The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-02-04

From the Reno Gazette of January 25
Oscar ]. Smith is In the District Court
before Judge Moran again to day fight
ing an attempt to take him to Eureka
County to stand preliminary hearing
on u charge Of having consented to the
acceptance OF deposits in the Eureka
County Bank when the same was in an
insolvent condition. He is being repre-
sented by Judge Glynn, and to-day be
is arguing a motion to quash the return
Of the Sheriff of Eureka County to his
petition for q writ of habeas corpus.
sued out when he was arrested by the
Sheriff Of Eureka County on January ID
Attorney Glynn this morning argued
that the return to the writ is not suf-
ficient as 1t does not state positively
that q crime was committed, and thas
it fails to state when the alleged crime
was committed. il one was committed.
He further states that the return is not
complete enough. He spent nearly two
hours arguing. and on this motion to
quash, and then Judge Brown. formerly
District Judge at Elko, took mp the
argument for the Sheriff. He argued
until the noon hour. This afternoon
Attorney LEVERS and the District At.
torney Of Eureka County will argue for
the Sheriff of Eureka County and Judge
Glynn will make his closing argument.
The matter will then be in Judge
Moran's hands to decide. II he sustains
the motion to quash. the Sheriff of Eu-
reka will have to make a new return.
and IL he denies the motion the matter
will be taken up on its merits.
From the Reno Gazette Of January 26
Oscar ]. Smith, who is fighting an
attempt of the Sheriff and District AT.
torney Of Eureka County to take him to
Eureka for a preliminary examination
on charges Of having consented to the
receiving of deposits by the Eureka
County Bank when the same was in an
insolvent condition. won another victory
against the officers Of Eureka County
this morning. He won his first battle
in the Supreme Court when the Supreme
Court on q writ Of habeas corpus hear.
ing declared the indictments returned
against him void. This time he won
out by having an objection to the re-
turn made to his petition for writ of
habeas corpus sustained in Judge
Moran's court. Now the Sheriff OF
Eureka COUNTY. who has been here since
early in January. patiently waiting for
the court to turn Smith over to him, has
until tomorrow morning at 10 O'Clock
to make another return to the petition
and then Oscar ]. Smith and his At
torney James Glynn. will be given ad-
ditional time to file traverse to the re-
turn or an objection to the same as they
did to the last return.
Attorneys Levers. Brown and Nc
Parlin. representing Eureka County.
claim that the actions OF Glynn and
Smith are dilatory. but they only want
the attorneys for the Sheriff of Eureka
County to appear in court legally. and
that they will then fight the matter out
on its merits. This morning. after the
ruling Of the court, Attorney Levers
wanted the court to allow himself and
associates until O'Clock this afternoon
to file returns and to allow Smith and
his attorney until tomorrow morning
at 10 o clock to file a traverse. To this
Attorney Glynn objected and the court
ordered that Attorneys Levers, Nc.
Parlin aud Brown be given until to.
morrow morning at 10 o'clock to file re.
turns aud at that time he will take up
the matter of allowing Smith and his
attorney time to file a traverse.
When the Sheriff OF Eureka County
came to Reno he had three warrants
for the arrest of Smith. and two of
them were served. Smith sued out q
petition for a writ Of habeas corpus on
these arrests and later he was arrested
on the third warrant. He also petit
toned for q writ in that arrest, and
now the attorneys representing the
Sheriff Of Eureka County are attempt
ing to have the petitions heard while
he is fighting them off by objections to
their returns. The case is attracting
much attention and daily the court
room is filled with interested spectators.
Attorneys Pass a PeWR6markS