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Vol. IV. Fort Benton, Montana, Wednesday, April 23, 1884. No. 26. . . . - - _ - - . s -- _J " . - 7. . . . . . .. . . . . . . .. Judge Wade's Uharge to the G4rand Jury. In submitting the report of Messrs. m1ýi jntire and Maclay to the grand jury Judge Wade said: At the last term of court under a pro .i."ion of the statute requiring it, the gr;nd jury was instructed to give the administration of the public affairs of the county a thorough examination, with a view of ascertaining if there was any corruption or fraudulent practices among the officers of the county. Un (leitaking this task the grand jury found, in consequence of their limnited time and the inconvenience of making ,uwh examination by so large a body of n.ise, that it was impossible to give the ma1tter such attention as the gravity of the situation demanded, and therefore a±4 cd that Messrs. McIntire and Maclay b,c ;tlj)oinited to make the examination, a111 present their report to the next gra::l jury. The court acting upon this suggestion made the appointment, and I am now about to rresent their report to you for your examination and action. T'lhe reason why the court at the last term, ad why at this term I insist u!,,on a thorough and searching examin atiinv into the adinistration of the 1ulIlic affairs of this county, is that I have been informed by some of the best citizens of the county-and the matter has been repeated over and over again to foie in different quarters and by indi viduals widely separated-that a corrupt ring of officials at the county seat were robbing the county and the people of their hard earned money paid as taxes; that a large amount in fines had been collected and not accounted for; that large estates had passed into the hands of the public administrator and probate judge, and that no amounts had been rendered; that persons had been arrest ed on trumped up charges, and held for long periods in jail merely to give the sheriff' the privilege of boarding them at a very high price; that mileage had been charged and paid for by the county in criminal cases that had not been earned, besides divers other charges of corrupt practices. Under these circum stances I had but one duty to perform, which was to require a careful and dis passionate investigation. This was due alike to the people and to the officers whose official conduct was called into question. Such ain investigation has 1 taken plae4 by two iiitelligent and sober minded men. Their report shows an imnense amount of labor and pains taking care, and I cannot speak too highly of their efforts to present the affairs of the county in an intelligent manner, and of their success in bringing t Iln1'r iit of utC Trin nr rhenr I was astonished to see by the report that one of the officers refused to permit this conmiittee to examine one of his records. This was a high-handed per formance, the effect of which was to create a suspicion that the record con tained something that could not stand the light of day. This was a short sighted ill-judged act, and very likely creates a suspicion where none is justifi ed, but you must know, gentlemen, that there are no sacred records in this coun ty that cannot be examined by a grand jury. It is a part of your duty to exam ine all the records of the county, and so you will take possession of this one, and and of all others, by the aid of the re port, and all other information that you can obtain, make your investigations. I do not say or intimate that the dis closures contained in this report would require or justify an indictment, but it is due to the people that you make a re port of your findings in the matter, and that you inform them how their money is being spent by their servants. Now one word as to the general duties of officers. In a government like ours a governmeni by the people and for the people,-the officers are mere servants and agents to do and perform such acts, and only such acts, as the law specific ally authorizes and requires. If an officer by a hair's breadth oversteps or departs from the pathway the law has marked out and defined, his acts are void and of no effect. Sometimes offi cers think after they have been in office for a while, that they own the office, and that it was created for their special benefit, and that they have arbitrary power. Such feeling and such acts always betray a narrow small mind, and will never be tamely submitted to by the free people of this country, and especially do the people of this great free west despise the man who is so small in intellect as to be puffed up with importance because he happens for a brief period to occupy the nosition of a public servant. It is no more honorable to be an officer than to engage in any other honorable occupation. The man is the jewel if he is honest, whether he works in some public office or on his farm. One other word as to the matter of allowing claims against the county. This is where the great leakage occurs, and this is the channel through which the people's money is squandered. Be fore a claim can be allowed against th county it must be such a claim as authorized by the law, and it mu be presented in the manner requir by law. The commissioners have no authorit whatever to allow any claim against t county except it be especially authorize by law, and presented and authenticate in the manner directed by the statute and if any 6ther claims are allowed, o in any other manner, it is mere robbery of the county, and the commissioners and their bondsmen would be