The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-08-17
WORKING FOR DAVIES RELEASE
Interest Taken BY the Public in
the Recent Shooting ARRAY
Still Unabated

The preliminary hearing of the case
Of the State of Nevada vs.. Harry Da-
vies. charged with an assault with in.
tent to kill Il. Mechanics. which was
continued on August 6 to August 10,
was again called in Justice L. w. Cro-
mer's cour Thursday.
District Attorney A. s. Henderson
represented the STATE, aud the defend
ant. who was present, was represented
by Attorneys A. L. Fitzgerald and A. ID.
Elliot.
Counsel for defendent moved for a
dismissal Of the ease on the ground that
the Court had lost jurisdiction of the
case from the fact that the law had not
been complied with, inasmuch as the
statutes provide that a preliminary ex-
animation cannot be continued for more
than two days at a time nor more than
six days in all, whereas in the Ease in
question the hearing had been contin.
ued for seven days.
Justice Cromer denied the motion Of
defendants attorneys. holding, as he
had in the first instance. that the ex-
animation had not been begun, as no
testimony had been taken, etc. Con-
siderable discussion was INDUCED in
between the Court and counsel for the
defense regarding the meaning Of the
provisions of the law cited.
The District Attorney then offered a
motion in writing similar to the one
made at the first hearing asking that the
examination be put over for one week,
till Thursday, August 20. 1908, at 4 p.
M. for the reason that the States wit
ness, r. Mechanics. was unable to he
present to testify in the case. being still
in Salt Lake under the surgeons care.
The attorneys for defendant vigorous
ly opposed the granting of the motion.
advancing the same reasons as they had
at the first setting Of the hearing of the
case.
After this matter had been fully dis
cussed by the Court, counsel for the de.
PENDANT and District Attorney, Judge
Cromer granted the motion and the
hearing was continued to the time
stated above.
Habeas Corpus Proceedings Commenced
On Friday the attorneys for the
defendant, Harry Davies, sued but q
writ Of habeas corpus in the District
Court, asking for the dismissal of their
client from custody. Judge Breen set
the hearing for Saturday.
When the case came up Saturday
morning. it developed that a great deal
of interest was taken in the proceedings.
an unusually large number of spectators
being in attendance, and the District
Courtroom was comfortably filled. The
various rumors and other complications
arising since the shooting occurred have
increased the interest taken by the
public, and consequently the case
has become one OF the most interesting
that has ever presented itself in Eureka.
After considerable sparring by both
sides, counsel for defense opened the
hearing by moving for the release from
custody of the defendant on the
grounds that Justice Cromer had lost
jurisdiction of the case by p~ostponing
for more than six days the ex animation
when the first preliminary hearing was
had.
The contention of counsel for the
State was that the examination had not
been commenced, in that no testimony
had been taken in one way or the other,
and that upon the showing by the
prosecution that the complaining wit
ness had to be taken t, Salt Lake City
Immediately for surgical treatment. he
had a right to the continuance for a
longer perioi than six days in all.
The putting in of the case and the
argument of counsel on both sides &C.
cupied nearly the whole day. At the
conclusion OF the arguments Judge
Breen took the matter under advise.
ment and intimated that an early de.
cision would be rendered.
Operation Performed on Mr.. Nc Charles
From letters and kilograms received
here it is learned that an operation was
performed on R. Mechanics last Monday
at Salt Lake. BY the use of the X ray
it was found hat the bullet after passing
through the upper lobs of the right ear
and entering the head took an upward
course and was located about two
inches from the place OF entrance, near
the crown of the head, and between the
lining of the skull and brain.
A telegram received here Friday
morning stated that Mr.. Mechanics had
passed a good night aud his condition
was favorable. The wires have since
been down and no further news has
been received.