Carson City daily appeal. [volume] (Carson City, Nev.) 1907-1930, 1909-01-25
COURT MODIFIES OR.
DER TO TAKE EF-
feet NEXT MONDAY

r. B. Hickey was remanded to the
custody of the sheriff OF Ormsby
county and after he finishes, to the
custody of the sheriff Of Esmeralda
county after the denial OF two appli-
cations for release upon habeas cor
pus proceedings this morning.
In making the decision the court
stated that IL would not decide the
matter of the application from Nye
county, Us that application contained
two points instead of one as the bas-
Is of the application. That on the
Constitutionality OF the law caused
no delay. the court was willing to
decide that point as it had the other
two, but the allegation in the appli'
cation to-wit, that the Indictment is
defective, the court was unwilling
To decide.
Counsel for each side was asked
to present argument, either oral or
on brief, on this point to enable the
court to determine whether it had the
necessary legal qualification to decide
this point. the court holding that the
question Of validity of indictment is
u matter wholly within the jurisdic-
tion of the Nye county district court,
and not proper matter as contained
in the application for habeas corpus
writ.
According to the decision in the
Ormsby and Esmeraida cases, Hickey
would in the ordinary procedure be
remanded to the custody Of the sher-
if In each county and would be com
PEELED to plead in tne district court
He could then apply for release up
on bond.
Attorney Peck for Hickey, gave no
tice that he should apply to the NOM
bers OF the Supreme Court for writ
of error to the United States Supreme
Court and asked for stay of eXecu-
ton until Monday that he might pre-
sent his application.
The attorney general was not GER
tain that the bond now in force would
hold as the cases under which the
bond is given have been decided, and
to examine into the bond and to de-
tcrmn3 whether a new bond shall
be filed, the court stayed the entrance
of the order remanding the prisoner
until half past one in order TO arrive
at conclusion.
Present in court were T. b. Rick
cy. the defendant. directors of the
State Bank and Trust Company, Geo.
II. Meyers, +. II. Petersen and JAS.
p. Woodbury. and representative
from Nye and Esmeralda and Ormsby
counties.
Hickey is charged with having re-
ceived deposits in the State Bank and
Trust Company banks knowing that
they were, or were about to be, in
solvent. The defendant is represent
cy by j. +. Peck and W. b. Pittman
while the Attorney General and his
deputy, Fowler, represented the State
The Nye county indictment goes
further than the others and charges
that Hickey committed the physical
act of receiving a reposit knowing
the bank to be insolvent. If this in
dictmcnt should be decided to be de
t'Ctivc. 1t will have bearing upon
al the dozens Of indictments in the
other counties, in that to tnrow 1t
out will be to decide the very point
which the prosecution expects to
prove in the other Counties in the dis
trct courts.
Judge Langan set the Hickey mat
ter in the district court for half past
three.
The habeas corpus proceedings
were taken after Hickey aad surren-
dGred himself in each county and
mad been placel in Jail. An applica-
tion was then sworn out by w. b.
Pittman alleging the banking act as
unconstitutional, asking for release
from the Esmeralda and Ormsby coun
ty jails. Bonds were given and Rick
cy was released. The Nye county ap-
picatiOn was made by Alf CharJz,
who included in his application the
allegation in regard to the defective
tndictment.
At the afternoon session the court
after hearing from counsel from eth
up gida coutinupd ayecutiOn and on
trance of the decrees until Monday
morning. February |, at 10 o'clock.