Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1908-02-28
BANK CASE TAKEN
Under ADJUSTMENT
Continued from Page -

ed him up subsequently to the testi-
mony before the Grand Jury, and
told him over the telephone that the
overdraft was secured, the collater-
ais having been in the hands of Key
Pittman, the attorney for the bank.
Mr.. McCarran responded that he had
not sworn to any such statement,
and it was suggested that Cushman
take the stand. Judge O'Brien said
that if the cashier took the stand for
an oral examination, he would have
to submit to the rules of cross-exam-
nation Mr. Pittman asked for time
in which to prepare and file coun-
ter affidavit, and an adjournment was
taken for fifteen minutes.
At the re-opening of court, Mr..
Pittman read the affidavit, and the
same was filed, and Mr.. McCarran
made the argument in support of his
motion that Mr.. Cushman produce
the books of the bank in the court,
/
peated that Mr.. Cushman had no
other recourse, since he had not
availed himself of the right to refuse
on the ground of incl iminating him
self. He referred to the case of ex-
parte Hedden, who refused to pro-
duce the books of the Tonopah and
Goldfield road on the ground that
they might incriminate him, and that
his contention was sustained by the
Supreme Court of the State. The
court also stated that Lyon and Not
Hedden was the proper custodian of
the books
in making the notion" said Mr..
McCarran, II have appealed to the
inherent power of the court to de-
mand that all evidence which would
enlighten the court or the Grand
Jury, where it is charged that
crime has been committed. be pro-
duced.''
is the court to accept the report
of the Grand Jury as basis for the
motion?" asked Judge O'Brien.
Not so,' responded the district
attorney, "but the report was read
in court. and must be considered by
your honor. The report states that
evidence has been adduced that the
crime of embezzlement has been COM
mitted, and there is no reason why
the books should not be produced
before the Grand Jury, since Mr..
Cushman has waived immunity"
/ Mr.. Pittman declared that Mr. Nc
Carran seemed to be under the hal
lucination that Mr.. Cushmans only
escape from producing the books was
to stamp himself a criminal. He
said that there were numerous rea-
sons, legal reasons, why such a
sweeping order should not be grant
ed. In the first place, he combat
ted the jurisdiction of the court, and
in the next place, it would be viola
tion of the constitution of the United
States, and of the State of Nevada.
The constitution would not permit
an unwarranted seizure of a person S
effects, and this amounted to a seiz-
ure. No books were designated.
There We're Just books wanted The
J affidavit, he said, did not state a
) single fact, merely embodying a CON
clusion of the Grand Jury that the
) belief existed that aecrime had been
committed.
! Mr.. McCarran does not say who
committed a crime" said the attor-
: ney. IF he had the evidence that a
: crime was committed, he would have
. the names of those who committed
/ the crime, and he would have given
:, them. 1t is evident that he is on a
fishing excursion, only. 1t is not
Y enough to be advised that a crime
S has been committed. to have an
: omnibus order of this kind; it is NOT
1 enough to have the belief that y
+ crime has been committed There
must be statement of facts. He
) has not recited any facts, he has moi
: made any showing whatever. He
: says that he wants books. just books
l. There is nothing to show that Mr.
= Cushman committed any crime H,
II did not refuse to produce the book.
v of the bank for any personal reason
or through any fear of personal con
sequences. He refused for the pro
lection of the depositors and tn,
debtors of the bank. for he does no
believe that he has the right to max,
Z public the affairs of the clients o
the bank.
= The arguments were concluded a
20 FIVE o'clock, and the matter then sub
'e mitted to Judge o'Brien. who tool
s. the motion under advisement.