Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-12-17
CHARGES ARE
PREFERRED
Much Talked Of Bribery Proceedings
Against Senator John D. Waite
Begun at Last.
cHAs. M'eARY FILES AFFIDAVIT
Highfield Stage Driver Alleges That
He Lost Two Passengers in Or.
der to Stay and Vote.

The much talked of bribery charges
against Senator-eleet John ID. Waite
have at last m~aterialized and are
hardly so radical as the ones rumor
had prepared. All OF the court pro.
ceedings are given verbatim below.
Affidavit.
State OF Montana, County of Fergus,
IS.
Charles McGary, being first duly
sworn, deposes and says: That he
Is a citizen and qualified elector of
Fergus county. Montana; that on the
third day OF November, 1902 A. D.,
at about the hour of three or four
o'clock in the afternoon, while stand.
ing in front of the drug store of Nc
Kechnie & Allan. | was approached
by Jack Waite. when he said: Are
you going to stay and vote tomor.
row." | replied that have two pas.
sengers to take through and | cannot
stay. He wanted to know where they
1.-THE passengers) voted at. and | re-
piled that | did not know whether
they had a vote at all or not. Jack
Waite then said to me: Let them
(the passengersD go, and stay and
vote" / replied that | cannot do 1t,
for | need every dollar that l can
make out of the line. Jack Waite then
said: "1ll pay half" tapped me on
the shoulder and said, stay and vote
for me; | am a man Of my word
He then walked across fhe street. |
remained and lost the passengers
but did not receive the pay as Jack
Waite had agreed.
CHARLES M'GARY.
Subscribed and sworn to before me
this fifteenth day Of December, 1902.
F. F. MCGOWAN,
Notary Public in and for Fergus Coun-
ty, Montana.
Before the district court at 1880
last evening. County Attorney Belden
offered the following motion:
In the District Court of the Tenth
Judicial District of the State of Mon
tana. in and for the County of Fer
gus. SIS.
State of Montana against John d.
Waite, defendant.
Comes now the county attorney on
behalf of the state in the above en-
titled cause and asks leave of this
court to lie an information in said
cause without examination before a
committing magistrate. This appli-
cation Is based on the affidavit Of
Charles McCary, which is hereto at
tached and made a part hereof.
o. w. BELDEN,
County Attorney.
Following are given the argument
on the motion and the decision of the
court:
In the District Court of the Tenth
Judicial District of the State Of
Montana, in and for the County of
Fergus.
In the matter of the application Of
the county attorney for leave of court
to file an information.
Tuesday, Dec. 10th, 500 p. m, 1902.
Court: A motion has been filed by
the county attorney and the hearing
set for tonight. asking leave of this
court to file an information in a GER
tam case without examination before
a committing magistrate, and the ap-
plication is based upon the accom-
panying affidavit. Mr.. belden, this is
OF your motion. Have you anything
to urge in behalf of it?
Mr.. Belden: Why. | have not, II
the rntrt p1aapA Tho nnntiop 10 paaAn
under a section of the Penal Code
directing the manner in which crimi-
nal proceedings shall be instituted,
and | have not had time today, my
ume being occupied in the curse of
this trial, to find out what the au-
thorities are, but | take 1t it only
calls for a construction of the statute
on behalf of the Court. The language
OF the statute, as the Court well
knows, is that the county attorney
may make an application to file an
information without the process of
a preliminary examination before a
committing magistrate. | do not
know of any particular matters of
fact to be urged in the case in favor of
the motion other than the matter of
expediency. The committing magis-
trate could only hear the testimony
and determine whether or not an ac-
ton was developed sufficient to war.
rant sending Il to the district court,
and inasmuch as he could not pass
a judgment in the matter, | thought
it well to act under the statute allow
ing the county attorney to file the in
formation provided the Court saw fit
to allow the information to be filed,