Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-01-10
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Ths otAsr Side Puts In . R~joiaaer which
Bears Down On Evsrybsay Except
lnI the Party Who Writes IL.

Rockport. Dakots. Jan. 9AEa4ors Hess
d Dakotaian.-Some weeks since. 10 the
columns Of your daily I charged one W. 81.
5warsz, with falsely and fraudulentlv exer-
cising tho functions o fdeputy cisrk 1t the
district court Of Hanson county, D. T.. 1
also charged thst he was, rs such pretended
deputy violating the laws %ofcongress by
administering oaths to applicants for timber
claims outside of the territory and falsely
certifying that such oaths we're administer
ed 10, Hanson county. In y late number Of
your Issue, you say Mr.. Swaitz has refa,ed
these charges. Will you please tell your
readers wherein and in what manner the
refutation comes! Mr., Swar'z In his letter
tells you that he wrote TO the clerk of OUT
court and secured the appointment of depu
ty clerk and qualified for that oflce in the city
of Winona, Minnesota. He is very careful
to date his letter at his residence, but you
are we'll aware that Mr.. Swsrtz is a Baptist
minister stationed At Eyota, Minnesota. and
10 resident sof that state and it you
at the head Of one of the leading Journals
OF our territory, are willing to admit be.
fore your readers, that = nonresident can
legally be appointed q deputy clerk Of any
of the courts Of this territory by the clerk
of the court of any county. and that such
nonresident can qualify as such deputy
clerk in another state, then the writer Of
this communication will readily understand
on what kind of testimony you have made
up your judgment. 1 re.assert that Mr..
Swartz was not and could not be deputy
clerk Of the court of Hanson county, aud
Mr.. Swartz was as we'll aware of this as l
am. As proof then Of this charge, I take
the testimony Of Mr.. Swartz himself, SO far
as this communication is concerned. Ny
second charge was as such deputy he was
violating the laws Of congress and per.
petrating frauds upon the land Office. Let
us see what MI. Swartz says about this? 81
wrote to the clerk of the diatrict court Of
Hanson county, d. T., asking him to ap-
point me a deputy to enter the claims OF
some parties who were anxious to locate
this fall, but were unable to 60 ont" II
took some twenty-eight claims, and
went to Rockport and left the filing in the
hands of the clerk to af1x the seal. Mr..
Swartz did take some ''twenty-eight
: claims" and come to Rockport and
. attached the seal to the afadavits in the
. presence of no human eye but his own,
! and perhaps the clerk of our courts. How
did Mr.. Swar!z take these claims. l have
! got the record in my Office. part Of which
9 have come from the land Office, which
shows precisely how he took these claims.
: % November 9th. 1878. Mr.. Swar,z was
!, notwithstanding oaths to claimants 10 the
: state of Minnesota. and among the parties
to whom he administered oaths on that
day, was Cyrus s. Kicker, whose AFFIDAVIT
then and there taken, is in my Office. On
the 9Th of November, 1878. this same Mr..
!, Swartz was administering timber oaths at
Grand Rspids. In the state of Michigan, not
J to "kindfed" or personal frieods" but to
entire atrangers to him, after having pro-
cured an introduction to his victims as q
minister OF the gospel in good standing.
Among the parties whom he induced to
trust him at Grand Rapids was Robert )
V,ckers. . man we'll known ia the state
of Michigan. 1t was partly on the com.
plant of Mr.. Vickers that I made my first
, charge. l have MI. Vickers' letter in my
Office, which charges Mr.. swartz with 'cap.
turing" three hundred dollars ip Grand
Rapids. alone, and which bitterly complains
that Hanson county, Dakota territory,
should allow the seal of the clerk Of its court
to travel over the United STATES to deceive
the unwary. If you will publish these let.
ters, I will have certified copies made BY
our county clerk and send them to you.
After Mr.. swartz had procured a large
number of these afidavits, in at leaet three
different states, he came to this county and
arrived here about the Goth of November,
and At this time, as heretofore stated, the
seal was fraudulently attached to these aft.
davits. In other words. Mr.. Editor, a large
number of persons were sworn in Michigan,
Wisconsin and Minnesota, and certificates
we're sent from this county and from Arm.
strong, that such persons were sworn
in the county Of Hanson. Not only is
this a violation of the laws of congress,
but Mr.. SwartZ commits Q criminal cfFense
in making q false certificate which was evil.
IDENTIFY made to keep the knowledge of the
violation Of the land lawsfrom the register
and receiver at Springfield. Had Mr..
Swartz certified to the truth that these afa-
davits were made outside OF this territory
by him as deputy clerk Of Hanson county.
then as q matter of course they would have
been rejected at the land Office. This Nj.
Swartz know 80 we'll as any man living,
and he certified to q falsehood with his
eyes open. Let me here makea statement.
which l can prove by a witness here, and
one at Sioux Falls. In August last Mr..
Swartz at Sioux Falls inquired of your cor
1 roonon6ont vkothar t;~hoe ooI ho~oetoa1