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About The Montanian (Choteau, Mont.) 1890-1901 | View This Issue
The Montanian (Choteau, Mont.), 17 Nov. 1893, located at <http://montananewspapers.org/lccn/sn85053033/1893-11-17/ed-1/seq-1/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.
VOL. 4. OHOTEAU, TETON COUNTY, MONTANA, FKIDAY, NOVEMBER 17, isô l ' NO; 28. F K b ^ E S s i o n s r ^ . i L j - S. H. DRAKE, M.D. ' PHYSICIAN &. SU R GEON , , Office over Bank of Choteau. OHOTEAU,- - MONTANA. JAMES SULGROYE, A T T O R N E Y AT LAW, OHOTEAU, - - - - MONT. Admitted to pt atice in Land , Pension and Patent Claims before the Tnterior Derpartment. ■ Land,. Water, and Irrigation+Rights a Speci alty. . All Legal Papers and Collections given care ful and prompt attention. Attorney N. A. M. A. Co. Correspondents in every city in North America. Notary Public- „COUNTY ATTORNEY, TETON COUNTY, T - G b . B - A J Z Z E S , ATTORNEY & COUNSELOR /AT .LAW. J. H. DAY. C O T J Ï T T T S T I B V E Y O B Irrigation & Land Surveying a Specialty. C h o teau , ■ M o n t a n a . A .O .U .W . Columbia Lodge, No. 47,- meets in. K. of P. hall every Friday at 7 p. m. Visiting brethren cordially invited. C. W allace T aylor , M. W. . T: W. L ett , Recorder. ' * ’ C hoteau L odge ’ No \44 -À - . Ji14 £ & _A_, I s / L . Holds its jegular communications on the 1st and 3d Saturdays of each month. All visiting bretbrencordially welcomed. . . D r . S. H. D rake , W. M. TOZBCUST CL ID T X IFIF, Authorized to practice before the De partment of the Interior, the Land Office, and the Pension and other Bureaus. PENSION CLAIMS SPECIALLY ATTENDED TO. Cor. Main and St. John Sts., Fort Benton. . A. G- WARNER, NOTARY PUBLIC, • U. S. COMMISSIONER,- AUTHORIZED TO RECEIVE ° ' F ilings & F in al P kooes on P ublic L ands . OHOTEAU, - - - - MONT. • W ^ . ZE3Z. L 1 T O H , 2sT ota,X3r ¡E’V L 'blic ,# •. * DEED’*. MORTGAGES and all-kinds of legal instruments drawn up. CHOTEAU, - - - - M ONT. E. C. GARRETT. A. C. WARNER * GfiRRETT & WARNER, CONVEYANCERS, r e a l e s t a t e , INSURANCE OHOTEAU, MONT. , \W *- S I - S t C L A I R , ' ------ H ot and C old B aths . -------- Main Street, - Opposite Choteau House t@ , Subs orile for T he M ontanian . . ^ | FLATHEAD COUNTY MUDDLE. Report of The Grand Jury— County Officials Indicted. After a three Peek’s session the Falthead county grand jury hand ed in their report last Friday night. Indictments were found against the. sheriff, the jailor, as sessor, clerk of the district court, and eight against the commission ers. Judge DuBose adjourned court Friday night. Following is the full text of the report: / “ To the H on . D udley D u B ose . “ The grand jury of the district court of the Tenth judicial district of the state of Montana, in and for the county of Flathead, duly empaneled, sworn and charged at the October term, respect fully report to the court and submit the following: We have diligently examined into all matters submitted by the court to this jury and regret to announce to the court and thè people of Flathead county that we have found the condi tion o i county affairs to be such as to justify the rebuke already administered by the court to some of the county offi cers and to call for a like rebuke from ■> * this grand jury. In investigating the affairs of the sheriff’s office the grand jury was at a great disadvantage on ac count of the lack of system in and about the office and the “manner of keeping books. * ' ' ... “ The sheriff, either from want of com petency or from wilful violation of law, has eharged the county in a number of instances with illegal fees. Among others §32 expense for convening a pauper from Tobacco Plains to the county jail, when as a matter of fact no warrant bad been issued in such a case and no instructions or authority were given the sheriff to incur any enpenses whatever in the premises. Upon the same trip the sheriff charged for service of sum mons in two cases and full expense« upon each case, making a total charge of expenses of about §100 when the trip could and should have been made foi less than §30. The sheriff has charged the state, for conveying prisoners to Deer Lodge, mileage for three prisoners three tiips from Kalispel to Deer Lodge and return, when as a matter of fact all three prisoners were conveyed at the same time in charge of a single effioer. . “ In connection with this transaction on the part of the sheriff’s - office, the grand jury has been informed by com petent evidence that in order to avoid suspicion on the part cif the state au thorities, «the sheriff conveyed the three prisoners to the city of Butte and then conveyed them singly to the penitentiary at Deer Lodge, thereby making it appear upon the records of the penitentiary that the prisoners were conveyed to it at different timès. “ The account rendered by the sheriff ttì the state board- of examiners was duly sworn to as required by law. We should also say in this connection, that the grand jury, after investigating all the evidence in connection with it found a true bill against the sheriff for the erime of perjury. ' “ We recommehd that the county com missioners take prompt steps to repair the jail and place it in such condition as to a void suffering and hardship w.bich prisonersthere confined will have to un-' dergo if the jail remains in its present condition. The prisoners find in the county jail a complication of cruel,.bru tal and inhuman treatment received at the hands of Jailer McGowan, and in view of the evidence produced befoie the grand jury in that connection, we can not withhold our censure and «everest condensation of the methods of treat ment adopted by said McGowan during bis incumbency of the jailer’s office. . “ One case in particular is that of a woman, Anua Voss, who was confined by virtue of a commitment from Jus tice Nash’s court. During the time she was confined-in the jail, according to her story, Jailer McGowan was in the habit of calling her. vile names