civilly liable to the county for such claim so presented and allowed. If any cla!i is allowed by the com missioners which is not authorized by law, or is presented in a maitier rot au thorized, it is the right of any tax payer to appear before the commissioners at the time such claim is allowed and ap peal from such allowance to the district * court. This is one of the protections y against the allowance of unlawful claims, and the people ought to under stand that they have this right. What would you think of me if I should ad mit a person to citizenship before he had declared his intention, or should do any other act not authorized by the law? I could not sit on this bench one moment after it was known that I was a judge that did not regard the law. And what would you think of commissioners who were so reckless and careless in the dis charge of their duties as to allow claims f against the county without first being authenticated by the oath of the claini f ant, when such authentication is posi tively required as a condition precedent to the allowance of any claim? Is it so small a matter that the people's money may be expended without taking the trouble to go through the mere forms of the law? There will be plenty of claim ants when their claims are required to be authenticated by their oaths. Official integrity and a high sense of official responsibility is the guardian of the people's rights, and of the people's money. If officers lack such integrity and responsibility they must be educated up to it by some process, and if they are not capable of such education, then the people must rise in their dignity and elect other servants who will conscien tiously perform their duties. I must call your attention to one other matter. I have been informed by very many careful, well-informed men that this is a packed grand jury, drawn by the commissioners at the dictation of the Benton ring to prevent any indictment for official misconduct or corruption. If 4 I had a suspicion that this was true I would discharge you at once and select another grand jury, as the law gives me the power and authority to do. But I do not believe these imputations, You i have taken an oath to present no one through hatred, malice or ill-will, and that you will leave no one unpresented through fear, favor or affection, or for any reward or hope or promise thereof, c and I do not believe for a moment that you will perjure yourselves for the bene fit of any person or persons. You look to me like intelligent, fair-minded men, I and I b-hal not believe to the contrary until forced to, In saying this I am not saying or in timating that you ought to find any in dictments, but I do say that you ought 3 honestly and patiently to investigate the t affairs of your county, by the aid of the s report which I shall submit to you, and that you will arrive at such conclusions as the evidence before you warrants and a requires. t I have no interest in this matter other 2 than to do my duty to the people of this county. I do owe them a duty, and that is to see to it that their county is not l bankrupted by dishonest officials, and I in doing this duty I know I shall be ably aided by Col Johnston, who prose cutes for the people. He and I have had some experience in this sort of bus- e iness, and neither of us will hesitate or I falter a moment in doing our whole duty to this people. The county indebtedness is increasing year by year, and what is there to show ' for it? If you find nothing to warrant J or justify any indictments iD the matter now submitted to you, still you must make to the court such a report as will show how the money of the people has been expended and the manner in which t the business of the county is being and has been transacted. Primary Election. Quite a number of republicans attend ed the primary meeting at the city hall Saturday night to select fifteen delegates to the convention to be held next Satur day evening. Jere Sullivan was selected as chair man and H. B. Hill secretary. Following are the delegates and alter nates selected: Delegates-F. C. Roosevelt, M. C. Travers, W. J. Minar, Max Waterman, J. L, Stuart, T. A. Cummings, Chas. L. Spencer, M. J. Leaming, Frank Coombs, H. P. Rolfe, Winm. Glassman, Jere Sulli van, H. B. Hill, A. C. Johnson, and H. G. McIntire. Alternates-S. L. Kelly, H. T. Pascoe, M. J. Keith, Chas. Rowe, J. R. Wilton, F. Lepper, A. B. Keeler, L. H. Rosen crans, Sam Kohlberg, Geo. R. Choate, C. M. Lanning, H. J. Wackerlin, C. B. Fowler, M. A. Flanagan, and E. R. Clingan. There being no further business, on motion the meeting adjourned. he Boom. Mr. Allen with a force of men is busi ly engaged these days getting the boom in readiness for the forthcoming timber drive, He is constructing anew the sheer boom and will make it a eomplete affair. Needed repairs on the cateh boom are also going on, and in a few weeks more everything will be in readi ness to receive and save the three mil lion feet of timber to be brought down the river. Meemrs. Ira Myers and E. G aray re giving the work a good deal of personal atten..i, and lf the enter p rise is 'iot a complete success it will n ie thir drive will 'm a mattr 4ofreat moment t `Feort . It ifl i r .o only chea p fa bt theap ig er, with out whie 'he town :canI make raj$ iI~~·[l~ ~ i HON. MORRISON It. WAITE, Chief-Justice of the United States. Morrison R. Waite presents a subject for a more extended biography than our space will permit. Fulsome eulogy would be unworthy the character and office of the chief justice. On the other