The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1910-04-16

ally. II IL has not been transferred IL
is their property and l want to hold IL
under the attachment.
@. l think the Receiver Is willing to
ask the Court to grant an order to sell
stock to you on the understanding that
the attachment be released.
A. / will release the attachment so
far as this stock is concerned.
@. How much Of the other stock Is
there.
A. There could be 30 shares-10 to
B. L. Smith, 10 shares o. J. Smith, and
10 shares NJ. ID. Smith stock.
Mr.. Witcher - AS to the testimony /
gave. / gave il with the understanding
that the attachment was to be released.
Ii it is not to be released. / would like
to qualify my statement.
Mr.. Henderson = As attorney for the
Receiver it is my duty to look out for
the best interests of the depositors; we
entered this agreement with the under
standing that the attachment would be
released and that he should take 455
shares.
Mr.. Gedney i will release the at.
tachment on this bank.
The Cours-In..the agreement between
Mr.. Gedney and the Receiver it should
be inserted, the fact that the attachment
will be released.
Mr.. Gedney-l will write it in.
Mr.. Henderson-That the attachment
will be released Immediately upon Mr..
Gedney's reaching Elko.
The Court-You examine my inter-
lineation and see if it is satisfactory to
you. ar. Receiver.
Mr.. Reynolds dent see any OBJ
lection to that, your Honor.
Mr.. Henderson-Mr. Gedney, in your
opinion, the par value OF this stock after
the assessment has been levied, and be-
fore it is collected, would be $50 per
share, would it not
A. What is that question
Question ready
A. Yes, sir.
That is all.
The Court-Upon the evidence intro
duced / deem it to be to the best inter-
ests of the depositors of the Eureka
County Bank that the petition be
granted.
Grand Jury Makes Report
Saturday afternoon at AS o'clock
the Grand Jury filed into court. and on
being called by the Clerk all answered
to their names. Thereupon the Judge
asked the foreman il the Grand Jury
had any report to make. The foreman
answered yes, and handed to the Court
certain reports. T%hereupon the Court
ordered the Clerk to file each and all Of
said reports and findings. and made the
following order:
1T is ordered that the Clerk issue all
necessary bench warrants OF the APP
p~lication of the District Attorney for
the arrest of each and all persons men
toned in certain findings of the Grand
Jury filed in Court this day"
The District Attorney arose and asked
that the Grand Jury be not discharged
at this time, because he believed that
there are other matters which should
be called to the Grand Jury's attention.
and also stated that he would not ask
for bench warrants to be issued at this
time.
T%hereupon the Court said. ''that it
was unusual to postpone the issuance
of bench warrants for an indefinite
period. However, the statute devolves
On the District Attorney the duty Of
conducting any and all prosecutions
which may be necessary by reason OF
the action Of a Grand Jury. The Dis
trict or Prosecuting Attorney is sup
posed to be familiar with the details and
requirements of each case ia his keeping
and TO know the proper course to pur-
sue in the interest of justice and the
enforcement of the law. The Court has
no right to dictate nor eve to suggest
the proper action to take in such mat
ters, and it is not going to do so; but
the Court wants it to be understood and
to be made of record, that neither the
Judge nor the Court shall be held re.
sponsible for any course Of action which
may be pursued by the District At
torney of Eureka County in the dis.
charge of his official duty in relation to
the matters and things at present be-
fore u.s."
The Court then excused the Grand
Jury subject to the call Of the foreman
thereof, or the order of the Court.
As will be seen by the above proceed
ings, indictments have been found by
the Grand Jury, but as the District At
torney has asked that no bench warrants