Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-11-18

was no better than Reek's. The publica.
| ton OF that card in the Leader by Mr.,
Anderson himself led to the affray which
he had with W. J. Penrose, in which he
came near losing his life. He bounded
Adam Aulbach to desperation by repeated
slurs and gibes, not hestitating once or
twice to use the names OF respectable
| young ladies in his insulting articles in
order to intensity their venom. And so
on. That this representation is substan-
tally true is the universal verdict of every
body in Eureka. The character of his
antagonist, the trying nature of the cir
cumstances, what is ruleable in printing
Offices, all urged upon the SENTINEL by
Mr.. Reek and Mr.. Mette, caused this paper
reluctantly to publish Mr.. Reek's card.
The SENTINEL attempts no vindication Of
itself or Mr.. Reek. As for itself it needs
none. 1t merely states Reek's cause that
the public may be put in possession of
facts that enter into the analysis of the
case. Even this much, however, it says
against it's own will now, and only because
it deems it necessary to reply at last to
the persistent scandals of the Enterprise.
The SENTINEL would have greatly preferred
to say nothing unless good of the dead.
VAS CRIME CoMMITTED2
This is q purely judicial question. Its
proper answer is obtained by reference to
the law only. The Interpretation of the
law rests with legally constituted judicial
authority. The decision of a Judge is
prima facie correct, and should stand I'M
less overrnled in a superior court. A jul
dicial tribunal is presumed to be better
1y,IiHnJ Il oy;,,r n roca thnrnpuh1v inynQ,
tigated regularly before it, to reach a just
determination than a newspaper. This is
common sense. The decision of a Judge
is entitled to all respect until it is proved
that he has erred in Judgment or was dis
honest. Judge Harmon's good sense is
conceded by all who know him, while his
honesty had never been doubted until the
Enterprise accused him Of being Access
sorry to q murder. He is a man of intelli-
gence, and of the very purest character,
independent and impartial always, and
following the law only. In the prelimin-
airy examination it was his province to de-
termine whether any crime had been
committed against the commonwealth.
The statute guiding him in the premises is
Compiled Laws, vol. 2, sec. 1889: CAT
ter hearing the proofs and the statement
of the defendant, if he have made one, if
it appear either that a public offense has not
been committed or there is no sufficient
cause to believe the defendant guilty there
of, the magistrate shall order the defend
ant to be discharged"
THE JUDICIAL DECISION.
Upon hearing the testimony, which was
published at length in the SENTINEL, &C.
cording to the statute quoted, and listen
ing to the argument for the defense and
for the State, Judge Harmon decided that
no offense had been committed, and or
dered the discharge of the defendant. The
ground of his decision was that Reek had
acted in elf-defense, which is the first law
of nature, and that no jury would indict
or convict him. Hon. W. H.. Davenport,
the District Attorney, who conducted the
prosecution, said as much in effect, and
stated that if his Honor should see fit to
bind the defendant over to await the
action of the Grand Jury, he would
advise that the bono he made reasonably
low, and that if His Honor thought it best
to discharge the defendant altogether he
would willingly share the responsibility of
that act with him. This decision of the
Judge and the District Attorney gave
universal satisfaction when announced,
coupled with the testimony in the case.
Their province, on the part of the State,
was to determine whether or not an offense
had been committed-not to inquire
whether a case could be made out against
him for murder, or whether there were
circumstances that would warrant a jury
in convicting him on that charge. As for
that matter, Mr.. Reek remains on Ruby
Hill, and is attending quietly to his pro-
fessional duties as a school teacher. He
can be had at any time to appear before a
Grand Jury. Judge Rives was solicited
yesterday to call out q Grand Jury imme-
diately for that purpose, but he declined
to do 30 on the ground of extraordinary
expense, and because the regular Grand
Jury will be summoned together in Jan
uary, when he will instruct them to re-
investigate the case for the sake of greater
caution, and in order that there may be nc
chance for the imputation of foul play.
In the meanwhile, Mr.. Reek stands &C
quilted in the eye of the law and in the
minds of all fair-thinking people.
ANALYsI OF THE TESTIMONY.
ait is not the province Of a Justice
of the Peace to determine whether a person
charged with a felony is guilty or not
guilty" says the legal light Of the Enter
prise. Nevertheless, that is exactly what
his province is, the 'pogberry" OF that
paper to the contrary Notwithstanding.
and he did determine that no felony
(offense) had been committed. and that
hence Reek was guiltless. But to the
testimony. Matt. Schatzleiu swears that
he saw Anderson going down the street
nearly in the middle. Says Schstzlein:
"When Anderson came about opposite the
spot where the shooting took place, he
turned to the right and made five or six
steps to the east, stopped q moment, ran
his hand inside of his coat and drew out
what seemed to be u gun He disappeared
behind a stage, which interposed between
hin and me, and immediately afterward
| heard firing" This is what Schatzlein
swears to. 1t shows that Anderson went
after Reek and pulled a pistol before there
was any shooting. Under such oircum-
stances if Reek had fired the first shot,
the relations existing between the two men
being such as they were. he would have
been held guiltless in any court. Other
witnesses corroborate SchatZlein's state
ment that Anderson's approach upon Reek
was aggressive and hostile.
Thomas Dale tastiies that he and Reek
were standing on the sidewalk talking
quietly together, he (Dalel with his back
to the street, when Reek remarked. with
out excitement, There comes Anderson"
and looked across the street. Reek was
Immediately in front of him. and he saw
no weapon in his hand. He is sure of
this. The next moment there came q shot
from behind, and he thought he was shot
in the back. He was positive that the
first shot was not fired by Reek; hence it
must have been fred by Anderson.
w. S. Beard swears that he saw Ander-
son coming across the street towards where
Reek was standing. Being well acquainted
with Anderson, he was attracted by the
unusual manner in which he was acting
aud the curious expression on his face. 1t
was a peculiar expression. He could not
describe it. He was so much impressed
with Anderson's disordered appearance
that he exclaimed. "What ia tho matter
with Jim ?" He placed himself, then. de-