Fergus County argus., 1902-12-24
WAITE CASE
DISMISSED
Mecary, the Hishfeld Stage Driver,
Cannot Be Found When the
Case Is Called.
HE WAS CITED FOR CONTEMPT


When Senator-elect John d. Waite
was arrested last week on the infor-
nation of A. T. Harvey, based on the
affidavit of Charles McCary, charg-
ing him with bribery no sensible per-
son who knew the motives underly-
ing the charge and parties preferring
1t believed for a moment that II
would amount to anything, and this
opinion was proved to be correct
when the case was called for a pre-.
liminary hearing before Justice
Mcfarland Monday morning at 10
o'clock. At the appointed hour quite
a crowd had gathered at the justice
office, more out Of mere curiosity
to hear McCary's testimony in sup
port of his affidavit than anything
else. Senator Waite, his attorney,
Rudolf Won Tobcl, and several wit.
nesses were there on time. ready and
anxious to have the case called but
McCary did not show up. After
waiting for half an hour Sheriff Shaw
went on hunt for him but was un-
able to locate him anywhere. Arthur
Harvey also Instituted a search for
the man whose affidavit supported
his Information but even he was un-
able to find the gentleman who Is
smarting under the indignity of fail.
ing to get paid for his vote. He was
seen In town late Sunday night and
his stage did not leave Monday morn
ing, nevertheless at 10 O'Clock, the
hour on which he knew he was need.
ed In the court room as witness in
an important case, he was not to be
found, high nor low. After waiting
over an hour Attorney Won Tobel
moved that the defendant be dis.
charged because of failure to prose-
cute, and the motion was sustained
by Justice Mcfarland, and the great
bribery proceedings were over.
No one was more disappointed at
the failure of McCary to appear than
the Waite party. They were more
than anxious to get the Highheld
stage driver on the witness stand and
subjsct him to cross examination.
But McCary failed to come and that
was the end Of II so far as Senator
Waite was concerned, but uut 30 far
as McCary is concerned, an County
Attorney Belden has issued n cita-
tiOn for him to appear in court and
face the charge of contempt. The
,kax fa An fhpfv
the action and 1t Is not the intention
of attorney Belden to allow a 'disre-
putHble bribe seeker like h-cCary to
cause such expense ON some frivo-
lous pretext and not be punished for
1t. There are witnesses from both
parties to prove that McCary is
fellow utterly without repute and at
tempted in more than one in
stHnce during the last election to
''work" candidates to pay him for his
ballot, which glorious American
privilege he evidently believed in
making the most of. Because Jack
Waite was above his contemplate
solicitations, he wilfuliy perjures
himself in a miserable attempt to
annoy Waite. But infamy and cow
ardice generally go together and
when the time came for him to ap-
pear In court, face the man whose
name he attempted to besmfrch. and
orally swear to what he wus SO will
ling to swear to on paper, he fafled to
appear and placed himself out Of the
reach of the officers who would bring
him into court.
It has been learned since the hear.
ing that a portion OF the evidence
which Mr.. Waite was prepared to Of
fer was in the testimony Of w. e.
Cort and Mark Kimball chairman and
secretary respectively Of the Demo
cratic county committee. and of 9th.
ers that McCary had approached
them with the same sort of propo-
sition regarding his remaining over
and voting on election day; also that
he swure to and obtained payment
from the board of county commits
sioners of a claim for carrying elec-
tion returns which other evidence
would go to show was false. Mr.
Waite was amply prepared to not
only defend the charge against him
self but also to prove the character
and practices of the affidavit maker.