Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-03-09
A SERIOUS CHARGE.
Mayor Edward S. Allen Arrested
Last Night On a Charge of
Larceny of Records.
The Arrest Made on a Complaint
Sworn Out By Register w.
o.. A. Falconer.

Inc Arrest Made on q Complain
Sworn Out By Register w.
A. Falconer.
Hearing Last Night and To-Day
and Continued Until Satur-
day Afternoon.
From Thursdays Daily.l
A Serious Charge.
Mayor Edward S. Allen was arrested
yesterday afternoon, on a warrant sworr
out by Register of Deeds w. A. Falconer
charged with the larceny and mutilatior
of a public record. That an arrest wat
intended to be made was noised and
rumored about street corners from about
100 In fact, it was about the sole
topic of conversation through the after.
noon The warrant of arrest was issued
by Judge Chase, and when it was served
Mayor Allen was allowed to go upon his
W recognizance until I o'clock last
C'ohiAS, "Aou q pICllulludIJ cAdulAud
ton was held before Justice Chase.
The examination last evening lasted
from I O'Clock until after II. It was not
at first proposed that the examination be
held last evening, but Mr.. Allen asked
that it be held at once, inasmuch as his
business engagements and other
duties we're important, and demanded
so much of his time that it would be
unjust to him to drag out the prelimin-
AIRY any. longer than could possibly be
avoided. Accordingly, the examination
was begun. and the first witness for the
state, Register of Deeds w. A. Falconer,
was sworn, and testified.
MIR. FALCoNER's TESTIMONY
began with the loss of the book of rec
ords, in question, which is Miscellaneous
Deed Record No. 70, and which he says
occurred about a month ago. The last
time the book was seen by him was on
January 10th. It was first missed on
January 9th, and he testified the book
must have been taken between those
dates.
When he first discovered the loss of
tht book, SO Mr.. Falconer testi-
fes, it occurred to him that
Mr.. John F. Fort had had charge of his
office a few days previous, upon the en-
forced absence of Mr.. Falconer because
of the illness of his children. Mr.. Fort
is deputy clerk of the court and has an
office across the hall, and the two we're
neighborly, one looking after the office
of the other when either was away.
That because of this, he suspected that
Fort bad taken or hidden the book in a
joke. Upon the evening of the dis
covery OF theloss, he came down town to
see Fort, and asked him whether he had
seen the book. Fort answered in the
negative, an told Falconer that he did
not play jokes of sosserious a kird. Fort
volunteered to go to the court houss
with him, and make a search for the
book. This was done, but the book
ia be revealed. Mr.. Falconer
then informed Sheriff Donnelly of the
case. and the search was prosecuted
with his aid but no book was discovered.
Mr.. Falconer further testified
that he received no clew to
the whereabouts of the missing
book, until about February 10th, when
Alexander Hughes, who had been IN
formed of the loss as one of Falconer's
bondsmen, came to him and told him he
had a clue as to the whereabouts of the
record. That it was still in existence,
and would be returned if Falconer would
do certain things. That some of the
leaves had been cut out and replaced
with blank ones, and, according to the
testimony, numerous other little irregu-
laritles had been INDUCED in. Hughes
then told Falconer that he would see
him again about the matter.
Further, Mr.. Falconer. testified
that on February 21st, Mr.. Allen
visited him in his office. Told
him that he had the book. That
he had had a detective come up from St.
Paul, go through Falconer's vault and
secure it. Then he (Allen) had gotten
Bly's copy of the lease. That he had
intended to so change the reading Of
the lease in the record, that, should the
rebate granted for freights by tn
Northern Pacific to Mr.. BLY, cease to
Allen . & Patterson, that their
payment Of the rent should cease. That
after a time, the rebate would cease, and
then they would refuse to pay the rent
Further, that this was inteded to be
done before the loss was discovered
But now that the loss had been discov.
cred. the book, several pages of which
SO Falconer t~estifies Allen confessed tc
him, had been cut cut, hac
been sent east. and blank g beer
pasted in to correspond to the ones
which had been cut out, and if Falconel
would record a fictitious lease in thu
pager where the Bly, lease had beer
KY --1 n s##. \ # - 81