The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-25
SOME FUNNY THINGS
Peculiar Justic, of the Peace Methods
Come to Surface.
ALL OVER A S13 ACCOUNT
A Constable Collects the Money
and Refuses to Turn Ii Over.
and Tells Why He Wouldn't
Do lt-Other Cases.
ALL OVER A sl3 ACCOUNT

court methods were brought out in
Judge Speer's court yesterday morning
in the trial of the appeal case of ]. NJ.
Clark, a special constable of Simon
Murray's justice shop of Walkerville.
Clark, in his official capacity, had col
lected $13 jof Justice Murray and APP
propriated the money to his own use
and refused to deliver. He was arrest
ed on the charge of petty larceny, had
his trial before John Marsland, another
justice of the peace of Walkervflle,
was convicted, and took an appeal to
the district court. The first funny thing
discovered in the case was that NJ. p.
Flynn, also a Walkerville justice of the
peace, was one of the bondsmen on the
appeal bond of Clark, and that he testi-
fed to himself under oath that he was
worth the amount for which he APP
peared as surety on the bond. The 9TH
er funny things in the case came out
at the hearing. Simon Murray, police
magistrate and ex-officio constable of
the township of Walkerville, testified
that John N. Henley, yorktown sa-
loon keeper, gave him So saloon bill
against Con Murphy. An action was
commenced against Murphy and then
the defendant gave an order for the
bill and costs, amounting to $13, on Pat
Mullins. Justice Murray appointed j.
NJ. Clark special constable and he took
the order to Mullins and told Murray
that he could not get the money.
That was on the 18th day of last Oc-
tober. He repeatedly told Murray he
could not collect the money, so Murray
appointed another special constable,
who discovered that Clark had collect
ed the money and had IT in his posses
sion about three months. Murray then
saw Clark and told him that If he did
not 'pungle" within the next hour or
two he would be arrested. Clark said
he had no money and no friends from
whom he could borrow. His arrest for
petty larceny followed.
What was your commissions on the
| collections?" asked Attorney Brooks on
cross-examination.
Mr.. Murray, justice of the peace, said
he got 25 cents on the dollar, besides
his court costs.
Then you were an interested party
| in the case you were trying in your
| court?"
Deputy Prosecuting Attorney Booth
| objected to the question on the ground
| that the matter was immaterial.
Il know it is immaterial," said Mr..
| Brooks, but / wanted to see how this
| justice of the peace does business.
| Murray said that he appointed Clark
| constable with the understanding that
he was to get nothing If there were no
| costs collected. Murray's testimony was
| all the evidence the state had to offer,
and Mr.. Brooks asked the court to in
| struct the jury to return a verdict OF
not guilty on the ground that larceny
| had not been proved, but that the evil
! dence showed that Murray was indebt-
| ed to the defendant and the latter APP
| piled the $13 on account. The court was
inclined to sustain the motion because
| il had not been shown that Clark had
/ ILL fo1 . nd ~
secured permission to recall Murray,
| who then testified that Clark had &C
| knowledged receiving the money and
| that he had never offered to pay the
amount over to the justice.
rs il not a fact that Mr.. Clark came
to your office one night before this suit
| was brought and wanted to settle with
| you, but you were too drunk to do bus
iness?" asked Mr.. Brooks
| mo, sir; he lies when he says so,
| said Mr.. Murray, j. Z. Il haven't drunk
a drink of whiskey in a year, anyway.
The defendant said he had an interest
in the $13 to the extent of his fees, and
applied the whole on a claim for pre-
vious services, which Murray had de-
MED were due the constable. Clark said
Murray owed him $14.50 as fees in Other
cases, and said he never denied collect
ing the s13, but had applied the amount
on the old account. He attempted &c
get a settlement out of Murray one
night but the justice of the peace wen
| to sleep on him in a chair. Clark saiC
he thought the prosecution was cas-
of malice.
| At the conclusion of the testimon!
| Mr.. Booth asked that the jury be In
structed to acquit Clark because Their
was not sufficient evidence on which &
base a conviction, and the jury was 81
| instructed and the defendant was dis
charged. Mr. Booth said the case wa
allowed to proceed only so as to get
ruling of the court on the question
whether an officer could collect money
appropriate IL to his own use and the
escape prosecution on the plea that h
had an interest in the money TO the eX
tent of his fees. The court having de
cided that on the motion for non-sui
to the effect that an officer had no RICH
! to retain the money, the prosecute
! was satisfied. Mr.. Booth said that I'll
county attorneys Office was annoyed I
death with similar complaints to III
, | one against Clark and that they had 9
| least twenty against that officer.
] The appeal case of Mary Kriser, ALA
French Mary. was dismissed for war
of prosecution. Mary swiped a revolv'
| from one William Anderson and wa
convicted in the police court for petit
larceny and took an appeal. She d
not appear when her case was Gale
and the appeal was ordered dismisse
The city attorney also dismissed II
case against j. Il. Knight, in which Il
latter had appealed from q convictiC
Z for assault and battery. Some montl
ago knight was in a saloon and heal
some one abuse the memory of Gener
2 Grant. knight committed batter
on the defamer of General Grant al
2 was arrested for exercising his patri
y tism.
U The appeal case of Alice Arnold WI
continued for trial and the setting v
Gated.
A demurrer was filed to the inform
ton against Gray. Johnson and
Chu, charged with gambling without
license. on the ground that the info
nation did not state facts sufficient
constitute a public offense.
Judge Mediation held brief sessi