The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-15
RELICS OF A SAD CRIME
Recalling The Downfall of City Clerk H.
B. Smith
THOSE FORGED WARRANTS
The suit Brought BY the First Ma
tionai Bank Against the
City OF Butte in the
District Court.

BUTTE, Jan. 14.-City Attorney John w.
Cotter has filed an answer in the district
court TO the action of the First National
bank to enforce the payment of large
number OF city warrants forged by H. Is.
Smith. the city attorney and ex-officio city
clerk in 1855, who afterwards committed
suicide.
The suit was brought against the city in
January, 1891, and has just come to an
issue.
The answer admits on Oct. Is, 1885, the
mayor and city clerk drew an order on the
city treasury to pay II. b. Smith and
David Mickeljohn 500 and admits that
The warrant was registered, but denies
that Mickeljohn ever endorsed or trans
ferred his interest in the warrant to the
bank. On Dec. ID, 1894, the city rendered
the bank 500 and interest in payment of
tue warrant, being payment in full of
Smith's interest in the warrant, but the
tender was refused. In December, 1885,
the city was obliged to issue a duplicate
warrant to Mickeljohn for SOD.
Oct. ., 1885, a warrant for $50 was
issued to Smith, but it is denied that it
was ever presented. properly endorsed,
for payment.
Nov. 10, 1885, warrant for 500
was issued, payable to Charles Carlton or
order, and on Dec. IA, 1895, the city ten
dered the bank the full amount of the
warrant.
warrant drawn on Oct. IL, 1885, for
sIOJ, payable to James Dryer or bearer.
was not authorized by the city, the
answer alleging that the word "order'
having been erased by Smith and the
word bearer" substituted after the war
rant mad been signed by the mayor and
hA IA.
IN the Following warrants: Henry Hutch
lnson. slOO; A. Cameron, So; Z. II. Pad
den, 81; James Young, Sl03,25; William
Winters, S-2.95; j. w. Stoner. sos;
William Thompson. S177.3O; j. w. Stoner,
$50; Jerry Murphy, S72; Lewis Odman, S72;
william Thompson, S22J; Muiville q
Doud, s25:22; Jamlson Brothers, $50;
William Winters, $3.50; Octave Lonore,
s27.5O; James Young, SI39.75; J. j.
McGIllis, S72; j. II. Young, 500; James |
Dryer, sl0O; Henry Hutchinson, 500;
David Mckeljohn, Sis.
The answer further says that each and |
every one of the warrants sued upon by |
the bank in the remaining % counts of |
the complaint were orders drawn by the |
Defendant payable to the payee named |
therein, or order, and that the said H. b.
smith, without any right or authority
from the city or from any of the navees
named IN the warrants, erased the word
order" and inserted the word "bearer."
and afterwards transferred the al
tered warrants to the bank after having
endorsed his own name thereon, and
each and every one of the % warrants are
forgeries and have no force of validity as
against the defendant and the plaintiff is
not the legal owner thereof Ii is also
alleged that the action to recover on the
is barred by the statute of limi-
t1tions. The answer says the city was
obliged to issue duplicate warrants to the
following persons for the amounts stated:
Henry Hutchinson, 800; James Young,
sl39 40; David Mickeljohn. S115; James
Dryer, 500; j. Z. Young, 500; j. j. Nc
,Illlis, So; A. Cameron, $72; Jerry
Murphy, S72; Louis Odman, 81; Jamison
Brothers, $50; Octave Sonore, $3.50; |
William Winters, $3.50; Mulville a | I
Doud, 1892. The plaintiff now seeks to
'ecover from the defendant the amount |
'aid to the owners of said warrants, which
variants were forged and endorsed to tho
bank by Smith. In regard to the Joint
of Smith and Mckeljohn the ]
answer says that after il was endorsed to {
he bank by Smith the city was compelled
o pay Mickeljohn 500, and the city is
therefore, not liable to the bank thereon |
or any amount except to part due Smith.
IS to the warrant made payable to Smith ,
he city denies having been indebted to
i'm at all at the time the warrant was 3
transferred to the bank, or that it is in
ebted to him now. The altered warrants
ave never been registered as they were 9
efused when presented.
The total amount sued for by the bank q
g. 1886. :