Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-28
The County Attorney Does Not
Approve of
KIRK WOODS WORK
Aud SO Expressed Himself in Judge
Ciancy's Court This
Afternoon

Charles J. Sward was released today
from the county Jail, where he has been
confined about two months. The release
was secured through the office of the
county attorney by Mr.. Connolly, asking
for leave not to file an information
against him. He gave his reasons for
it and they are warm ones.
About two months ago or longer a
masked man held up the saloon of Dom
mick Salki, at Meaderville. A day or two
later Sward was arrested by a constable
from Meaderville on suspicion of being
the man, but at the preliminary hearing
he proved an alibi. He was sent to Jail
by Justice kirkwood and the county at
torney knew nothing of his presence there
until yesterday.
In requesting the court to release Sward
the county attorney gave Justice Kirk
wood a hot roast for his action. He said:
The defendant was bound over to the
district court for trial by w. F. Kirk
wood, justice Of the peace of Meaderville
township, Silver Bow county, and the
papers in said case filed with the clerk of
the district court on the 18th day of
November, 1898; that the county attorney
first learned of the case on the 9th day
VI IA witch IN otIoii ~ -
the defendant called his attention to the
fact that such a case was filed in this
court.
"The defendant was charged with the
crime of robbery. The transcript of the
Justice recites the fact that the county
attorney was notified at the time of the
setting of the case, but failed to appear.
The county attorney himself never knew
of any such notification, and knows Of
no one connected with the county attor-
ney's office who was so notified. The
statement is made to the county attor-
ney by defendants Ounsel which state
ment Is borne out by the record. that the
evidence at the preliminary hearing dis
closed the fact that one of the witnesses
saw a man in one of the saloons of the
city of Butte after the robbery was COM
mitted and claimed to identify him as
being about the same size, physically,
as the person who committed the robbery.
The person committing the robbery was
masked, and two of the witnesses pre-
tended to identify the defendant by his
voice. The witness who first identified
the prisoner went back to Justice Kirk
wood, according to the statement made
by defendants counsel. and reported to
the justice that he knew the man, where
upon the justice, without notifying any
of the authorities, city or county, pro-
ceeded to draw up a complaint and issued
a warrant for the arrest of the defendant.
The evidence discloses no other testi-
mony thar the identification, or PRETEND
ed Identification, by the witness who ar
rested the man and acted az a special
constable at the instance of the Justice
of the peace in arresting the said de-
PENDANT, which said identification was to
the effect that he was about the same size
and appearance as the man who held up
the saloon of Dominick Salki. and that
he thought he recognized his voice. and
tho 1rtI1&,11 sc NJ. -: ~ -
tilted that he thought he recognized the
voice Of defendant. The defendant
proved an alibi by several witnesses. The
county attorney has notified this JUS
tlce on several occasions that he would
not prosecute cases in his court unless
the complaints were first referred to the
county attorneys office, who would draw
up the papers and appear at any hear
lngs necessary. The record does disclose
the fact that no continuances were grant
ed because of the absence of the county
attorney, and the record af1rmativelv
shows that upon the setting of the case,
there being no one present to represent
the county attorneys office, the said w.
f. klrkWood appointed one H. C. Worth
lngton to represent the state, the said
Worthinston not being an attorney at
law at thisb bar.
independent of the action of he JUS
tlce OF the peace in so proceeding with
oul any warrant from any of the authOri-
ties, the evidence is wholly insufficient
to convict, and the prisoner has been con-
ilned in the county Jail for more than two
months awaiting trial, without the
knowledge of anyone connected with the
county attorneys office.
The justice seems to have acted in the
entire matter in a name that is omen
to criticism, and as this has not been
by any means the first time such pro-
ceedings have been had on his part. the
county attorney has seen fit in this re-
quest to set forth the fact that the de-
d was arrested by one of the wit
nesses, who pretended to identity him,
having been appointed for that purpose
as a special constable by the court. and
that the court of it's own motion appointed
a person not a m of the bar to rep
resent the state in a case of serious i'm
p%ortance, and the further fact. that no
notification so far as the county attorney
is aware was ever given his office of the
fact that the defendant was bound over
to the district court.
Wherefore the county attorney asks
leave not to file an information and
moves the court for the dismissal of the
saidc case and the discharge of the defend
ant"