Daily independent. [volume] (Elko, Nev.) 188?-1915, 1911-07-12
JUDGE BREEN ACCUSED
OF PACKING GRAND JURY

Souhty DanK was In custody of an
officer of the state police and was
being conveyed from Goldfield to
Reno, Oscar J. Smith also under
indictment. appeared before the
supreme court yesterday with a
habeas courpus application on his
behalf. The statements in the
application add another sensation
to the already sensational Develop
ments that have continued
practically uninterrupted since the
bank was closed in March, 1910 by
the banking board.
One county commissioner totally
and physically blind and Judge
Breen who is said to have been
also blinded hy passion and
perjud dice, are. declared 10 have
been solely instrumental in picking
the grand jury that indicted Han
| cock.
The supreme court heard the
application. issued the writ, fixed
bail and ordered the return in
Hancock's case made at the same
time as the others, July Is.
In the evening Chief of Police
Hi'lhouse received word to direct
the release of Hancock when he
arrived in Reno. bail having been
furnished and this was done.
The new allegations in tris ar-
plication show that the cases will
be fought all along the line from
the formation Of the grand ia y
down and that Judge Peter Brcen
or the district court of Eureka
county will be under the. fire of the
applications as to his attitude in
the prosecutions. Not even the
legality oi the state police is
conceded fully; the grand jury is
declared to be constituted con-
trary to law and the indictments
not made according to law; that
the method of selection was wrong
and that Judge Breen had an
| OVerweenlng influence all through
the case.
The application states that
Hancock was arrested by the so
called Nevada state police on
bench warrants following indict-
rents Of the Eureka county grand
jury" The date of the indi .tmcnt
is disclosed for the first time as
June 22, 1911.
Among the allegations is the
state ment that tie grand jury was
selected by one Peter Brcen, Judge,
and one Alex Fraser, who was and
is totally blind. and that the grand
jury was deliberately packed" by
Judge Breen for the purpose. #
is stated that the prosecution is
not fair and that the grand jury
was completely dominated by Judge
Brccn. In another part it is stated
that the prosecution is not made
in good faith and that it is gov
erncd by the "caprice, the pre-
JUDGES and ths perjudcies and the
passions of Judge Brcen."
A Eureka dispatch to the Gazette
says:
1t is quite generally rumored on
the streets here today that the
members OF the former banking
borad were concluded in the secret
indictments recently brought by the
grand jury in connection with the
Eureka County Bank failure. 1t is
stated, but entirely as an unvcri-
fled rnmor, that indictment X,
under which n warrants have as
yet been issued, included the board
members. Altogether there were
ten different indiments lettercd
from b to X inclusive. All but
X have been accounted for and
include the former officials of the
dcfunct bank. It is this latter
Indictment that is said to have in
1t the names of the backing board.
There have been some interest
ing rumors in connection with this
phase Of the case, but at present
Trey lack sufficient foundation to