Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-01-17
Which Book?
From Thursdays Daily

Which Book?
[From Thursdays Daily.]
The Healy examination closed yester-
day evening, but Judge Hare adjourned
until 1890 this forenoon so that he might
have time to consider we'll the one point
which he holds worthy of serious though,
viz: which book is it a crime under the
law to mutilate-the warrant book which
Healv defaced or the record book which
the defense bring in as the only record
book under the law.
There were many sarcastic remarks
made by both sides during the trial. Mr..
Newton opened for the defense, Judge
Francis followed for the prosecution; then
came Jamison and Hanitch for the defense
and Francis closed for the prosecution.
The points made by the defense in argu-
ment were as stated yesterday, that no
public record had been mutilated; that
Healy should be commended flor having ar
rogated to himself the power of the entire
board, and by a criminal act thwarted the
will of the majority but the one great
point upon which they hinged their case
was that the warrant book Which Mr.. Hea-
ly defaced is not a public record; hence
no crime was committed in its DETACHMENT.
They also made the point that Healy had
he right to correct an error.
THE FACTS
as presented by Judge Francis and re main
u%ndisputed are:
The Bismarck TRIBUNE bill was allowed
by the board.
No one questions this fact, nor has any
one denied that service was rendered.
The warrant for payment was drawn,
and after being drawn was signed by Mr..
Healy as chairman.
He did not sign it in blank as falsely Sta
ted to the public by him through the COL
umns of the TEIBUNE-his attorney bring
ing his statement to the paper-but it was
filled out, stub and all-and the defense
not having claimed that he cannot read the
English language. it is reasonable to con-
clude that he can-at least enough to know
what he is signing.
He therefore knew that he was signing
the TRIBUNE warrant, and not until he re-
ceived the brilliant advice from his legal
adviser did he mutilate the record.
He did not mutilate it to correst an error,
OF evidence is produced to prove an error,
yet the defense persistently talked about
the right of a man to erase his name when
he discovered all error.
THOSE BOOKS.
The defense begged the issue, and bring.
ing in a book, which they claim to be the
only book required to be kept, argued that
this was the book which it would be a
crime to deface, while the book which was
mutilated is no more than a worthless
piece of paper.
Sand this is the only point" said Judge
Hare before adjourning last night, that is
to be considered"
That ought to be notice enough to the
defense that Mr.. Healy will not be dis
charged.
Judge Hare is too thoroughly acquainted
with the law to be hoodwinked into be-
ileving that it is more of a crime to mutt
late a book, the destruction of which can
not defraud a citizen out of a cent, than to
deface one which is virtually money, and
which might hold the fortune of a sover-
eign or the hard-earned wages of a laborer.
Yet this is the case presented by the de-
Tense. They say that the warrant book,
which is the only book in which the re-
ceiver of money from the county places his
signature as proof of the payment, and
where every warrant and stub is numbered
as required by law, is not a public record
and is valueless; while a book which is
completely under the control Of the clerk
(WhOm they claim is ~irresponsible) in
which no one but the clerk writes. and
which would defraud no one, is sacred in
the eyes of the law.
That is the case of the defense.
1t is the only question which judge
Hare says he will consider, and vet the
organ Of this man Healy had the impu-
dence on Thursday, long before the hear
ing, to state in public print that it hal
heard the case would be dismissed,
How did he shear" that the case would
be dismissed?
This fling at the honor of the Justice in
timating that he had told what he would
90 long before hearing the testimOny-this
insult to the intelligence of the community
is in keeping with the h%igh-handed course
pursued by Mr.. Healy from the time he en-
tered politics in Burleigh county until in a
mt OF desperation he mutilated the records.
They not only defy the will of the ma
Jority but with the fippancy and swagger
OF elevated littlepesS, assert long before
the case is tried that they shear" that it
will be dismissed.
We will know to-day at 1920 o'clock.
HEALY HELD.
At 1920 Thursday morning Judge Hare
rendered his opinion. He holds Mr.. Healy
in $500 to appear before the grand Jury,
The guilt of Healy was proven beyond
doubt and the action Of the Judge will be
sustained by all law-abiding and fair
minded citizens.