The Glenwood post., 1906-02-24
SWIGART'S CALF
GOES TO GRASS
Charge Of Cruelty Against George
Swigart Withdrawn and Case
Is Dismissed
ptRHAn TAXED WITH THE COSTS

The case Of the people versus
George Swigalt, which had created
considerable stir the past week, ives
set for trial last Monday morning
before Judge Hedden, but at the
opening OF court the defendant took
q change Of venue, and Judge Wittsn
was selected to listen to the story Of
Eldredge Perham as to how Swigart
had brutally beaten a calf contrary to
the statutes in such case made and
provided.
The courtroom was filled with wit
nesses and spectators. principally
from Carbondale and Satank, the
offense having been committed. so it
is said, at the latter point.
District Attorney Gentry was not
present but was represented by Judge
Noonan. while Agent Kerr, of the
State Humane society, was present to
contribute Of his experience and ad-
vice.
Mr.. Swigart was represented by
CHARLES W. Taylor. while the Roar
ing Fork and Eagle River Stock as
sociation was sufficient, interested in
the case that they had employed Dis
trict Attorney Hogan, of Brecken-
ridge, to appear in Swigart's defense.
As soon as the court set the wheels
in motion, Judge Noonan arose and
asked that an order be made dismiss
ling the case. Mr.. Hogan at once
asked if that was without prejudice.
land Noonan said they might want to
Ibring it up again. he said he was
mot the district attorney, and he
could not say what Mr.. Gentry would
Ido.
This was far from satisfactory to
1the defense. and Mr.. Swigart's at
torneys vigorously objected to any
such procedure. as they said Mr..
ISwigart was either guilty or he was
mot Mr.. Hogan said that the de-
fense did not hesitate to declare that
there never was any reason for bring
king the case, and that Mr.. Perham
was influenced by personal spite and
that the prosecution was malicious
from start to finish. He said the de-
Ifendant was in court with his wit
Inesses to prove his innocence, and
Iinasmuch as the prosecution had prac
ktically admitted that they could not
secure a conviction, he thought malice
should be presumed and the costs tax
ed to MI. Perbam the prosecuting
witness. not only that Mr.. Swigart
might be vindicated but that others
might be deferred from bringing sim
liar charges on malicious grounds or
where it was impossible to secure
q conviction.
Mr.. Taylor said the cattlemen
were interested in the case and
they. too. wanted to know whether
they could take care of their stock
without the interference of some ir-
responsible party who might at any
time bring malicious charge against
them. He said the number of cattle
men in the courtroom showed their
interest in this matter and their con-
6dence in the defendant. He asked
that the costs be taxed to Perham.
and quoted law in support Of his con.
tention.
Judge Noonan declared there had
been no proof that malice existed, and
said that was the first notice to him
that malice could be presumed. He
thought i. always had to be proved.
He said under the law the district at
torney was not obliged to give his
reason for Diminishing case, but
said he was unfamiliar with this kind
of practice; he thought IL the case
was to be tried the district attorney
himself should prosecute. He said
he was dismissing the case against
Mr.. Perham's s wishes and advice. and
therefore 1t was not right to tax the
old gentleman with the costs.
Judge Witten said he would pre-.
fer to hear the case, whereupon
Noonan announced that he had no
further use for his witnesses and asked
permission to retire from the court
room. At this Judge Witten recalled
his previous order and assessed the
costs to Perham. and thus was ended
a peculiar case which at one time
threatened to furnish considerable
amusement to 4lsnwood fun lovers