The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-07-01
SENSATIONAL PROCEEDINGS
IN SUPREME COURT
Conspiracy Charges Made Against
Eureka County officials By
Oscar Smiths Attorney

Court ~ OafsODs ana ~ times ouIins
the two days the matter was before the
court the proceedings were enlivened
BY sensational charges made BY OscaI
J. Smith and his attorney, James Glynn
Hafory of the Case
A brief history Of the case is Al
follows:
The Grand Jury Of Eureka County il
April, 1910, indicted Oscar j. Smith
W. Z Griffin and Bert L. Smith for re
ceiving deposits in the Eoreka County
Bank knowing said bank to be in solvent
The defendants brought habess corpus
proceedings in the Supreme Court and
were discharged from the Indictments
On January IA Of this year Smith and
Griffin were again arrested on war
rants from the Justice Court of Eureks
issued on three complaints. One o.
which charged them Of receiving de-
posits-another with asserting TO the
reception Of deposits. and the third
with having subscribed aud sworn to
false report as to the condition Of ths
Eureka County Bank. IL is alleged thai
the Sheriff of Eureka County made az
attempt to kidnap Smith aud Griffir
and remove them to Eureka County
but they having been tipped that the
Sheriff was coming. had babeas corpuI
papers ready and were released OF
habeas corpus by Judge Moran.
Mr.. Smith attacked the good faith o
the prosecution, alleged that the af
fdavits OF complaints on which the
warrants were issued were absolutely
false, that he had committed no Of
Tense, and il any offense had beer
| committed it had been committed il
| Washoe County and not in Eureks
County, as neither Mr.. Smith or Mr.
Griffin had been in Eureka for a long
time previous to the dates named IL
the complaints.
He also alleged that the bank wal
not insolvent at the time it was CLOSED
by order Of the State Banking Board
About three weeks ago, and befor'
Judge Moran had decided the cases
the proceedings before that Judge were
dismissed in the manner provided By
the statute for the dismissals of civil
action. After the cases were dismissed
Smith and Griffin were arrested il
Carson by order Of their bondsmeD
and thereafter brought habeas corpn
proceedings before the Supreme Cour
and were released by that court.
Upon being informed Of all thes'
proceedings Judge Moran announced il
open court that he would decide tn
cases anyway at Q p. m. Of the after
noon of the next day.
Glynn & Smith OF Reno. attorney
for Smith and Griffin. obtained a wri
of prohibition against Judge Moral
from the Supreme Court on the morn
ing of the day that Judge Moran was Il
decide the case. which writ was tele
graphed to Reno and served on JudgI
Moran.
Proceedings In the Supreme Court
The Reno Journal had a reporte
present during the hearing Of the Smith
Griffin habeas corpus case in the Su
preme Court, and the SENTINEL repro
duces from the Journal of June 80 ant
"a the following full report of the case
Charging that there was a continuing
conspiracy on foot with the purpose o
harassing his client and law partner
o. ]. Smith, who is resisting In the Su'
preme Court an effort to emove hin
for trial { o Eureka County, Judg
James Glynn yesterday opened a serie
OF Sensational moves In the final chspte
Of the long.drawn-out litigation.
"We challenge the good faith Of tn
prosecution in this case" said Judg
Glynn. 1--WE maintain that this entir
proceeding is nothing less than a con
spiracy among certain of the public Of
fcials Of Eureka County to harass sn'
prosecute as under the guise of law mp
on no foundation except q mass o
fslsity Incorporated into false and mis-
leading afidavits.
"We intend to prove onr contention
here and we expect the prosecution t.
come ont into the open and meet tn
issue. We will introduce testimon,
that Judge Breen himself in that dis
trict was openly prejudiced and public
ly make known his boast against thi
applicant. We will show that in
public place. before the %convening o
the Grand Jury. Judge Brsen bosste
of how he would charge the Gram
Jury and how he would get certain
persons, meaning this applicant"
The foregoing declarations. substanti
slly reproduced, came In the afternoo'