The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1908-08-24

In the cas- Of Harry Davies, charged
with assault with intent to kill r.
Mechanics. in which defendants at.
torneys asked for the release of their
client on the grounds that Justice of the
Peace L. w. Oromer had lost jurisdiction
OF the case by postponing for more than
six days the examination. claiming hat
the examination had commenced when
the defendant with his counsel ap.
peared in court and demanded said
examination, Judge Breen took the
matter under advisement last Saturday,
aud rendered his decision in open court
on Tuesday afternoon. The decision is
quite lengthy, the Judge having gone
very fully into the details bearing on
the case. Owing to the space the de-
cision would occupy the SENTINEL is I'M
able to handle it.
In short, Judge Breen refused to dis.
charge the defendant as prayed for in
the writ Of habeas corpus, but ordered
the preliminary hearing from the Justice
Court to the District Court in the fol.
Owing order:
at Is ordered that the 50 i'd Davies be
not discharged, but that he be re.
manded to the custody Of the Sheriff oil
Eureka County for examination before
me, the District Judge of the Third
Judicial District of the State Of Nevada.
in and for Eureka County, on the
charge laid against the said Davies in
said complaint. That said examination
Is set for Thursday. August 20. 1908. a,
ii o'clock q. m, of said day. in the
courtroom Of the Court House in the
town Of Eureka, State Of Nevada. and
that the said defendant be admitted to
bail in the sum Of $1,000"
Dapies Has Preliminary Examination
The preliminary examination Of Harry
Davies was held before Peter Breen,
District Judge Of the Third Judicial
District Of the State of Nevada, in and
for the County Of Eureka, sitting as o
committing magistrate. on Thursday.
that being the time set by q previous
order Of the above named Judge for tn
examination of Harry Davies. the abov,
named defendant. upon a charge of as.
sault with intent to kill one r. Nc.
Charles. as set forth in the complaint.
The defendant appeared for examina.
tion with his attorneys. A. L. Fitzgerald
and A. d. Elliot. and the State was
represented by District Attorney A. s.
Henderson.
When the case vas opened. Mr..
Elliot. of counsel for defendant, moved
to discharge the defendant, Harry
Davies. on the ground that there was
nothing before the Court to hear or try.
The Court. after argument by counsel,
denied the motion; defense excepted.
The case then proceeded by the prose-
cution calling its first witness, Mrs.
Green.
Mrs. Green's Tesfimony
Mrs. o. d. Green. called on behalf OF
the prosecution. was duly sworn and
testified as follows:
Mr.. Mechanics was sitting in my
sewing room talking with me when Mr..
Davies came into the store l excused
myself from Mr.. Mechanics and went
into the store; Mr.. Davies said "Aren't
you pretty near ready to go home to
supper" Isaid, eyes. Twill be ready in
a few moments" Davies said, "Put OIL
your hat and l will go over with you;'
| replied that / was not ready just al
present, as / had some business to attend
to with Mr.. Mechanics; Davies said, "Is
Mr.. Mechanics Ia there?" ! replied.
"Yes;' he said l guess l will 60 in and
say hello to him; he ven into my sew
ing room, and | heard him say, hello.
Rory; and Mr.. Mechanics responded by
saying. hello. Harry. lam positive that
is all that passed between the two men;
Mr.. Davies returned into the store
again, Wcnt bChiuu thS Wv oHN
opened and closed my money drawer; he
came down to the end of the store where
l was standing. and as he was going to
pass me I saw he had my pistol in his
hand l asked him what he was going
to do; he said l am going to shoot my
self; l realized in a fash that the pistol
was not only loaded but cooked; l ran
after him, and WI struggled for the
possession Of the pistol; while WI were
struggling for the weapon two shots
were fired; / saw the second one hit
Mr.. Mechanics in the ear, and saw him
fall to the floor; l ran to help him up;
Mr.. Davies turned from me and swore
about the pistol being loaded. aud fired
the rest Of the shots around the room
at random; we helped Mr.. Mechanics on
to the lounge. and he said to Mr.. Davies.
What did You do that for? l said never
mind talking about that now, but 20 and
get me some water; he got me a
can Of water, and together we
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