The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-19
THOSE TWO OFFICES.
The Consolidation of City Clerk and
Attorney Causes Dispute.
IN THE DISTRICT COURT
a Money Transaction Between
Higgins and Prescott Rehearsed
and Proves Quite interest
ing News of Yesterday.

Missoula, May Ism. l.. Crouch. who
was city attorney under the last year
administration, to-day made a demand
upon II. S. Hoblitzell for the books of
the office of city clerk, which Mr.. Hob
litzell filled at the same time. and II
will be remembered that the council
last month passed an ordinance that
consolidated the Offices of city clerk
and city attorney, to take effect at the
beginning of the fiscal year. At the
first meeting of the new council. the
mayor made two nominations for the
combined office, both of which the
council refused to confirm. This left
the old officers in charge, but as the
ordinance referred to above combined
the offices. IL is a question whether or
not either of the former officers can
hold over. Mr.. Crouch is of the opin-
ion that. as city attorney, he is entitled
10 these two offices. while Mr.. Hobliz-
ell looks at ii in a different light and
thinks that he is the clerk until a new
man is appointed and confirmed. Act
ing on this opinion, he refused to sur
render the books and he still holds the
fort.
In the district court to-day the trial
jurors whose names were given in the
Standard this morning were called and
all reported. G.. w. Potts, Robert
Moore, j. H. Massey and Frank Bogart
were excused. F. Singer and G.
Brauchaine were discharged as they
are not citizens. Fifteen new names
were drawn to complete the panel OF
the new venire, William Broderick, c.
F. Judson, II. c. Myers, Thomas Nc
Namara, Patrick Hannahan, George
Mink, e. l.. Fowler and C.. A. Green,
were retained as trial jurors for the
term
The first case to come before the jury
was the civil suit of Charles Clifford of
St Paul against A. w. Merrick The
deposition of the plaintiff was read and
the defendant and his wife testified
The claim of the defense was that a
part of the money for which the suit
was brought had been paid and the
jury said likewise. The verdict was for
$4943, which allowed a credit of $43,
which the defendant claimed to have
paid.
The case of F. G.. Higgins VS.. c. r..
Prescott attracted considerable atten-
ton, as IL has been more or less dis
cussed for the past few months, as it
has been made public on one account
and another, and there was an inter
ested lot of attorneys in the court room
when the case was called. The suit is
for an alleged overdraft which the de-
PENDANT denies existed. 1t took some
time to secure a jury, as some of the
jurors had heard of the case and had
formed an opinion and others were
prejudiced against the plaintiff. 1t was
4:39 O'Clock p. m. when the trial of the
case was begun. The suit is for $21S5
and interest. The testimony of the
plaintiff was to the effect that this
amount was due the Higgins bank
from the defendant and a statement
was shown of his account in support Of
the claim. The defendant was pr on
the stand to testify in his own Behalf. |
He said that at two times, once in. the |
spring of 1892 and again in the fall of !
the same year he had overdrawn his |
account at the Higgins bank and that |
the amounts of the overdrafts were as 4
stated by the plaintiff, but that the |
overdrafts had been made for Mr.. Hig-
gins and had been used by Mr.. Higgins |
or under his direction.
In the first instance Mr. Higgins was |
running for mayor and did not want |
to draw the money himself, so Prescott |
had consented to draw IL for him with |
the understanding that the sum would |
be credited to his account. This agree |
ment was made before he consented to |
draw the money. The first overdraft |
to $1,2S5. In November of /
the same year he had drawn 5000 on |
the same arrangement at the time of |
the fall election and had had a settle |
ment of the account by agreement, but |
that he had since learned that the /
had never been credited to |
his account.
Mr.. Prescott attempted to tell how |
the Butte for the capital campaign was /
conducted here in that year and how |
the money that was received from the |
Butte people was pooled with the dem
ocratic campaign fund and used with |
Ii. but the counsel for the plaintiff OBJ
jected At the conclusion of the direct |
testimony of the defendant, court adj
journed till . o'clock tomorrow morn
ing.
The street gang was augmented to-
day by the addition of nine men who
were sentenced to five days each for
by Judge Landers. tt /
Charles Blaisdell came in from Cali
fornia gulch this morning and reports
that the snow there is still so deep that
ii is not possible to do any placer min
ing. The average depth is five feet.
The arrangements for the shooting
tournament are now complete and all
that the gun club wants is good wealth