The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1894-04-28
FOR THE GRAND JURY.

oVVOAVAOA Va viz 6'"HN JNAJ, - ." 80
session, to the communication of
NJ. r. JENKINS, Probate Judge of
this county, which appeared in
Wednesdays issue. The state
ments made by Mr.. JENKINS are of
too grave a character to be treated
lightly or indifferent!y. 1t is par
ticularly important, at this period
in the history of our county, that
charges against public officers, or
public statements rejecting on
their official conduct, receive due
weight and consideration. This is
not only due the people of the
county but due the accused them
selves, as false and indiscriminate
accusations are almost as hurtful
to the well-being of society as
crimes of more positive and ma
terial nature. There may be some
question as to whether or not this
is a proper matter for the grand
Jury to consider. In order to re-
move any doubt on that question,
The TRIBUNE is disposed to
frankly state the substance of the
whole case. The claim made by
Mr.. JENKINS u.s. and indeed the
common talk is, that money was
obtained from various county Off
GERS, notably the Probate Judge,
for the purpose of reimbursing GER
tain individuals, among them Com
missioner GwINN and S. NJ. COFFIN,
for money advanced to W. B. HEY
BURN for legal services in matter
which affected the interests of Can
yon county. This money was said
to be paid as a retainer. Mr.. JEN-
KINs' letter charges that there is
strong presumptive evidence that
Mr.. HEPBURN did not receive the
money alleged to have been paid ;
that at time long subsequent
Canyon county did pay it; and
therefore. the money received from
him (JENK1Ns) upon representation
that it was to be applied to the
payment of Mr.. HEYBURN's re-
tainer, was obtained under false
pretenses. This is clearly the
charge implied in Mr.. JENKINS
letter to the public. The fact,
then, that Mr.. Gw1NN is chairman
of the board of county commission
ers and Mr.. COFFIN is a regent of
the State University would seem to
amply warrant the grand jury in
making a thorough investigation.
Under the laws of Idaho, obtaining
money under false pretenses is
misdemeanor, indictable, and pun
ishable by imprisonment in the
county Jail not to exceed one year
and fine in sum equal to three
times the amount of money fraudu
lently obtained. Mr.. JENKINS also
questions the legal right of the
board of commissioners to pay Mr..
HEYBURN's claim in any event.
That is a matter which may or
may not involve question of
criminality. If it can be shown
that the services rendered were
legitimate that the best interests
of the county demanded them or
that to dispense with them would
jeopardize the county's affairs, it
is difficult to understand why the
should not pay for them.
On the other hand, if there was no
call for such services,
The case presents very different
aspect. In connection with this it
may be we'll to state that accord
ing to general rumor, Sheriff IRE
TON, Assessor HORN and Clerk KEE.
IAN are effected similarly to Judge
JENKINS. With respect to other
pointed out in the letter
to, the facts are of record
Ind accessible at once to the grand
ury. This matter having thus
publicly been called to the atten-
ion of the grand jury, they can
lot, without fragrant violation of
luty, refuse or neglect to freely and
ully investigate them. The TR1B-
Inc does not pretend to know what
be true facts are, it is therefore
atisfied to rest on the findings of
f the jury whose business it is to
scertain them. If, as we hope, an
Investigation results in complete ex- ,,
neration of the officers concerned, !
will be our pleasure to help dis !
ipate the cloud which temporarily !