The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1911-02-18
THE 0. ]. SMITH CASE
Attorney McPsrlin Re-
turns to Eureka and Reviews
Proceedings Held at Reno

turned by Tuesdays stage from Reno.
As most Of the readers Of the SENTINEL
take a deep interest in the effort being
made to bring the president of the de-
funct Eureka County Bank pack to
Eureka for q hearing on q charge of
felony, the SENTINEL has obtained from
Mr.. McParlin the following statement
of the case regarding the proceedings
recently held at Reno.
District Attorney McParEn's Statement
when I left Reno to be present at
the hearing Of the so called Smith Grit
I'm habeas corpus cases l did not expect
to be away more than q week. 1t
happened that l had to remain for four
weeks. as the cases took up more time
than expected. Usually suoh cases are
summary proceedings. and are heard in
a day. But, il now appears that these
were exceptional proceedings. both in
the time taken up and the scope OF the
inquiry. A discussion on the merits Of
the cases would be improper. inasmuch
as the courtroom is the place for such
discussion. 1t may suffice to say that
the Smith-G Griffin habeas corpus cases
shall be remembered as hard and stub
born contest. 1t began on the 14th day
of January and ended on the 10th day
Of February. and during that time at
least ten days were taken mp with ar
gument before the Court by counsel for
the respective parties. and the scope of
the inquiry included many questions of
criminal procedure. of the law of habeas
corpus. and Of a construction of the
constitution Of the State and of the
United States. A history of the FRO.
ceedings is as follows:
oscar j. Smith and W. Z. Griffin
were arrested by Sheriff Mahoney on the
18th day Of January. 1911, at Reno, on
two warrants issued by Justice of the
Peace l.. W. Cromer Of Eureka Town
ship. These warrants charged the
fe%lonious receipt of deposits in an in
solvent bank by the defendants. and the
felonious subscribing to false papers by
defendants with intent to deceive q
person authorized to examine into the
affairs Of a bank. Immediately after
arrest. the defendants filed petitions for
the writ Of habeas corpus in the DIS.
trict Court at Reno.
THE writ Of habeas corpus. as is
well known, means literally. You have
the body, and is the name given to a
variety of writs having for their object
the production Of q party before a cour
or judge. The return to such a writ is
u report to the court Of the cause OF de-
tention and kindred matters. The Court
issued the writ and the prisoners were
released on bail. A return to the writ
was ordered to be made on the Goth of
January following. On the Goth OF
January, another warrant was served
on the defendants, and they were re-
arrested for the crime of feloniously as.
senting to the reception of deposits in
an insolvent bank. Resort was again
had to habeas corpus. All Of the cases
were punched and set for hearing at the
same time.
Upon hearing argument Of counsel,
the Court determined that the returns
to the writ of habeas corpus. as pre-
pared by counsel for the Sheriff. were
not as complete and full as required by
the statute. inasmuch as the returns
did not set out the complaints on which
the warrants were issued. This is the
only point that stands decided in the
cases. This procedure was not follow
ed in this and other States, heretofore.
but, until otherwise decided. is the law.
The ruling worked no hardship. and
gave no substantial advantage to either
| side.
"The returns to the writs were at once
amended. The defendants asked for
aud secured time to except to the re-
turns. At the expiration of the time
granted, no exceptions to the returns
we're filed. The defendants asked for
and were granted time within which to
file traverses. or denials Of the matters
set out in the returns.
"The traverses were filed by the de-
PENDANTS at the time ordered. In these
traverses, the defendants alleged that
they were deprived of constitutional
rights. that the complaints did not al.
lege crimes under the laws of the State
and many other grounds for the release
of the defendants. But. because the de-
PENDANTS evidently sought to introduce
evidence at Reno, instead Of Eureka.
on such portions Of the elements going
to make mp the crimes alleged against
them. as they might select. the at.
torneys for the Sheriff moved to strike
from tho travarsac fhoaa ollaUations