The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-01-28
SMITH IS STILL RESISTING
Making Hard Fight in Reno Court
Against Appearing in Eureka
For Hearing

Martin Mahoney to bring Oscar j..
Smith, president Of the Eureka County
Bank, to Eureka for q hearing ON the
felony complaints recently sworn u
in the Justice Court here by Angelo
Florio, August Hinizs and J. ]. Griffith.
is meeting with strenuous opposition
from Smith.
When Smith was arrested at Reno on
January IA he succeeded in preventing
Sheriff Mahoney from Immediately
bringing him to Eureka by getting out
a writ Of habsas corpus in the District
Court there. and Judge Moran set the
hearing Of the writ for January 81.
On receipt of the news Of this proceed.
ing District Attorney McParlin left for
Reno to oppose the writ and was
present when the case came up for hear
ing. At this hearing Smith asked that
Judge Glynn be added as his associate
counsel. and the latter's request for a
continuance to prepare himself in the
case was granted, Judge Moran con.
tinuing the hearing to January 20. AS
District Attorney McParlin ~telegraphed
here Thursday for certified copies Of the
complaints, another continuance of the
case was no doubt found necessary.
The certified copies of the complaints
were prepared and forwarded by Fri.
days mail. but as they are not due to
arrive in Reno before Sunday, the
further hearing Of the case will prob
ably not come up before mex Monday.
In view Of the showing made by
President o. J. Smith and his connec
ton with the failure of the Eureka
County Bank. and the recent decision
of the Nevada Supreme Court in re-
leasing him from the felony indictment
for allowing the bank to continue re-
ceiving deposits after the bank was
known to be insolvent, on the grounds
that the indictment did not show he
had power to close the.bank, the present
effort being made by depositors Of the
defunct bank to bring Smith into our
aud make him show that he is not
guilty of misappropriating the money
Of the depositors is being watched with
renewed interest, not only by the people
Of Eureka County. but throughout the
State.
The papers at Reno in their reports Of
the present habeas corpus proceedings
are covering the case fully, and as the
matter is Of so much Importance to the
readers Of the SENTINEL, we copy the
following reports Of the case:
From Reno Gazette Of January q
A motion to quash the petition Of o
J. Smith for a writ of habeas corpus
which was filed a week g to-day.
when Smith was arrested in this city
by the Sheriff of Eureka County on a
charge Of co~nsenting to the accepting Of
deposits by the Eureka County Bank,
when the same was in an insolvent con-
dition, was yesterday filed in the Dis
trict Court and to day the attorneys
who filed the motion for Eureka Coun-
ty appeared in court to argue it. Dis
trict Attorney McParlip, Judge George
s. Brown aud Attorney Charles Levers
appeared this morning for the county
of Eureka, and o. j. Smith appeared
for himself. He pleaded for time to
face the motion to quash and was given
until 1880 o'clock this afternoon, at
which time he returned into court and
asked that Attorney James Gil, M be
entered as an associate counsel. At
torney Glynn then asked that he be
given five days to prepare to answer the
motion to quash. aud his motion was
opposed by all three counsel for the
county Of Eureka. All three of these
attorneys talked at length and strongly
opposed further delay. but finally Judge
Glynn prevailed and o. j. Smith and
Glynn were given until next Wednes-
day morning to answer the motion to
quash. Returns on the original petit.
tons for writs Of habeas corpus were
then filed by Attorneys LEVERS. Brown
and McParlin. and the court gave Smith
until Tuesday afternoon to file a ira
verse to these returns.
Smith Arrested Again
Yesterday the Sheriff Of Eureka
County arrested Smith on a third war
rant aud late yesterday afternoon Smith
filed another petition for a writ of
habeas corpus. This writ will be
taken up Wednesday With the other
matter.
At the present time the county OF
Eureka has its District Attorney. its
Sheriff aud a Deputy Sheriff here after
Smith, but still he is resisting them.
He is out on bail and nothing more eau
now be done until next Wednesday.
From the Reno Journal of January %.
That habeas corpus is one of The hand.