hand the record of such a life belongs to the public he has served and is still serving with so much ability. In the quiet old rural town of Lyme, Connecticut, still stands the house in which Morri-on Renwick White was born, November 29, 1816 Mr. Waite entered Yale college at the age of seven teen and graduated with honor in 1837 in a class which included William M. Evarts, Edward Pierrepont, Prof. Silli man, and others who have; become dis tinguished men. He then began the study of law in his father's office in Lyme, but finished his studies in the office of Samuel M. Young, then a pro minent attorney in Maumee City, Ohio. In 1839 his preceptor took him into partnership, and in 1850 the firm of Young & Waite removed to Toledo, O., and established a large and successful practice. A few years after Mr. Waite's younger brother was admitted to the oar, and a partnership was formed con sisting of the two brothers, which con tinued up to the time of the former's appointment to his present high posi tion by President Grant, on January 20th, 1874. Politically Mr. Walite is a republican, but'he was always too deeply engaged ih his profession to become much of a partisan or party leader. To all the war measures of the' government he gave earnest and effective support. In 1849 Mr. Waite was elected to the Ohio leg Islature as a whig. In 1862 he was re luctantly a candidate for congress but was defeated by Edwin M. Phelps. Thereafter other nominations and ap pointments were tendered him but he refused to accept any of them. Mr. Waite was a conspicuous charac ter in the great Geneva tribunal as one of Ihe United States counsel and he per formed his arduous task to his great credit and to the entire satisfaction of his government. He thereafter returned to Toledo and resumed his practice, and in 1873 was chosen president of the Ohio state constitutional convention. Upon the death of Chief Justice Chase there was intense interest throughout the United States to know who would be his successor. After the successive nom ination of Hon. Gee. H. Williams and. Hon. Caleb Cushing and the withdraw al of their names President Grant then selected Mr. Waite and his appointment was confirmed by a unanimous vote of the senate. It is the glory and security of a nation to have its highest .place of justice filled by men, who, like Chief Justice Waite, add to the loftiest official character that purity of life, urbanity of manners, and generous beneficence which distinguish him. District Court.--Pourth Day. This seems to be a session of surprises. On Thursday the court- alarmed some people and slightly astonished every body by his charge to the grand jury in eference to county affairs. Friday his surprise was followed by ahother hen he sunmdrily'dismissed the petit ury , mpanneled in -the Moore grand larceny .aa dd In addition flned each. ember o~; t. aae tei dollars. The cause fo actioon the paref the court was tie 'Mtraoliniry verdict and acfti -of the jury in the case mentioned. After .ing their room the jury took a bal andu found there was a vaiance of oiogkt tas. ttt gtlit of the defied ant, ) e. ha e~ ajority sought to get the i inoity to agree .. th themr, but this was ioitively etfused. Before they "we out half .a hour the j:try eidelde. dirsagree" ad tod Ite sheriff they were ready tobe dlsmissed. That o+I cer asked them if they had agreed upon a verdict and the answer was in the affirmative. He told them to seal it up and deliver it to the court next morning, which they did. Fliday when court opened the jury were in their places and the following remarkable verdict was handed to the court by the foreman: We the jury agree to disagree. W. O. YARD, Foreman. The judge looked at them in astonish ment for awhile and then turned loose on them with a vengeance. He im posed a fine of $10 apiece upon them for contempt of court and then peremptor ily dismissed them for the term, order ing that others be selected in their stead. It was probably the biggest ''surprise party" that these "twelve men good ans true" ever experienced. Following is the personnel of the dismissed jury: W. O. Yard, Henry Wright, George H. Farmer, G. F. Delatraz, J. W. Arm strong, Richard Stanton, John Kava naugh, Albert Rowe, W. S. Evans, Pat rick Murphy, Malcolm Morrow jr., and E. J. Price. We do not believe that these gentle men intended any contempt of court, and doubtless thought that such a ver dict was right and proper. They will know better next time. Another jury was then impanneled and Moore's case taken up again, W. B. Settle defending. The jury after being out a short time returned a verdict of guilty. The whole of the afternoon was taken up with the trial of the Bryer case, for assault with a deadly weapon upon the person of Jerry Sexton. The verdict was returned at last night's session, and it finds the defendant guilty of a simple assault for which he was fined $50 by Lhe court. The ease of P. Harmon was given to the jury late last evening. Harmon is )n trial for grand larceny, charged with tapping the till at the Pacific hotel bar ast winter. Thntrotn Cenrt.-J'lfth DaY. The jury in the Harmon case, grand larceny, returned a verdict of guilty. Jacob Henry, the soldier indicted for assault, through his attorney, Col, Don nelly, pleaded guilty to the mildest count in the indictment. Joe Bush, one of the parties to the celebrated "duel" with target guns, also pleaded guilty to an assault. The court reserved sentence in all of these cases. The afternoon was mostly taken up in hearing the case of the territory against Thompson, for forgery. Thomp son was defended by Max Waterman. The jury were out but ashort time when they returned with a verdict of guilty. The case of Territory against Richard Mee has been postponed until the next term. The grand fury returned an indict ment against Frank Pomeroy, for cattle killing, and he was arraigned just before court adjourned. H. R. Buck was ar pointed to defend him. District Court.