The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-10-05
HOLDING MCCLELLAN
MAN ACCUSED OF FRAUDS AGGRE-
:. COATING MANY THOUSANDS.
GOT sPUDs FROM IDAHO FIRM
Charged With Swindling People in
Five States-Writ of Habeas Cor
pus to Reduce Bail Bond Heard
This Morning.

John N. Kirk, the counsel for II. A. Nc
! Clelian charged with obtaining money
under false pretense, having obtained "A
writ of habeas corpus last night in the
case, today appeared in Judge McCler-
| mans court, to secure a reduction in the
defendants bail. The court made an
| order reducing the bond to $1,000 from
the sum Of S., 900, fixed by Justice of the
! Peace Arnold.
| Mcclellan is the man who was arrested
on Thursday at the instigation of an
| Idaho man named Harris, of the firm of
Harris & Company, dealers in produce
Harris charged Mcclellan with having
! swindled his firm out of a car Of pota-
! toes, worth something like $780, 1t is a
! case of the alleged obtaining of potatoes
under false pretenses.
| Judge Arnold committed Mcclellan to
! Jail under bail bond of $4,000, after the
latter's arrest. The bond was thought to
be excessive by the defendants attorney,
Mr.. Kirk. Hence. the writ of habeas
corpus. The application for the writ was
heard by Judge McClernan. before the
order was made, Deputy County Attor-
ney Yancey agreed to it.
Mr.. Kirk made the statement to the
court that the sum of which the defend
ant was accused of defraud:ng the po-
gued that S., 900 was too high figure at
which to set the bond. He said that the
return to the writ of habeas corpus
showed that it was alleged by the public
prosecutor that Mcclellan was guilty Of
other offenses. but contended that the
bond was confined to the prosecution in
hand and could not be spread over sew
eral proposed prosecutions. He asked
that the bond be reduced to $1,000 or
! 81, 900.
In replying to Mr.. Kirk Mr.. Yancey
made some interesting statements re-
garding other crimes alleged against Nc
ClelIan. He said that while Mcclellan
| was charged only with the one offense
thus far, the authorities were the pos
session of information indicating in their
opinion that he was guilty of many
frauds all over the country. in which he
had secured from his victims from $1,000
to $4,000
The writ was secured last night at
about II o'clock. and the prosecutor
stated that he had had little time to get
up the return upon it. But he had wit
nesses, he said who could testify to
good many fraudulent transactions in
| which the defendant had victimized
other people beside the produce COM
pany.
| He made the statement that Detective
| Murphy has correspondence in which
Mcclellan is accused of duplicating the
potato transaction in the states of South
Dakota, Washington, Utah. Idaho and
Montana, and said that the county at
| torney's office is anxious to hold the lat
! ter for investigation on the other
| charges. In view Of this. he thought
that the bond of $1,000 was not excess
| sive.
| He said that the county attorney had
| information that Mcclellan had or
| dered three suits of clothes and was
preparing to leave the country when ar
| rested. and that if the latter could get
out Of the present charge for $1,000 or
| so he would he glad to do so.
! a good figure for bond. and County At
| good figure for a bond. an County At
| torney Breen remarke that the bond
was an immaterial thing, since he would
arrest Mcclellan again Immediately as
soon as the latter furnished the bond
| and was liberated upon it, and prosecute
| him for other offenses
| 1t is alleged that Mcclellan has been
| committing frauds against shippers of
| goods at Butte for three or four months
| pat. 1t is said that when the goods ar
| rived accompanied by side draft Nc
| Clellan always absolutely refused to re-
ceive them; but that when he could take
possession of them with his bill of lad
| ing he did so and Immediately turned
them over to dealers here at a slight dis
count, thus making quick sales and
Nv, 70