The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-17
IN THE COUNTY SEAT
lat Durham Is Charged With Theft
and Is in Jail Again.
WILLIAM SMITH is FREE
Tia Case OF the Ex-Assessor-The
Commissioners Appoint }. M.
Kennedy Judge to Fill the
Vacant Chair of Conroy.

Der Lodge, Nov. 16.-The jury In the
Durham case was called into court this
morning after celebrating on the case
for Is hours. They reported that they
were unable to agree upon a verdict.
whereipon the court ordered their i'm
media,e discharge. This Is the second
time Pat Durham has had to stand
trial upon the same charge. A former
Jury fbund him guilty of grand larceny
and lsft hts punishment to be determin-
ed br the court, but before sentence
was pronounced a motion for a new
trial was flied and Judge Showers then
presiding. granted the motion on ac-
court of an error discovered In his in
strrtions to the jury.
Tits not probable that ne will be ask
ed 70 face a jury a third time on this
charge. but the county attorney has
filed another information against Dur
nam for the theft of another watch,
claimed to have been taken by him at
a later date. The charge in this case
Is robbery and. until that is disposed
OF, Mr.. Durham will occupy the same
old berth in the county Jail unless he
procures bonds in 5000.
The case of William Smith, who was
held to the district court on the charge
of robbing a man named Kins-
and asleep in "a chair in Van GIndy's
saloon, came next on the criminal
docket. His defense was that he had
asked Kinslow for a loan of SIS while
both men were out ON a quiet little
drunk and that he had received his
permission to take the money from his
pocket. The bystanders who witnessed
the transaction testified for the state
that, In their opinion. 1t was a case OF
hold-up. The attorneys in the case
waived amy argument and II only took
the jury 20 minutes. once the case was
submitted TO them. TO reach a verdict
of not guilty. The defendant was &C.
cordlngly discharged.
The board OF county. commissioners
are the plaintiffs In an action commenc-
ed yesterday in the district court. The
suit is brought to recover of Dan B.
Hertz, the ex-assessor of Deer Lodge
county. and his bondsmen, Thee. Ehret
and ]. A. Rockwell, the sum of $2S6.4S,
the alleged amount of shortage discov-
cred in his accounts upon the expira-
ton of his term of Office. The COM
plafnt alleges that the above named
defendant, Dan B. Hertz, was at the
general election held in the year 1892,
duly elected to the Office of assessor of
Deer Lodge county, and that thereaf-
ter, to wit: in January, 1898, duly quaa-
ifed and entered into said office for
the period and term of two years from
said date of qualification.
That afterwards, to-wft: in March.
1894, the sureties ON the bond OF said
Hertz given by him as assessor of said
county for the faithful discharge by
him of the duties of said Office, and as
required by law. on entering into said
office, having become residents of an
other county IN said state, to-wit:
said Hertz was required by the board
of county commissioners of said Deer
Lodge county to execute a new bond as
assessor of said county for the faithful
discharge of his duties as such officer,
and thereupon the said Hertz as such
assessor, executed his said new bond
as such officer i'm the sum of $4,000, and
which new bond was approved by the
said board of county commissioners.
on the Sd day of April. A. D., 1894
That the said Hertz. as such as
SCISSOR did not in all things faithfully
perform all the duties of said office
according to law and faithfully ac-
count for and pay over all moneys
that came into his hands by reason of
said Office, as required by law, In this,
to-wft: That the said Dan B. Hertz,
as such assessor. and by virtue OF his
Office. from the said Sd day of April
A. D., 1895, and during his continu-
ance In Office. and until January, 1895,
collected of the poll taxes of said
county the sum of s3.432. and that he
paid of said taxes so collected the sum
of So, 145 so, to the county treasurer of
said county, but failed, neglected and
has since continually failed and ne
elected to pay the balance thereof, to-
wit: The sum of s2S6.4S. to the county
treasurer. but that in December, 1894,
ne converted the same to his own use.
1t further alleges that the county
treasurer of said county in the month
of June of this year demanded of Dan
B. Hertz the balance of said taxes so
converted by him as above, but he
refused and still refuses to pay the
same. and that on the 18th day of No
vember, 1895. the county attorney of
said county demanded of said sureties,
Ehret and Rockwell. the payment of
said balance. the sum OF $2S64S, and
that they also refuse to pay the same.
The plaintiffs therefore demands judg-
men for the above and for the costs
of suit.
The board of county commissioners
met in special session to-day and
transacted considerable business. The
action of the clerk in striking off the
general road levy of mills from the
taxable property of Anaconda and
Deer Lodge and also the special road
levy of So was unanimously approved.
The appointment of a Justice of the
peace came up and was disposed of in
a minute. Several applications were
filed with the clerk and after their
reading a vote was taken and j. NJ.
Kennedy OF Anaconda elected to fill
the vacancy caused by the removal of
NJ. II. Con-oy. Several good men were
aspirants for the position but the APP
poinument of Mr.. Kennedy gives gen.
eral satisfaction.