The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-01-28
ARRESTED ON PERJURY CHARGE
Evidence Introduced in Recent
Proceedings in Eureka District
Court May Prove Serious

NJ. @. Scully. general manager of the
Kimberly Mines Company of Lander
County was arrested in Reno on Jan.
! 20 by a Battle Mountain Constable on a
charge Of perjury made in a case recent
ly before the District Court in Eureka.
In q dispute that arose over a con-
tract for the sale of stock in the Kim
berry Mines Company Of Kimberly,
Lander County, between the mining
company and Respess 81 Co. of Chicago.
the latter applied for and was granted
a receiver as against the mining com
pany. This matter came up before
Judge Breen in the District Court in
Eureka last November. On December
10 the case was again brought up on a
by the District Court appointing a re-
ceiver. After the oral arguments had
been heard the Court asked that briefs
be submitted and took the case under
advisement. An aft iavit by Mr..
Scully denying his signature to a type
written letter that was introduced in
jury charge to be made.
The following account of Mr.. Scully's
arrest at Reno and his statement re.
garding the case is taken from the
Reno Journal:
Scuuy's Sensational Arresf At Reno
Upon a complaint for perjury sworn
to by ]. A. Hash, constable of Battle
Mountain, before a Justice of the peace,
returnable to Battle Mountain, M. @.
Scully. a mining operator formerly of
Goldfield but now of Kimberly, was ar
rested last night as he was coming out
Of a local theater by Constable Hash
aud Chief OF Police A. A. Burke of this
city.
The prisoner was Immediately taken
10 the station, where it was learned
that No. a had just pulled out. An
automobile vas obtained and the Bat
tie Mountain constable with Scully I'M
der arrest was whirled at break neck
speed to Sparks. where the train was
waiting for the Overland to pass.
The warrant was made returnable be.
fore Justice of the Peace E. T. George
at Battle Mountain in Lander County.
1t is believed that the perjury com
plant grew out of a suit at law brought
by r. B. Respess against NJ. @. Scully
in Austin, Lander County, Judge Breen
presiding. This suit was on a partner
ship deal affecting the Kimberly proper
ties in which a receiver for Mr.. Scully
was appointed early in November.
Later in December. last year, Mr..
Scully made a motion to remove the
receiver aud sffidavits from Scully and
others were presented to the court.
1t appears that the time for which an
option was to run was one of the main
features of the case, and it is upon the
question of swearing as to the length of
time this option was to run that the
perjury complaint is probably based.
Some interesting developments are
expected and the name in which the
arrests was made, the rushing of Scully
out on the first train in charge OF the
Lander County off ser. the mystery sur
rounding the affair gives to the case the
appearance of something formidable
looming up.
Scully has been well known in mining
operations in this State.
Mr. Scuuy Issues Statement
Battle Mountain. Nevada, Jan. al
M. G. Scully, who was arrested in Reno
last evening on a warrant charging him
with perjury. arrived here this morn
ing il charge of Constable J. A. Hash.
Mr.. Scully is General Manager of the
Kimberly Consolidated Mining & Mill
ing Company of Kimberly, Nevada.
Scully gave bond in the sum of $1,000
before Justice E. T. George. who set
the case for trial February IA.
The attorney retained by Mr.. Scully
this evening gave out the following
statement for the Journal:
"The trouble between Mr.. Scully and
Mr.. Respess arose over the construc-
ton by the District Court in Lander
County of a certain contract which
Respess claimed created a partnership
relation.
'In order to bolster up Respess' po-
sition be introduced into the case a
letter purporting to have been written
by Mr.. Scully.
This letter was denied as having
been typewritten at Mr.. Scully's re.
quest and in an affidavit he pronounced
it a forgery of his signature.