The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-09-16

German. the State making a point of
their refusal. aud o. J. Smith was
sworn. Smith also testified to his alb
sence on the dates named in the nine
indictments. and further that another
defendant was in Repo on August 10,
1909, and had been in Rhyolits prior to
that. An offer OF stenographer's notes
of testimony of w. E. Griffin was de-
MED. Recess was taken from ii 45 to
:15.
Judge Breen Called
AT the time of the recess the peti.
tioners practically declared they were
done and it looked for time as though
arguments would come. The State
was plainly surprised. and not until
afternoon was it apparent that Judge
Breeu would be called to testify.
In the afternoon Judge Brown. who
did the heavy lifting on the States
side. stated that he would call Judge
Breen to repel the evil things said about
him in the Florio affidavit, and on
being called Judge Breen began an
address to the court which promised to
be long drawn out, until Judge Brown
interrupted him with question
From that time. partly by the initiative
of the witness and partly by questions
from the attorney. the story was told
that revealed q lot of the heretofore un-
written history of the proceedings fol.
low ing the bank failure, and especially
the part political auimosity had to do
with the matter.
Judge Breen said he was District
Judge in Eureka and Lander County
and had been so nearly nine years.
Before that for 12 years he was District
Attorney in Eureka County. Then he
gave his version of the Brown hotel
| incident.
The Hotel Incident
Judge Breen said that he was in the
Brown hotel. but was not sure it vas
+ Eister Sunday, and he made some re.
marks. A. @. Florio was present. but
there was no conversation aimed at him.
The judge was discussing "Dickerson,
former acting Governor. and In reply
to a remark, Florio asked If the remarks
were directed at him. Judge Breen
replied that it was not but it referred to
others. 1t referred to Dickerson and
the conduct of the Eureka County
Bank. Judge Breen said something
about the opposition to him since the
bank was closed. Judge Breen said that
there was an effort made by Dickerson
and request sent to the judge through
the late Bank Examiner, MIR Van Fleet,
TO appoint Q. II. German receiver of the
Eureka County Bank. He made an ef-
fort to comply with the request, (which
later turned out to be command"
81 was inclined to appoint German, :"
testified Judge Breen, "for he had been
familiar with the banks affairs. So
strong was my inclination that l re.
quesed German. through Mr.. Van
Feet, to get petition favoring his
selection.
"The closing of this bank was the
first business of this kind had expert
enced in my judicial career aud had
not examined the law, but later found
that it was not proper to appoint Cor
man.
Behind Courts Back
f" The petition was filed with me on
March 20. 1909. Ga March 2S learned
from Mr.. Van Fleets testimony that the
bank had been insolvent for ten mouths
before it was closed. concluded that
If that were the case German could not
have helped knowing it, aud that it
would be little less than criminal TO ap-
point him.
"Ever since that time there was and
is coterie. not large but very insulting,
which has continued to vilify me and
hamper me in the discharge OF my du-
ties by false statements and insinua-
tions. but always behind my back.
This outfit became very noisy and
bitter, making threats and insulting me
behind my back.
81 did say ! would bring those scoun-
drels before my grand jury. but that
was not directed against the Smiths.
Smith had been away a year and a half;
nor Griffin, who, l believe. had been
away, nor Golding nor Hancock un-
derstlnd the proprieties and l never re-
ferred to the petitioners.
Forgot About Ii
81 did say. 1 know the individuals
who are standing up for Dickerson in
this town well and those who have
been hampering me in the performance
of my duties, but will bring that be-
fore the very next grand jury
| ..I said that but didn't do il at the