The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-09-16
Eureka County Bank Testimony
In He Nevada Supreme Court
Law Justice and Politics Very Much Mixed at Carson
and the Court Will Now Ponder Over the concoction
Before Rendering Decision

lin OF Eureka and, later in the day. Al.
'orney CHARLES X. Levers, who came
Into court with Charles Henderson. his
partner, and threw himself into the
scales OF justice like Brennus with his
cutlery. Sheriff Regan, who is bailiff
OF the court, altered his usual custom
and sat among the parties, moved ap.
parently by consideration of a clash
other than Of words between the embat i.
tied lawyers.
Everything for Peace
The preliminaries were DISPOSED of
without much fencing. A motion to
strike out part of the document pre-.
sented by the applicants was granted
for the time being. subject to excep.
tions and later ruling, and this pro.
visional method. begun at a former
hearing, was adhered to. This was to
admit everything for the sake Of peace
and expedition and to thresh out gen.
eral and special objections later. After
nve minutes recess on this point
Chief Justice Sweeney made the ruling
and declared it to conform to the policy
oil the court. The policy was, accord.
ing to the chief justice. never to act
hastily or to go off at half-cock 1t was
more convenient for the witnesses and
obyiated the delays incident to formu.
lating aud recording specific objections
aud disposing OF them at once.
0 j. Smith, the principal petitioner,
opened the battle by requesting that
the briefs filed at the former proceed
ing apply to this. The State then
served him with corrected copies of the
indictments and the game proceeded.
Question of Bias
Judge Glynn then opened with a
brief statement that he proposed to show
that Judge Breen was biased and that
Alex Fraser was unqualified to select
grand jurors. and that the indictments
were void
Judge Brown protested against col.
lateral attack on the indictments aud
protested that it was scandalous to drag
the good name Of the court before the
upper tribunal and compel its officers to
come aud clear their names from the
aspersioDs. The court ruled that the
evidence might proceed subject to ob-
lection and testimony was forthcoming.
The first batch Of documentary evi-
dence contained at least one bombshell
Of sensation, and after that the sensa-
tions came from the oral testimony OF
the witnesses. principally Judge Breen
on direct aud cross examination.
In turn were introduced the order OF
Judge Breen appointing himself and
Alex Fraser to select grand jury; the
minutes of the grand jury Of June IA.
1911; the affidavits of J. B. Biale, Chair
man OF the Board of County Commits
siouers of Eureka County; the list of
grand jurors selected and the affidavit
Of A. @. Florio as to what Judge Breen
said in the Brown hotel on the peaceful
Easter Sunday Of April 16. 1911.
Some Warn, Testimony
Com missioner Biale's affidavit said
that it was the custom to notify the
chairman when jury was to be
drawn, aud he was not notified. The
preceding affidavits were without sem
sation. but the last one was somewhat
caloric.
Florio, it is said. was the man who
subscribed to the first charges against
the bank people. which were subse-
queutly defeated by the decision OF
the Supreme Court. This time his
testimony was more in favor of the
bankers.
The affidavit said that on Easter
Sunday at the Brown hotel. Judge
Breen said in a loud tone, wait till
get my grand jury aud l viii make
some of those hounds sweat, or words
to that effect. Affiant inquired whom
,Judge Breen referred to and was told
that the petitioners were referred to.
Asked About Securities
@. II. German was the first witness
sworn by the petitioner and testified 70
filling out blanks stating the condition
of the bank in 1909. which blanks were
sent to the Banking Board and sum
mary published in the Eureka SENTINEL.
He said that when he did not know
the value of certain securities he obtii
ed the data from O. J. Smith. Another
set of blanks was furnished on January
10, 1910.
German said he was in Eureka and In
the bank July 81, 1909. but that on var
ious dates mentioned in nine indict-
ments o. ]. Smith was not in the bank
and was not in Eureka. Another defend