The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1910-06-11
DISTRICT COURT PROCEEDINGS
New Grand Jury to Be Called to
Investigate Additional Charges
Against Bank Officials

VI sionuay June ., the District COur
was vened for the Summer sessions
with Judge Peter Breen presiding.
The probate calendar was first called
aud disposed Of. There was no civil
business at issue, and the Court then
proceeded with the criminal calendar.
The first cases called were those OF
the State rs. Oscar J. Smith, Bert L.
Smith and w. Z. Grifiu, who were ar.
rested in Reno on May 25 under the
indictments known as the Eureka
County Bank indictments.
Attorney Charles B. Henderson of
Elko, who has been retained by the
county to conduct the prosecutions,
asked the Court for an order citing each
Of the defendants t. appear here in
court for arraignment, and the order
vas made that they appear on Sstur-
day. June Is, at 10 O'Clock a. IN.
The Court then called thu prosecu.
tons attention to the fact that there
were four other indictments found
and pending against each of the de-
PENDANTS, aud required action upon
them. Counsel for the State said the
other indictments might be permitted
to stand as they are until the appearance
Of the defendants under the orders jus,
made. The Court took a different view.
and said the Grand Jury fopnd the in.
dictments some six weeks ago. and that
with the exception OF the formal arrest
Of the defendants last Wednesday week.
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 against the
three defendants and fixed the bail in
$4,000 in each case, which brings up the
aggregate bond of each defendant to
the sum Of $25, 900. Counsel then ask
cd that bench warrants issue at once
ia all the cases.
New Grand Jury TO Be Called
The Court called the attention Of the
District Attorney to the fact that on
April 10, when the late Grand Jury
filed its partial report, including the
indictments found, the District Attorney
requested the Court to not dismiss the
jury, but to excuse them temporarily
as Mr.. Witcher. q member 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 re
quest, but that mp to the present time
no notice had been given the Court for
calling the Grand Jury together again.
hat section 4l62 of the Compiled Laws
OF 1900 reads: 1.-THE Grand Jury on the
COllR ~ VI VIZ ouoihCoo NN
shall be discharged by the Court, but
whether the business be completed OF
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 commencement OF the new
term, the old jury were discharged by
operation Of law.
The District Attorney confirmed the
statement OF the Court as TO Mr.. Witcherr
etc.
The Court then stated it would call
now Grand Jury in 10 or IL days time
as it had information Of a serious char
acter to present to that body. Counse
for tue State suggested that the new
| Grand Jury be not called until the de
| PENDANTS in the cases before the ConrI
had appeared and taken action on thu
indictments pending. The suggestion
was adopted.
Eureka County Bank Matters
The Court addressed the attorney foi
the Receiver Of the Eureka County
Bank and expressed a desire for a repor'
Of the affairs Of that Insulation. AT
torney Henderson Of Elko said the re
port was being prepared and would b.
ready after the 10th of the month, TN
date when the time for presentation o
claims would expire.
The motion to compel the Receiver u
die q new bond. which was PARTIAL!
argued some time ago. came on 10
further argument. The District Al
torney read a telegram from the Al
torney General giving 1t as his opinion
that the statute left it to the discretion
of the Court to say what the bond shoui
be, and that the bond as given was goo
If the Court accepted it. Mr.. Henderso
NH ka, addrasaad tha Court IN