-Sixth Day. Most of the day was taken up with the Cecil grand larceny case, which was concluded about half-past four o'clock. The jury were out but a few minutes, when they returned- with a verdict of rguilty. This was the most interesting case of the term, and during the day there was a ."large and appre ciative audience" in attendance. A host of witnesses were examined, in cluding the lady and gentleman from the treasury department in Washington -and although entirely circumstantial in character, the evidence pretty clearly showed that Cecil is the man who took the $800 package from the treasure box of the Helena & Fort Benton stage com pany at the Leavings. The grand jury returned an indict ment against William Winchell for grand larceny, or in other words, cat tle killing. Under a mistake, it seems, in regard to Winchell's bond, he was re-arrested and put in jail. His counsel afterward had him brought into court and explained the matter, when he was released under the old bond. Frank Pomeroy pleaded guilty yester day to one of the indictments against him and the other will be nolle prosed. This makes six candidates, for sentence to the penitentiary during the term. At the evening seeiion of the court the cases of the Territory vs. William Winchell, and of Sullivan and Settle vs. James: McDei tt, were continued for the term.: wf The triai jury was dismissed for the terma~.-; ' . A Vigilant Superintendent. Mr. J. M. Powers, superintendent of the Helena & Fort Benton stage line,. is entitled to a large sh re of the credit fot the conviction of Cecil, the treasure box robber. He has been persistent in his efforts to get the necessary evidence to convict him, to complete the chain of circumstances that undoubtedly prove his guilt. To do this Mr. Powers has gone to much trouble and expense, being determined that the guilty one should not escape. The expense of bringing two witnesses from Washington is for the most part borne by him, and this is only a smal' part of the tax. But he is satisfied in having accomplished his purpose. Criminal Tampering with the Telegraph. Operator Bennett and his aide-de camp. Charley Kelly, returned from their visit to 28-mile springs on Sunday afternoon, having "hoofed" it the entire distance back, looking for the break in the line. After a two or three days' search they at last found the difficulty in a deep coulee a mile or two from town. It seems that somebody who wanted communication with the out side world to cease, hooked a piece of wire to the telegraph line and put the other end of the same in the ground, thus breaking the connection. It was done purposely and maliciously, but just for what reason it is hard to under stand. The officers are on the scent, and if the guilty one is found, it will not go easy with him. - Governor Crosby Ahead. Special to the River Press. HELENA, April 21, 1884. The primary elections in Gallatin, Yel Iow stone and Dawson counties, resulted in favor of administration delegates to the Bozeman convention. The Primary at Helena. The republican primary election for delegates to the Bozeman convention was held last Saturday. By private tel egram we learn that the Sanders ticket way victorious, scoring a majority of 134 votes. The delegates go to the conven tion unpledged. Election for School Bonds. But very few people seemed to be aware of the fact that there was an elec tion in the city Saturday. The ques tion as to whether or not the school board should issue bonds to the amount of $10,000 on the credit of the district for the purpose of completing the new school house was submitted to the voters and carried unanimously, although but few took interest enough in the matter to go to the school house and deposit a ballot. The Florence Canal. A wagon train loading with supplies yesterday at Ulm & Son's store on Main street prompted. a reporter. to make in quiries, and he ascertained that the goods were being shipped by Superin tendent McIntyre to the Florence canal on Sun river, to supply a large force of contractors now on their way there to commence the work of construction. Work is to commence at once. F. A. Rogers has the contract.-Independent, 16th inst. Served Him Right. Col. Bogle visited the office of a daily paper and the next day the paper con tained an item headed, "Col. Bugle." This made the old gentleman very angry. He went to the office, and after a short interview, left with a handful of the reporter's hair. He was arrested and taken before the police judge. "You did not have sufficient cause to put a bald head on so young a man," said the judge. "It was evident that he did not proposely misspell your name. " "It was the second offense, judge. When I went into the office, the young feller seemed much concerned." " Colonel," he said, you can'tblame me, for you can readily perceive that it is not an error of the.heart." "Why can I perceive it ?" "Because," he continued, pointing to an erroneous caption, " it is an error of the head." "Nobody can shoot such a pun at nie, for I am plain and' un assuming, and I .arose ian f anger and ied the young man's haw t_`_ : 4. `1e Tile youfl ma . ' insti.