORG (8039098 sr eoTpora, "JTTBD ‘6 0 £28197 j \ f 4 ;