Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1903-08-20
N. H. HARBAUGH
CASE DISMISSED
Involving County in Needless Expense
to Prolons the Case
ONLY FOUR WITNESSES EXAMINED
Another Charge Made-Against
Harbaugh and Goldsmith.

M. II. Harbaugh, who was re.
Gently arrested in Lewiston on a
charge of conspiracy to bribe GER
tain officials of the state land
board, was given hearing in the
Justice court of Judge Jaques last
Monday, and after whole day OF
a rigid examination of witnesses
for the state, the case was dis
missed upon motion of Prosecuting
Attorney Griffith. There were
about 20 witnesses supoenaed by
the state, but only four of. these
We're examined by the court, which
took whole day, when the prose
cutting attorney made the follow
ing statement: "After listening
attentively all day to the examina-
tion of witnesses Offering evidence
for the state, l have not heard one
scintilla OF evidence of an incrimi-
mating character against the de-
fendant, M. H. Harbaugh, and
it is useless to prolong thecase and
involve the county in several hun
dred dollars needless expense.
therefore move that the case be
dismissed"
Clay McNamee, who was the ex-
amining attorney for the plaintiff,
said that he would like to see the
case proceed further as the wit
nesses who had been examined
(four in number) had sworn con-
trary evidence on the stand than
that they had told him before. But
the prosecuting attorney thought,
as the testimony Of these four wit
nesses was practically the same
and that they were known to be
upright and honest men, that the
testimony of the remaining wit
nesses would be about the same as
had been produced.
The evidence produced in the
case substantiated the statement
made by Mr.. Harbaugh to the
FREE PRESS last week, which was
in substance as follows: That Mr..
Harbaugh went to each of the set
tiers of the Joseph country and for
the sum of $50 each agreed to use
his efforts and influence in secur-
ing their rights to file on certain
lands now held by the state of
Idaho. Judge Scales, who ap-
peared for the defense, made no
suggestion for a dismissal of the
case.
The assertion was made that Mr..
Harbaugh and one John Doe were
co-conspirators in the matter of
securing this money, bnt the evil
dence produced failed to show that
any such man as John Doe existed.
c. L. Kemp Commonly known
as "Sandy") was used by some of
the men who have figured promi.
nently in the Joseph Plains con-
troversies as the one best fitted to
swear out the complaint against
Harbaugh and when finding that
the case was likely to be dismissed,
it was suggested that a warrant be
sworn out for the arrest of M. L.
Goldsmith and M. H. Harbaugh,
charging them with misrepresenta-
tion to the state land board of the
mineral section in the Joseph
country, but U. S. Attorney Cozier
of the district Of Idaho, on learn
ing of the arrest, telephoned to
Land Commissioner DeHaven, be-
fore whom the complaint was filed,
to release Messrs. Harbaugh and
Goldsmith on their own recogniz-
ance. Attorney Cozier said he
would take the responsibility upon
himself to investigate the matter.
Norman Jackson, clerk of the
land board, and M. L. Goldsmith,
selecting agent Of the board and
who is highly respected citizen
of Nez Perce county, left Tuesday
for their respective homes. They
could not tell just what the board
would do in the matter of relin-
gushing the lands selected by the
state, but as the state failed to
publish notice of the withdrawal of
these lands in accordance with the
law, it's rights were forfeited to all
lands settled upon prior to May s,
1908, and on account of such fail
ure the state can only exercise it's
general preference right Of 60 days
from date of the filing of township
plats. The state land board being
apprised of this irregularity has
proceeded to investigate the claims
of all those who have settled with
in these townships covered by the
recent filings, and it is believed
it will relinquish to all those who
have made bona fide 90"
prior tc ~ SoUeieIhent
w may ., 1905.