Durango semi-weekly herald., 1901-10-31

of McCartney's demands, and giving
him general account OF the whole
matter. and asked his advice as tc
what Qtfiant had better do under all
the circumstances; that Mr. Johnson
told affiant that he would not mix up
in the matter himself in any way
and that the only proper thing for
afflant TO do was to positively refuse
10 haye anything to do with the af
fair; and that as under-sheriff he was
under no obligations to Mr. McCart-
ney in the way of assisting him in
securing the payment to him of a
bribe. and that he had much better
quit his office at once than to be con.
cerned in this transaction in any way
whatsoever and that affiant. acting
on his advice resigned as under-sher-
if on January T. 1901. and gambling
was opened in Durango on the follow
ing day; and that day or so before
afflant did resign. different members o.
the gambling fraternity of Durango
sought and had private interviews
with Mr.. Mccartney at his office in
the court house of atlantis own
hiloNlth6tr anu thut hbput 'i'
time. Mccartney told affiant that II
he (McCartney) got the money from
the saloon men, he would resign his
office as sheriff. and that If affiant
would agree to give him (McCartney)
a share of the fees of the office, he
would get the board of commission
ers to appoint atfiant sheriff in his
| stead, but that affiant must promise
TO protect the gamblers during the
balance of his term of office; but af-
| fiant declined to consider this propo-
| sition at all and resigned within two
days thereafter; and that on another
occasion. when Mccartney was dis
cussing the question of whether he
should keep gambling closed in Du-
range or allow the same to be run
openly, and in regard to his desire to
be paid by the gambling men to open.
he stated to affiant They have got to
pay me if they open up, as / will have
the name, and had Just as well have
the game" and that from atlantis
own knowledge of the whole matter
of the closing OF the gambling houses
in Durango on October fifth, 1900, by
| Sheriff p T. Mccartney until they
were opened up again on the eighth
| day OF January, 1901. with the full
| knowledge OF said sheriff, he is able
to say that they were closed by said
sheriff for the sole purpose of holding
said gamblers up for money to al
low them to run.
N IL. HARBAUGH.
| Subscribed and sworn to before me
~
tSEAL) FRANK GALLOTTI.
Notary Public.
NY commission expires Oct. 10,
1902
| We herewith submit items from
the verified bills and reports OF r. T..
| Mccartney. present sheriff of La Pla-
| ia county and candidate for re-elec-
| ton upon the Democratic ticket. as
the said bills and reports now appear
of record in the Office of the county
clerk and recorder of La Plata county.
We also designate where each bill
and report may be found. The items
are taken verbatim from the bills and
reports. with the exception OF the
word illegal" which is placed by us
| after those amounts to which he is
not entitled. We also submit the law
| in connection with the same, so that
| there will be no future equivocation
| in regard to this matter
| There is no statute law in the state
of Colorado allowing compensation
| for attendance upon the justice court
by a sheriff. under-sheriff or deputy
| sheriff, but ON the contrary the law
| in this regard was settled in the case
of Sargent VS.. La Plata county. 2l
Colo. l5S. In 1895, in which the court
uses the following language in regard
TO sum charged by Mr.. Sargent;
''The fee claimed by the sheriff as
stated in the fifth cause of action was
| for one days attendance by him before
"a Justice of the peace in the trial of
| a criminal action. While the con-
stable is allowed a per diem for his at
tendance at trial before a justice
| of the peace. we find no statutory au-
thority for giving to the sheriff any
| such compensation. He is allowed
a per diem for attendance before
court of record, but not before JUS
tice of the peace"
We find the following charges made
by Mr. Mccartney:
IAN 25. 1900 for attendance of
the Justice of the peace
court ....................s So 90
AprIl is. for same. 3 90
April 10, for same me.............. 3 90
April 80, for same. e.............. 8 90
as bailif county court. t.. 2. so
May l6, for same me.............. 3.OO
May 10. for same e........,..... 3 .0O
May 20, for same. e.............. ! 3.0t
May 20. for same. me.............. 90
May ~, for same. e.............,. 3.OO
July 10, for same. e.............. 100
July 10. for same e............. 3 90