The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-07-15
ACCUSATIONS AGAINST
EUREKA COUNTY OFFICIALS
Sensational Petition For Writ OF
Habeas Corpus Filed on Be-
half of John Hancock
From the Reno Journal of July IL

Acting unuer the luIOt mdtiOu tuos
John Hancock. a former director Of the
defunct Eureka County Bank, was in
custody of an officer OF the State Police
and was being conveyed from Gold6eld
to Reno on train %, Oscar J. Smith.
also under indictment, appeared before
the Supreme Court yesterday with a
habeas corpus application on his behalf.
The statements in the application add
another sensation to the already sem
sational developments that have con-
tinued practically uninterrupted since
the bank was closed in March, 1910, by
the banking board.
One County Commissioner totally
and ply sically blind, and Judge Breen,
who is said to have been also blinded
by passion aud prejudice. are declared
to have been solely instrumental in
picking the grand jury that indicted
Hancock.
The Supreme Court heard the appli-
cation. issued the writ, fixed bail and
ordered the return in Hancock's case
made at the same time as the others,
July Is.
In the evening Chief of Police Hill
house received word to direct the re
lease of Hancock when be arrived in
Reno. bail having been furnished, and
this was done. Hancock proceeded
with the officer from the train to q
local restaurant where both had some
thing to eat, aud her each went his
way.
The new allegations in this applica-
ton show that the cases will be fought
all along the line from the formation Of
the grand jury down. and that Judge
Peter Breen of the District Court in
Eureka County will be under the fire of
the applicants as to his attitude in the
prosecutions. Not aver the legality Of
the State Police is conceded fully; the
grand jury is declared to be constituted
contrary to law and the indictments not
made according to law that the method
of selection was wrong and that Judge
Breen had an overweening influence
all through the case.
The application states that Hancock
was arrested by the "so-called Nevada
State Police on bench warrants follow
ing indictments of the Eureka County
grand jury" The date of the indict-
ments is disclosed for the first time as
June 90, 1911.
Among the allegations is the state
ment that the grand jury was selected
by one Peter Breen, judge, and one
Alex Fraser, who was and is totally
blind. and that the grand jury was "de.
hberately packed" by Judge Breen for
the purpose. II is stated that the prose-
cution is not fair and that the grand
jury was completely dominated by
Judge Breen. Ia another part it is
stated that the prosecution is not made
in good faith aud that 1t is governed by
the "caprice, the prejudices and the
passions OF Judge Breen."
The text of the application follows:
Petition For Writ
In the Supreme Court of the State Of
plication Of John Hancock, for q writ
of habeas corpus.
To the Honorable Justice of the Su-
preme Court of the State of Nevada.
The petition of John Hancock respect
fully shows that he is q citizen Of the
United States and of the State of Ne
vada, and that he is unlawfully I'M
prisoned. detained, confined and re-
strained Of his liberty by J.. P. Donnel.
ly, who is the captain or superinten.
dent Of the 50 called Nevada State
Police. or by some other person or per-
sons, or members of said Nevada State
Police. acting under said ]. p. Donnel.
ly. in the State Of Nevada.
That said imprisonment, detention,
confinement and restraint are illegal
and that the illegally thereof consists
in this. to-wit:
That petitioner has been arrested
and is now held in custody under and
by virtue of certain pretended bench
warrants issued ont of the Third Judi
cial District Court of the State of Me-
vada. in and for Eureka County, upon
pretended indictments returned by q
pretended grand Jury on or about
June 20. 1911, that said pretended
grand jury was not selected in the
manner prescribed by lawi that said
pretended grand jury was not a legally
constituted grand jury, and was with
ont power or jurisdiction to find said
pretended indictments. or any indict-
ments; that petitioner Is Informed
and believes and upon said information
and belief alleges the fact TO be that
said pretended grand jury was selected
by one Peter Breen, who is the District