Morning journal and courier., 1893-10-31
THE M,PARTLANu CASE.

City Attorney Fox Will Not Issue a
warrant for His Arrest Unless
Formal Complaint is Made-The
Selectmen Appear Before the City
Attorney, But Refuse to Make Com
plant Either rs Selectmen or Pr1-
vate Citizens and Taxpayers.
Unless some one makes a formal COM
plant to the city attorney no warrant will
be Issued for the arrest of Joseph E. Nc
Partland, late financial clerk of the town
agents Office. The complaint will also
have to be made by a private citizen or
taxpayer, as it was yesterday practically
decided that no formal complaint would be
made against him by any member of the
board of selectmen, either in his official
capacity as member of the board of &C.
lectmen or as a private citizsn and tax
payer.
City Attorney Fox yesterday morning
caused subpenaes to be issued and
served by Detective Cowles upon se-
Pohlman, sternbere, Gilbert, Town
| Agent Clarity and Attorney Frank b.
Kelly, acting clerk of the town agents
| Office. All these men were summoned to
| appear before the city attorney in bis
Office, police building, at O'Clock in the
| afternoon.
At the time appointed City Attorney
Fox, Assistant City Attorney Mstthewman,
Stenographer Frederick b. Cogswell and
Detective Cowles were closeted in City At
torney Fox's Office in the pc ice building,
| and thlther each member of the board of
selectmen repaired. The hearing was held
| behind closed and locked doors, and but
one selectman was admitted to the "sanc-
tum sanctorum" at time. The City At
torney desired that each member should
give his testimony individually.
After each member had given his testi-
mony the City Attorney asked the follow
ing question: "Will you as member of
| against Joseph F. Mcfarland for embsZ
| Element of the town money" And, second
twill you as private citizen make such
complaint!
When the first question was asked al
| the selectmen refused to make complaint
as a member of the board of seleotmen
and took advantage Of the vote passed by
that body when it was voted to lay thu
facts in the case before the city attorney
To the second question several of thu
members answered no." and others de
clined to answer, claiming that they hai
not seen the books of the Office and in con
sequence had no positive knowledge tt
warrant such a formal complaint.
1t will be remembered that at the meet
ing CT the selectmen, during which 1t ws
voted to make all the facts In the matte
public, Senator Fox was called in and tn
doings of Clerk Mcfarland were mad
known to him. The selectmen supposed
that their action was sufficient to reliev
them of all further responsibility In tn
premises, and that any further NOV
> which might be made wonld b.
Many citizens have wondered why nj
warrant had baen issued for Mozart
lands arrest in view of the fact that tn
city attorney was cognizant Of the facts
The latter, however, took the ground tina
no request had been made by the select
j men for their ex-clerk's arrest and that b
\ was simply called in the matter to info1
L mally consider the matter. Saturday
!. ! however, he came to the conclusion tina
. the best way out of the difficulty would b
to hold an investigation and if the facts l.
| the case merited euoh action a warran
might be issued. Accordingly the subpo
= mas were issued and the meeting was hsl
: in the city attorneys Office yesterday.
As the matter now stands the seleotme
u have refused to make any formal complain
= in the matter, either as members of th
70 I board of seleotmen or as private either
~ and taxpayers, and as no complaint hi
u been made the city attorney cannot issue
warrant. If, however, any one acauainte
3 with the facts in the case will make such
formal complaint, this will put differel
.; | aspect on the matter and the city attorne
III | will act accordingly,