The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-06-10

O.ChE d ouituf nAhc5sOu 5r'o
months ago at Reno on warrants sworn
out in Eureka, and who the officers OF
Eureka County are trying to bring here
for q hearing on the charges OF receiv-
ing deposits for the Eureka County
Bank after the bank was in an insol
rent condition, knowing is to be in an
insolvent csndition; asserting to the
receipts Of deposits after the bank was
in an insolyent condition. and subscrib-
ing to false papers to deceive the Bank
Examiner. has again frustrated their
efforts. On June 1, knowing that
Judge Moran was about to render his
opinion, and believing that it might be
adverse to him, Smith went to Carson
and sued out a writ in the Supreme
Court, after dismissing his petition in
the District Court in Reno.
The following reports Of the effort
of Mr.. Smith to prevent q decision in
the habeas corpus case that was pending
in Judge Moran's court at Reno are
taken from the Carson Appeal and
Reno Journal:
From the Carson Appeal Of June 3
This morning o. j. Smith and his at
torneys arrived in this city and i'm.
mediately proceeded to the Supreme
Court. 1t appears tina, Smith. who is
mixed up in the Eureka bank failure,
had a writ of habeas corpus issued from
the District Court Of Washoe County
some time ago.
Recently Smith. through his attor-
neys. asked that the writ be dismissed.
On the heels of this Judge Moran an
nounced that he would render his de-
cision in the matter to-day at 2 p. m.
In order to prevent Moran from taking
action and rendering his decision,
Smith aud his attorneys asked that the
Supreme Court issue q writ Of Alterna.
tive Prohibition, and thus prevent
Moran from giving his decision In the
matter before the Supreme Court could
render it's views on the matter. The
writ asked for was issued.
In order to head off Judge Moran il
was necessary to telegraph the writ to
Sheriff Ferret with instructions to
serve Immediately.
The reply came within an hour
that the writ had been served and that
he would refrain from future action.
From the Reno Journal Of June4
Another feature Of almost sensational
interest connected with the 0. j. Smith
habeas corpus case, set tongues s-wsg-
ging yesterday at 2 O'Clock when it de-
veloped that by reason of the prohibi.
ton of the Supreme Court Judge Moran
would not hand down his decision as he
had promised to do.
All signs pointed to the fact that
when the hour of Q o'clock arrived
Judge Moran would keep his promise
and announced purpose Of handing
down the decision. However, a few
moments before the appointed time.
Sheriff Ferret brought to Judge Moran
a telegram giving notice of the writ is
sued by the Court. SO that there was
nothing else to do at the time but obey.
When the time came, Judge Moran
announced that he had received a tele.
gram from Carson and that the decision
would not be handed down.
The district attorney Of Eureka
County and the sheriff were on hand to
hear the decision, but neither Smith nor
Judge Glynn, his counsel, appeared,
the latter apparently taking the posi-
tion that their dismissal filed June |
put an end to the ease in this Court.
After that the case which was pend.
ing before the Court when the hour
arrived, being that of the Trnckee
River General Electric Company against
d. O. Wheeler. Iuo.. proceeded.
The sequence of events as revealed BY
the recitals in the writ and other
sources. makes the matter exceedingly
Interesting. The writ is the alternative