Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1895-06-27

When the Ease was called for trial at
the opening OF the May term, the de-
PENDANTS applied for a continuance
over the entire term, which was de-
MED and the case set for trial May
%. They then attempted to remove
it to the federal court and failed in
this, and the ease was tried and
Judgment obtained for $344,2TT.45
and has been duly entered.
Upon the suit in New York against
John T.. McChesney, the defendant
answered and counsel for the state
moved to strike out most of the
answer as incompetent and irrelev-
ant. This motion was denied in the
court below and the state appealed.
The appellate court has reversed this
decision and ordered that the motion
to strike out be sustained. So that
there is little in Mc~Chesney's answer
except the allegation, that the short
age occurred during Taylor's first
term.
The authorities found that in the
last days OF December, 1894, Taylor
and bis brother-in-law Benedict had
transferred to one Charles II. Wells in
Chicago, H., all OF the real estate be-
longing to the Northwestern Mortgage
Trust company, OF which Taylor was
president, and all the real estate be-
longing to Taylor and his wife and A.
c. Mellette situated within this state,
in trust for some purpose which did
not appear on the face of the deeds;
also, that early in January the de-
PENDANTS. McChesney, Beard, Brooks,
Kiser, Morris, Labrie and several
others had recorded deeds purporting
to transfer their property. An action
was at once instituted by the state to
set aside ali these deeds. covering a
vast amount OF real estate scattered
over some thirty counties in the state,
as fraudulent and void. Service by
publication and personal has been
made and completed, and the action
is At issue.
This is the status OF the civil suits.
The legislature appointed a commit
tee to investigate the defalcation OF
Taylor and a great many witnesses
were summoned and examined. The
report of that committee has been
published and need not be commented
on by me.
1t appears, however, from evidence
obtained by that committee and ad-
missions made by ID. h. Tenney and
others, that Just before Taylor a
away, he placed ali the cash he had,
with the exception OF a small amount
he took away with MIN, together with
all his personal property everywhere,
including deeds to his real estate, and
real estate belonging to the North
western Mortgage Trust company. in
the hands OF Charles H. Wells in Chi
cago, and that it was agreed between
Taylor and the parties to this
arrangement that the state be re-
quired to agree to not prosecute
Taylor and to release his bondsmen
entirely upon the turning over to it OF
a certain sum ofmoney, not exceeding
500, 900.
Upon discovering this situation l
resolved to proceed against the par
ties whose names were connected with
this scheme upon a criminal charge
for conspiracy to cheat and defraud
the state.
AS is already we'll known, / lodged
such a complaint in justice court in
Pierre the latter part OF February,
and one OF the defendants was arrest
ed, and after a most able and stub
born defense held TO await the action
OF the grand jury OF Hughes county at
the May term.
the May term ofcourt a friend OF mine
said he had received a letter from
McChesney asking him to see me and
ascertain whether or not | was really
determined to present the charge
against him and his co-defenddn to
the grand jury. replied that | a
This gentleman vas ap entirely disin-
terested friend, and is in no
whatever connected with any of the
parties or their transactions. told
him that | was determined to do so.
He then said that Mr.. McChesney
would like to meet me in Tracy,
Mimi. and talk the matter over with
me. | refused tc do this. He then
asked if | would be willing to meet his
attorney in Sioux City, and / refused.
/ then said, "You may tell MI Nc
Chesney that ! will not meet him at
all nor give him any consideration as
long as he remains in his present atti-
luuc dCuS the STATE Ii he expects
any favorable consideration let him
first put himself in the position OF an
honest man by restoring to this state
every dollar in money and every item
of personal property, and every foot
OF real estate that was placed out of
our reach and in the hands of the
trustee in Chicago, without any con-
ditions or reservations whatever.
Until then you can say to him that
NC VII: ssht him &c the last ditch, and
il he can be arrested and tried in this
state it will be done"
The nex step in this line was taken
before the opening of the May term Of
court at Pierre.
1t was then intimated to me that il
| would give the defendants in the
conspiracy charge an opportunity
they would undertake to procure the
full and complete surrender to the
state OF al the money and property
held in Chicago, with no conditions
whatever attached, and that they
wanted the trial Of the criminal charg-
es then pending continued SO that this