The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1907-12-21
THE DISTRICT ATTORNEY REPLIES
Mr.. Hendersons Answer To the
Recent Statement Made BY
The Grand Jury

To THE PEOPLE on EUREKA COUNTY:
In the SENTINEL Of December IA is q
statement signed by eleven Of the re.
cent Grand Jurors In which they seem
10 take exception to the remarks Of the
cSstrict Judge in q previous issue Of
tina paper, wherein his Honor advised
-. District Attorney to offer his ser.
vices to the Grand Jury when in session
and draw up any papers that they may
require. In the same statement the
Grand Jurors intimate that they are
dissatisfied with the way in which its
Recommendations have been carried out.
Ia the statement Of the Grand Jury
it is stated that all papers presented by
that body to the Court were drawn up
by Attorney Maestretti, who was
brought from Lander County to assist
me in the duties Of my Office. This is
erroneous as A. j. Maestretti, Esq was
not brought here to assist me in the
duties Of my Office, but only to assist
me in the prosecution of the three GRIM
inal cases that were then before the
Court. Mr.. Maestretti Was not my
deputy. as the records will show.
While it may have been the intention
of the Grand Jury only to bring pre-.
sentiments against certain county Of
~ficlals, the statute provides that for
willful or corrupt misconduct in office
the manner of procedure shall be by
accusation unless it appear to that body
that some crime in the nature of a
felony or misdemeanor has been COM
mitted, in which case it could have been
brought to light by presentment. The
intended presentments did not state
that any offense had been committed,
AID the only possible manner of pro-
cedure was by accusation. Admitting
for a fact that the said papers were in.
tended for presentments and not accusa-
tions, then the gentlemen took the
wrong course, as a presentment is
meant for an entirely different class of
~offenses. Upon a presentment, a COM
plant should be lodged against the per-
son charged, a warrant issued, aud his
arrest and bail follow. II the crime
were a misdemeanor, the person should
be tried therefore in the Justices Court;
if a felony, he would be held before a
Grand Jury, and if indicted by that
body, his trial would follow before a
petit jury and upon conviction would
spend a term in the State prison or ex-
plate his crime upon the gallows.
But if the Supreme Court of this
State counts for anything the proper
procedure against District, County, or
Township officers for willful or corrupt
misconduct in office is entirely differ
ent. come under the head of accusa-
tions, and is of a summary character.
The accusation itself is the complaint,
there is nc arrest or bill, and upon con-
viction before a jury the officer is sim
ply removed from office.
/ hope / will not be considered too
presumptuous in thus stating what l
believe to be the law, but on this sub
ject it became my imperative duty TO
study closely and l have done so for
months, and l wish to state that during
my investigation of the subject one Of
the members of the Grand Jury con.
versed with me about the accusations
and gave me to understand that they
were accusations. aud also inquired of
me when they were to be prosecuted.
Ia conclusion l would call the atten.
ton of the citizens and taxpayers that
the Grand Jury seem dissatisfied as to
the name its recommendations have
been carried out, inasmuch as they state
that IL is now nine months since that
body filed its report. True. Icould have
brought up the accusations before / did,
but Knowing that Court would be in
when all court business could be trans
acted at once, l delayed the same for
the reason that had l brought the said
accusations before the Court during the
previous months it would have put the
county and its taxpayers to a great and
unnecessary expense. Then again. if a
crime was brought 70 light in March it
would still be a crime in December. As
for the Grand Jury's other recommen.
dations. it is true that all of them have
not been carried out, but close inspec.
tion will show that most of their recon.
mendations have been carried out to the
benefiting the county to the ex,
tent of hundreds of dollars.
As it is my duty to see that the rec
concentrations of the Grand Jury are
into effect. l feel that it is my
duty to put this matter before the cit.-
zens of this county in its true light and
to use the words of the statement OF
the Grand Jury. "That 10 injustice be
done through ignorance of the facts"
A.. S. HENDERSON,
District Attorney of Eureka County
Eureka. Nevada. Dec. Is, 1907.