The Dakota chief. (Gann Valley, Buffalo County, S.D.) 18??-1913, 1895-07-04

So ~ pNNl sCiiiF III al III tIc
state, as fraudulent and void. Service by
publicstion and personal has been made
and completed, and the action is at Issue.
This is the status of civil suits. The
legislature appointed a committee to in
vestigate the defalcation of Taylor. and
a great many Witnesses were summoned
mittee has been published and need not
De commented upon by me.
made, by D.. X. Tenney and others that
Just before Taylor ran ava he placed
an the cash he had. with the exception OF
together with all his personal property
estate and real estate belonging to the
in the Gasael1 Of HeSfha ssrisss II ir9 weli S0mi IN chi:
cage, and that It was agreed between
Taylor and the parties to this arrange
not to prosecute Taylor and to release the
nonosmen entirely upon turning over to
Criminal Charges Made.
Upon discovering this situation I re-
solved to proceed against the parties
whose names were connected with this
spiracy to cheat and defraud the state.
As L. well known l lodged such a COM
plant IN justice court in Pierre the latter
ants was arrested, and. after a most able
and stubborn defense. held to await tHs
acton or the grand jury OF Hughes
ty at the May term.
Just before the commencement Of the
May term Of court a friend of mine said
he had received letters from McChesney
asking him to see me and ascertain wheth-
Ell or not ] was really determined to pre-
sent the charge, against him and his co,
~defendants to- the grand jury. replied
that l was. This gentleman was an en-
tlrely dislnterested friend and in no man
ner whatever connected with any of the
parties or their transactions. 1 told him
that | W. dntarminnH to do co lla than
said that Mr.: McChesney would like to
meet me in Tracy, Mimi, and talk the
tha over with me. I refused to do do
Willie to meet his attorney m Sioux City;
and | refused. / then said, you may tell
at ali, nor give him i'm IN e consideration lt as
!Gds t o. a nS 't the state En- # fl he espects any any
himself In the position Of an honest man
by restoring to this state every dollar in
money and every item of personal prop
erty and every foot Of real estate that was
placed out OF our reach and in the hands
Of the trustee in Chicago, without any
conditions or reservations whatever. I'm
the last ditch, and if he can be arrested
and tried in this state it will be DONE"
The next step in this line was taken the
day before the opening of the May term
1t was then animated to me that If I
wo'ld give the defendants in the conspir-
dNJ tHdISe an OppOIlullly tlty NOuiu
undertake to procure the full and com
plete surrender to the state of all the
money END property held in Chicago, with
that they wanted the trial Of the criminal
this might be done. This offer a every
SO 1 consented to the continuance Of The
criminal cases over the term. This Is all
there Is to thai: In the meantime
brought to Pierre on extradition papers,
charging him with Grand larceny. This
charge was based upon his connection
actions between them at that time, and
the description given by the officers of
the American Exchange National bank
with Taylor en- the Sd of January. when
no drew out 5000, pom the preliminary
examination & Benedtct the bank police
who was In th9 bank with Taylor, and
we failed in our proofs. We dismissed the
complaint and lodged one charging him
with conspiracy, and, after an examina;
ton, he was held for the grand jury and
indicted at the May term, with the other
defendants, for conspiracy to cheat and
The Warrant for Taylor.
He and Mr.. Mccoy were arraigned and
entered their plea of not guilty and were
admitted to bail for their appearance at
piled for release upon habeas corpus In
the federal oour: and mas not yet had his
hearing upon that arElieation: .. .,o
May term of court here, l was asked by a
friend of Taylor whether l would be Will
ing to give a warrant for ,Taylor's arrest
to him and pay the actual expenses OF a
man who would go to the place where
Taylor was in hiding and bring him to
Pierre. He said hat Taylor's father and
see him before they died, and that they
thought 1t better for him to come back
and plead guilty; and ne thought Taylor
protection against sharks who would try
to arrest Taylor and claim the reward. l
Taylor through the detectives, and he re-
marked that we probably would In time.
but this would save us a large amount OF
e Exp ieils ama t nn tb .ne nar a'o Of h the a State sh be
relaxed. l could not refuse this and take
the risk of possibly, losing trace of a
1O Or,,i 50 I agree at, to it. ,b In response T to an
came back in this way and
yonfs.sto make Ss al a fSi! fa ana c cHmpls5ss
with the crime and plead guilty, with
evidences of penitence, l would recon-
mend him to the mercy OF the court. l
then procured a certificate or commission
for his arrest under the seal of the state
and gave 1t to the man. l did not know
who was to go after Taylor, but supposed
1t was some member of his f~amily-never
at Wolsey. So far as Judge Gaffy agree
Ing to any particular sentence, or Gov.
Sheldon agreeing in writing or in any
manner to pardon Taylor, l nave to say
there is no truth In it whatever. Judge
GafYy is not the sort Of a Judge nor the
sort Of a man to pass upon or decide any
case until it is before him in all Its bear
lngs, n the person who would have the
temerity to approach the Judge of this
circuit with a proposition of that Kind
would not likely in my Judgment repeat
the attempt.
1t Is true the EXTREMIST penalty under
the criminal code of this state appro-
p~riating funds received by a public officer
az defined in sections $685. and 62l2 of the
compiled laws. is Imprisonment in the
pcnitentiary not exceeding two years and
a fine Of not exceeding $1,000; and for the
general crime of embezZlement, under
section 67y7. the punishment is imprison-
ment In the penitentiary not exceeding
Ave years. No lawyer probably who reads
section 1865 carefully will undertake to
say that it Is valid. This. however. Is
Cor the circuit court to decide and not me.
have had some professional talks with
the attorneys on the other side in these
cases during these negotiations which