Helena weekly herald., 1875-05-06
JUDGE WADE AND THE BONN CASE

! A1lUNS any tAlub aUOUt.
JUDGE WADE AND THE BOHM CASE
The Independent having recently printed
an article, copied from the Sacramento Re-
cord Union, rejecting upon Judge Wade in
the matter of the requisition of S. II. Bohm,
the Judge this morning publishes d card in
the Independent showing the part taken by
him in that case and cstab ablishing his complete
| justification therein The article referred to
grew out of and was based upon letter from
Governor Potts to Governor Pacheco, of Cali
fornia, stating in effect that he (Potts) had
been led to err in granting the requisition
upon the certificate Of Judge Wade that Bohm
was guilty of the crime charged against him,
and if arrested and brought to trial would be
convicted. The letter of Governor Potts was
not simply foolisl-as the bulk of his cores
pondence is generally known to be-but its
statements were conspicuously inaccurate and
shown to be false While no name appears,
we construe from the Judges card that Gov
ernor Potts, apparently stunning public
retraction, satisfies himself and tries to satisfy
the Judge with a private admission that the
statement concerning the nature of the certi-
it stands, confessed falsehood and an insult
to Judge Wade. We append here the Judges
card:
To the Editor Of the Independent
In the matter of the requisition OF S II B0hm
a statement, emanating from high authority,
was published in the California papers and
rc-published here, stating that had made
certificate saying that Bohm was guilty of
the crime charged against him, and if arrest
ed and brought to trial that he would be cn"
xioted.
If it were true that you had Judge here
who could 50 far forget the duties pertaining
to his position as to assert the guilt of any
defendant, whose case was pending in his
Court, and before trial, then indeed would
the people have cause for alarm. And to
those who know how careful have always
been to avoid the expression of any opinion
in any case pending in Court, whether civil
or criminal, the statement that certified to
the guilt of Bohm must have been surprise.
am advised that the published statement
as to my certifying to the guilt of Bohm, was
permitted to stand as true, and uncontradict-
ed, although its falsehood and insult to me
is confessed therefore ask that the ccrtif-
cate itself may be published:
CERTIFICATE
Ihc Territory Of Montana cs. S. II. Bo1sm.
/, Decius s. Wade, Judge of the Third Ju-
dicial District, do hereby certify that if the
defendant in the above entitled cause is ap-
pretended and brought to trial, and all the
material allegations Of the indictment should
be proceed, verify believe conviction could
be had.
y DECIus S. WADE, Judge.
No language Of mine can make this state
ment more clear. 1t is q careful and studied
attempt to express no opinion in the case, as
l had none to express, and this attempt was,
as understand the use of language, entirely
successful. The certificate was made at the
request of the Executive, and to assure him
that an indictment was pending in the District
Court, and that if the defendant was arrested,
there was nothing here to prevent fair trial.
knew nothing whatever of the application
for requisition until this request was made
by the Governor, and supposed that Bohm
would be brought here for trial, if arrested,
and never had any other thought about it un-
til heard that the matter had been settled by
Bohm making payment to the Cohen heirs,
whose money he was charged with embezzl-
ing.
And when it was shown that the money
had been paid by Bohm, and when it was
further shown that the prosecuting witness
did not wish further to prosecute the case,
and that the Prosecuting Attorney, upon be-
half of the people, did not wish further to
prosecute, upon his motion, under the statute,
l ordered the case dismissed, as could not
do otherwise. ID. s. WADE
THE New York Bulletin tabulates the re-
turns of twenty-five railroads for 1874. These
roads represent 40 per cent. of the earning
canacitY of all the roads of the Limited States