The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-02-11
From the Reno Journal of February 5


The proposition made by James
Glynn. counsel for the applicant in
the o. ]. Smith habeas corpus case.
that evidence be taken to determine
matters Of jurisdiction, brought forth
a storm of protest yesterday morning
and afternoon when the traverse to
the return was filed. and all yesterday
afternoon counsel argued strenuously
on the questions involved. At the
close of the day Judge Glynn had not
completed his argument and the mat
ter continued until Monday morning
at 10 O'Clock.
The ruling Of the court in accordance
with the propositions outlined by Judge
Glynn would involve not only the pro-
duction of a great part of the evidence
which would ordinarily be presented on
a trial Of the merits but also the rails
ing and submission Of the point of the
constitutionality of the State Banking
Act. which has already received some
attention from the Supreme Court. 1t
was for these reasons that counsel for
Eureka County opposed with such
vigor the proposal.
Judge Glynn argued that one Of the
essential matters involved was the
jurisdiction of the courts in Eureka
County to try Smith; that the juris.
diction was not presumed or even con-
coded from the relation Of a sworn
complaint, but must be established to
the satisfaction of the Judge before
whom habeas corpus proceedings were
had. He said that one of the elements
affecting jurisdiction was whether an
offense could be stated under the law
and whether it appeared that any of
the elements OF the offense were lacking.
The State argued that counsel de-
manded in reality proof on the merits
and the establishment of the corpus
delicto before trial on the merits, and
that this in the expeditions conduct of
the administration of justice should
be done in Eureka County and not
here.
The main point in the matter is
that the counsel aud District Attorney
of Eureka want to have Smith brought
to Eureka County for trial, while the
applicant claims he cannot be legally
moved at this time.
From the Reno Gazette of February 6
The argument on the motion to strike
out portions of the traverse in the mat
ter of the application of Oscar ]. Smith
for a writ of habeas corpus occupied the
attention of Judge Moran's court all of
to-day.
Attorney Glynn, representing o. j..
Smith, first closed his argument and
then attorney Levers made the closing
argument for the Sheriff of Eureka
County who is here after o. ]. Smith.
desiring to take him back to Eureka
consented to the acceptance of deposits
by the Eureka County Bank knowing
the same to be in an insolvent% condition.
When Attorney LEVERS began to ar
que he first read an editorial from a
morning paper of Reno in which there
was q criticism of the o. j. Smith
habeas corpus case.
Attorney Levers severely arraigned
the publication and stated to the Judge
hat the article was apparently to
prejudice the court and was absolutely
unfair.
Following his discussion Of the article
mentioned he went into the statements
in the traverse to the return to the ap.
plication for a writ Of habeas corpus
and put mp q very strong argument.
The argument will be finished this
evening.
Article That Caused Above Comment
The following editorial in last Sun.
days Reno Journal is no doubt the one
referred to by Attorney LEVERS:
A great many persons chafe at the
laws delays and oriticise the slow and
deliberate methods in administering
justice, without knowing that it is
cssen through delay and care that the
rights of a free people are protected.
While the illustration need not be