The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-07-01


turn stated in substance that the court
had desisted from handing down its
completed opinion on the habess cor
pus case in the second district, rs or.
dered BY the Supreme Court. That IL
was the position Of the judge that the
proceedings in his court had not been
| dismissed, bot that as TO the question
| Of whether they were to be considered
still pending, or that they were super.
seded by the similar proceedings issued
out Of the Supreme Court, the judge
was willing to have determined BY the
Supreme Court.
Judge Brown made q presentation
| Of these points and after that was done
the court announced that nj order
would be made then. Judge Moran
spoke before the court briefly, stating
that be had come into court personally
as q formality but would leave the ar
gument Of the matter to Judge Brown.
Following this the Smith habeas cor
pus proper came up before the court.
This came up on the traverse Of the
applicant to the return Of the State on
the writ Of hsbeas corpus issued out OF
the Supreme Court some days ago.
The traverse was practically the same
as the same pleading that came up be-
fore Judge Moran, and it had the ef-
feet Of opening up the question Of law
that will be fought out to q fnality now
in the highest court.
That question. briefly, was whether
the court in passing on an application
for q writ Of habeas corpus had the
right and doty to inquire into the prob
ability Of truth Of the charges, or to
hear evidence rebutting that probability,
when the charge 10 made that the foun-
dation of the proceeding is false and
fraudulent.
In this case the procedure wa some.
what different from that in the district
court. In the latter case, which was
stopped just on the moment Of decision,
Judge Moran declined for the time being
to hear any evidence rebutting the af-
idavits on which the complaint was
issued. In this case. while not deciding
on the rule, or finally admitting the
evidence. the Supreme Court opened the
way for a full presentation of every
thing while ruling on nothing.
In support of his traverse, Judge
Glynn made the statement referred to.
In beginning his evidence Smith rose
and informed the court that he was
ready to present evidence. The first
witness. however, was named as Sheriff
Martin Mahoney of Eureka County,
and here an interesting disclosure
came.
II want to inform the court" said
Smith, speaking in his own behalf
shat when he was In Reno / served
upon Sheriff Mahoney a Subpoena call
ing on him to attend before the Su'
preme Court and give evidence. Ma
honey took the subpoena and latel
went back to Eureka" Shortly before
this hearing Mshoney notified Smith
that he would not be able to appear in
court unless his fees and expenses were
rendered. These, including mileage
would amount to $1I5. Mahoney
further stated, according to Smith
that he was unable to borrow thu
money to come to Carson, because ht
was financially embarrassed"
snow. your honors." said Smith t.
the court, "Mahoney might have com
here from Reno, bat be went back tc
Eureka" Since going back, Smith
said, there had been a calling out
between Sheriff Mahoney and Distric
Attorney McParlin. but he didn't know
what effect that would have. HI
further declared that he was financial
ly embarrassed" also, and did not hav'
the $ll5 to advance Mahoney in ordel
to permit him to be in attendance.
As to this, and whether there should
be any attachment issued for Mahoney
the court took no action, neither die
Smith ask the court for such an order
Instead he went on, after explaining
the absence of Mahoney. to detail som'
Of the things that Mahoney nigh
testify to.
Judge Glynn here arose and mad
some Of the remarks about what woul(
be told concerning Judge Breen's activ
tiles In connection with the prosecu
tion, making reference to the alleged
conspiracy On the part Of the officer
of Eureka County"
John J. Griffith, subpenaed by Smith
was the first witness sworn. He wal
at q time assistant to Spencer Rey
nolds, Receiver Of tie Eureka County
Bank, and he was u Of those who
made an affidavit charging Smith and
others With unlawful acts.
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