The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-11
BUTTE News.
ABUSED HIS AUTHORITY
Special Constable Howell Was
Fined and Jailed.
PETIT LARCENY AS BAILEE
he Used a Cash Bond TO Liquidate a
Debt for Which He Had Made an
Attachment on a Race
Horse Lately.

Special constables were given a hint
that ii will not do to abuse their tenn
porary authority by a jury in Justice
Ducie's court yesterday afternoon when
by a verdict rendered a fine of SIS was
imposed on Special Constable 8. b..
Howell Of Justice Kirkwood's court ot
Meaderville, and he was given n day
in the county jail for the part he played
in an attachment suit some days ago.
The Silver Bow Drug company had a
bill of 81 against c. s. Parker. one "
the horsemen in attendance at the
Butte meeting. To recover. he began
attachment proceedings in Justice
Kirkwood's court and Howell was APP
pointed a special constable TO serve the
papers. He proceeded 10 the race
track and levied the attachment on
outlaw, one Of Parker's string. Accord
ing 10 the allegations set up by the
complainants. the horse was to start in
a race that day. and in order To allow
Parker to start the horse John Olson. n
friend Of Parker. put up a cash bond Of
S23. the amount Of the bill and Sc costs.
as security that the horse would be In
his stall the next day at noon. when
the constable should return to get him.
II the horse was turned over as per
agreement the 1923 was 10 be returned
10 Olson. Howell took the money and
came TO town. and. deducting his costs,
turned the balance over to Lawyer
Burt Marsh to liquidate the debt. How
ell did not go TO the track the next
day for the horse, and when the money
was not returned to Olson at noon as
agreed he complained to the county at
torney's office and a complaint charg-
H. IAn~a1 1r4NA YatsA % nc hnsfAa
was filed in Justice Ducie's court.
The case came to trial yesterday aft
ernoon before a jury in Justice Ducie's
court. Deputy County Attorney Yancey
appearing for the state and Attorneys
Cason and Marsh for the defense Park
err and Olson, the witnesses for the
state. testified that the facts were as
stated, n both swore the horse was
at abe stable ready to be turned over
TO the constable at the appointed time,
but he did not come. Howell for the de-
tense. admitted the facts as represented
by the state. except tnat he said 1t had
been his understanding that the horse
was to be brought into town and turn
ed over 10 him I'm front of the Silver
Bow block at the hour appointed, in
stead Of his having to go to the track
for the animal. He turned the money
he received from Olson over to Burt
Marsh and took his receipt for 1t, and
when the horse vas not forthcoming
he authorized Marsh to turn the money
over to the drug company, II being UNI
derstood that IL the horse was not
turned over according To agreement the
bond was to be forfeited and the money
used to liquidate the debt The de-
Tense produced a hostler from the
track TO corroborate Howells testi-
mony who said he thought he had
heard such an agreement as Howell
described.
The defense introduced in evidence
the receipt given by Marsh TO Howell
for the money n this turned out A
strong card for Prosecutor Yancey. who
in his argument pointed out that the
receipt showed Howell had turned the
money over to Marsh on the day ne
received It, first taxing out his fees,
without waiting for the life Of the bond
to expire. indicating, to his mind. an
intention on Howelrs part to violate
the agreement. Mr.. Yancey made an
other point of the fact that for a long
time complaints have been made perl
odically of special constahles misuslnS
their authority. He thought IL was
time an example should be made and
special officers given 10 understand
that juries would not uphold them n
violating the law by overstepping the
temporary authority vested in them
This doubtless had much to do with
the verdict, as the jury was out but a
short time and returned a verdict o.
guilty and skins the punishment at -,
fine and Imprisonment for one day.
The case Of petit larceny against j
Horton. who Is accused of fim-ham'
ming a visitor from the country out 81
s25. which was also set for trial before
Judge Ducie yesterday. was continued
owing to the Howell case consumln
81. .rHHFa aFHapnaan