Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1910-06-17
EUREKA BANK MATTERS

Eurek County Bank: The first
cases called were those of the State
VS.. Oscar j. Smith, Bert L. Smith
and w. E. Griffin. who were arrested
in Reno on May 20 under the in
dictments known as the Eureka
County Bank indictments. Attorney
Charles B. Henderson of Elko, who
has been retained by the eountty &c
conduct the prosecutions, asked the
court for an order citing each OF
the defendants to appear here IN
court for arraignment, and the
order was made that they appear
on Saturday, June Is. at lOo'clock
a. m.
The court then called the prose
cutions attention to th. fact that
there were four other indictments
found AGAINST each of defendants,
and required action upon them.
counsel for the state said the other
indictments might be permitted
to stand as they are until the APP
pearance of the defendants under
the orders just made. The court
took a different view and said that
the grand jury found the indict-
ments some six weeks ago, and that
with the exception of the formal
arrest of the defendants last week
Wednesday, nothing had been
done in the way of prosecution.
That it was high time further
action was taken, and that the
court would order bench warrants
in each case to be made use of by
counsel when necessary.
The court then made the necessary
orders for bench warrants TO be
issued in each of the four cases and
fixed the bail at $4,000 in each case,
which brings up the aggregate
bond of each defendant to the sum
of S25, 900. Counsel then asked
that bench warrants issue at once
in all the 81
The court called the attention of
the district attorney to the fact that
on April 16, when the grand jury
filed its partial report, including
the indictments found, the district
attorney requested the court to not
dimiss the jury. but to excuse them
temporarily, as Mr.. Wicher, a men,
Der of the state banking board,
had informed him he would return
from the southern part of the state
in a short time, and would have
other things to submit to the jury.
That the court complied with the
request, but that up to the present
time no notice had been given the
court for calling the grand jury to-
gether again; that section 4l62 Of
the compiled laws of 1900 reads:
1.-THE grand jury on the completion
of the business before them shall be
discharged by the court, but
whether the business be completed
or not, they shall be discharged by
the final adjournments of the
Court" That Court having finally
adjourned for the term on last
Saturday, and this being the COM
mencement of the new term, the oil d
jury were discharged by operation
of law.
The District Attorney confirmed
the statement of the court as to Mr..
Witcher, etc.
The court the stated it would
call a new grand jury in 10 or IL,
days time, as it had information
of a serious character to present to
the body. Counsel for the state
suggested that the new grand jury
be not called until the defendants
in the case before the court had
appeared and taken action on the
indictments pending. The sug-
gestion was adopted.
The court addressed the attorney
for the receiver Of the Eureka
County Bank and expressed a
desire for a report of the affairs of
that institution. Attorney Hen
derson of Elko said the report was
being prepared and would be ready
after the 10th of the month, the
date when the time for p~resenta-
ton of claims would expire.
The motion to compel the re-
ceiver TO file a new bond, which
was partially argued some time ago,
come on for further argument.
The district attorney read n
telegram from the attorney general