Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-18
At TER OUFFY'S
OFFICIAL HEAD
COUNTY ATTORNEY FAILED IN
HIS DUTY.
MELLOY NOT PROSECUTED
DUFFY REFUSED TO CONSIDER
HIS CASE UNDER ANY
CONSIDERATION.
Special to Inter Mountain.


Anaconda, Mont, March 1S-The first
of a sensational action was filed to-day
in the office of the clerk of the district
court against County Attorney John H.
Duffy, which is intended for the removal
of the latter from the office he now holds,
on the grounds of his failure and refusal
to prosecute a criminal action to which
his attention was called several weeks
ago.
The particular case referred to is that
| of Teresa Hobson, who fell a victim to
mans lust, according to the complaint,
about the 18th day of March, 1900, under
the promise of marriage by one John
Melloy, and her indiscretion bore fruit
in the birth of a female child on the 18th
day of last December, which is still liv-
ing.
The atfiant, Miss Hobson, alleges that
on February LIST of the present year she
went to the office of County Attorney
Duffy to consult with him concerning the
prosecution of Melloy for the crime of
seduction and stated to him that she
had evidence corroboratve of her own
evidence that Melloy was the father Of
her Child, and of the seduction, that she
could prove by competent evidence that
Melloy, before the child was born, pro-
cured for her rooms at the home of a
Mrs. Karstadt in Butte and that after
the child was born he procured for the
| a1nant medical care and nurse attand-
ance.
1t is alleged that after a statement
of the case he refused to prosecute it
or to even file a complaint against Mel
10y.
On the 9th inst, the affiant claims that
she filed in the office of James duane,
justice OF the peace, her complaint under
oath, accusing John Melloy of the crime
! Of seduction, but she declares in the
complaint that the county attorney again
showed his unwilingness and refused to
| prosecute the case for her.
Mellpy was arrested on the 9th inst,
by constable Jake Rentz and held to
answer to the complaint issued out of
the court of the justice named and it is
alleged that shortly after the arrest and
arraignment, Mr.. Duffy, as county attor-
ney, appeared and demanded the dis
missal of the charge against Melloy, at
the same time declaring that he would
not permit the case to be prosecuted,
nor would he file an information in the
dictrict court. Melloy, however, ap-
peared before Justice Duane on March
llth, waived examination, and was held
by the court to the district court in the
sum of $500, which he secured
The aftiant prays that such proceedings
be had that the county attorney be cited
to appear and show cause why he should
not be removed from office, for failure to
perform his official duties and for such
other relief as may be just.
Appended to the complaint is the af-
fdavit of James Duane, justice of the
peace, IN which he states that Mr. Duff
fy appeared in his court and asked
whether complaint had been filed in
his court by Teresa Hobson against John
Melloy, and being informed that there
had been, he made the declaration that
1, as county attorney, order you to dis
miss that case, l will not permit it to
be prosecuted, l will not file an infor-
nation in the district court, even if YOU
hold him over; will see that the coun
ty commissioners do not allow you any
fees for the services you render in this
case; l will not allow that woman to
prosecute that case in this countvr
Ihe action was brought in accordance
with section 1915 of the penal code, which
provides that not less than 1O or more
tnan ~ days after presentation of the
acquisition in writing, amongs other
Things for the failure of an officer to per-
form his duty, citation shall issue re-
curing the party charged to appear The
nearing is summary proceeding without
trlal II the acquisition proves to be true
the Judge OF the district court is author
lied to enter judgment Of removal and
costs.
c. j, Walsh appears as the attorney
against Mr.. Duffy.