such as ‘strumpet,’ and other vile flDd brutal epithets. With reference to the escape of Edward A. Dupont during the month of July last, we have diligently inquired into the matter, and in that behalf sub- poened and examined witnesses. “ The evidence shows that at the time of Dupont’s escape and prior thereto, the officials of the jail were extremely negligent and careless in that they per mitted individuals of all classes indis criminately to visit and talk to prison ers, especially to Dupont. No system bad been adopted for the examination of the cells or the bedding, and it would have been no difficult matter for the friends of Dupont to have conveyed to bim-the instruments necessary to facili tate his escape. “ While the act of sawing the bar itself was' g'oiAg“ohpIlr'’:broad-dayr-light^-the- jailor was sitting on the front porch of the jail, within 30 feet of the point of i Dupont’s operations with a file and saw, seemingly oblivious to all tilings ex cept the solid comfort be was enjoying During this time, the prisoners were in the habit of passing in and oubof the jail for the evident purpose of viewing Du .pont’s operations'from the outside. - “ We find that Certain attache» of the sheriff’s office, principally J. K. Keed, bailiff, of the district court, bad frequont- ly, prior to the escape of Dupont and even subsequently thereto, expressed great sympathy for Dupont, and even, while exerejsing his offieiciah duties as bailiff, on several occasions adversely criticized the prosecuting witnesses, for the manifest purposes of prejudiciug the jurors and others in favor of the defen dant Dupont and against the prosecu tion. In view of these facts, we do not regard him as a safe man to be trusted officially in and about the court room uor to be charged with the custody of juries during their deliber ations on crim inal cases. We' would therefore recom- mendTiis immediate removal a* baliff. “ We find in connection with the jail that the jailers have been in the habit of admitting ioto the jail intoxicating liquors in great quantities, and on more than one occasion the prinoners have become intoxicated by reason ol the negligence of the jailers in this respect. The jailers have also permitted prison ers to go at large before their terms of sentence bad expired, and in some in stances the prisoners so pex*mitted to go at large have never returned to serve out their respective sentences. “ We have examined the books of the district clerk and find them in such con dition that it is impossible to tell, from, mere examination. of the books. them selves, what the receipts or disburse ments of the clerk’s-office bgve been dur ing any month or .quarter of bis meum- bency. 'W e are forced, therefore, to one of two conclusions—either that he has wilfully kept his books iu such condition as to prevent a full and fair examina tion of the same, or lie is adsolutely ..it.- = competent to discharge the duties of bis office. . “ We have also examined ioto the af fairs of1 the assessor’s office, and we find - hère the tame negligent and slovenly sort of bookkeeping which we found in the sheriff’s and the clerk’s offices. We are unable to détermine from an exam ination of.the assessor’s books, or from 7 \ s the statement {of the assessor ybimself, what amount in poll taxes has been col lected during the current year. “ We also find that, in connection with drawing- his salary regularly every - mouth, the assessor has charged the county 10 percent, on a ll poll taxes .collected, and ' alsO; presented a biff against the county for §153 for expenses which bill the county commissioners (to whom we will have occasion hereinafter to refer) without any authority of law.' allowed and approved. WJe find the grossest negligence on the part of the ’’ couuty commissioners iu the discharge of their official duties, negligeuce that cau'be excused upon no gi d.und to be conceived by reasonable persons. In connection with a transaction be tween the board of commissioners and one David D. Bogart, lie had the nerve to pie*eul ab.ll dgaiust the county for thé sum o f §57.90 for divers expenses at Missoula while transcribing tue rec- ..LrdSj.aud.taaud^tq tile ...... of the amount at which lie expected to have to discouut the warrants, and the commissioners, either from a waut of ‘ competency or from a groos disregard of their uuty in the premises, allowed the bill, including the 25 per cent..addition-' al, thereby compelling the ¡¡county to pay 32 per cent, per annum for the first year ou said warrant, when the law pro. vides that' such warrants shall draw only 7 per cent, per annum. “ The commissioners also allowed said Bogart the sum of §2,400 for two books that laid never been certified to as coi - rect by the clerk and recorder of Mifc- soula county, and which .are utterly valueless to the county of Flathead; also a large amount of money for index ing these books. These books were pre pared for the assessor as a convenience in making up his assessment roil, and had they been lead pencil memoranda on loose sheets of legal cap, containing one-tenth o! the matter contained in the books^ they would have answered the same purpose as one-twentieth of the ¡cost. These books have never been and will never be of any use whatsoever to the county. “ For transcribing chattel mortgages and indexing the same the board allow ed said Bogart §433.75, when more than seven-eighths of the mortgages transcribed bad lost all their force and effect a s such, by reason of actions upon them having been barred by the statute of limitations; all of which could have been readily: ascertained by the board of commissione'rs in an hour’s time, if they had given this matter the proper attention. “ These mortgages and books before mentioned were excluded by the very *|er.ms...of,r tjie contract between Bogart ancTthe commissioners. They also al- lowed Bogart the contract pricè fÒT^en- ca tering in the judgments that^fiayB^beènl^ 'V k (Concluded on.ThirdTagèi), £ ■’
