The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1895-07-04


York City and Lafayette, Ind, and
suits begun there against John r. Nc.
Chesney and William Taylor.
In the suit against the defendants
In this state very strong and de.
termined effort was made to obtain
a change OF Venue from Hughes county
to Splnk county, where a majority OF
the bondsmen reside. This failed, and
the state took numerous dispositions
and prepared the case for trial at the
May term of circuit court at Pierre.
when the case was called for trial at
the opening OF the May term, the de-
PENDANTS applied for continuance
over the entire term, which was de-
MED and the case set for trial May
%. They then at empted to remove
| II to the federal court and failed in
his, and the case was tried and
Judgment obta ned for S344,277.4 40
nd has been duly entered.
Upon the SUIT III New York against
John II. McChesney, the defendant
answered and counsel for the state
| moved to strike out most of the
answer az incompetent and irrelev-
ant. This motion was denied in the
curt Uelow and the state appealed.
rhe appellate court has reversed this
decision and ordered that the motion
strike out be sustained. So that
here is little IL MCChesney's answer
except the allegation, that the short
tge occurred during Taylor's first
ERIN.
The authorities found that in the
asst days OF December, 1894, Taylor
and bis brother- .n-law Benedict had
| transferred TO one Charles III. Wells in
Chicago, ILL.,, 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.
6. Melette situated wit hin 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 all these deeds. covering q
vast amount OF real estate scattered
over some thirty counties Ill the state,
as fraudulent and voiI. 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 commit.
tee to investigate the dedication OF
Taylor AM a great may 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 -. X. Tenney and
others, that gust before Taylor ran
away, he placed ali the cash he had,
| with the exception OF Il small amount
he took away with MIN, together with
all his personal property everywhere,
including deeds TO his real estate, and
real estate belonging 10 the North
western Mortgag- Trust company, in
the hands OF Cha cles II. Wells in Chi
rago, and that It was agreed between
Taylor and the rartles to this
arrangement that the state be re.
QuiIed to agree to not prosecute
Taylor and to release his bondsmen
entirely upon the turning over to 1t OF
q certain sum OF money, 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
Tor piracy to cheat and defraud
the state.
As is already we'll known, | lodged
| such n complaint IN justice court in
Pierre the latter part OF February,
and one o. the Defendants was arrest
ed, and after most able and stub
born defense held TO await the action
OF the grand jury OF Hughes county at
the May term.
Just before the commencement or
the May term otcourt friend OF mine
said he had received a letter from
McChesney asking hlm to see me and
ascertain whether or not | was really
determined to present the charge
against him and his co.defenddnts to
the grand Jury. replied that was.
This gentleman was an entirely disin-
terested TREND, and is in no manner
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 to do this. He then
asked il 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
al nor give him any considera ton as
long as he remains in his present atti-
tude towards the state. Ii he expects
,,x- faypra bla consular tiop LET him