Barbour County index., 1910-12-07

AAANA ~'AAo % ONOOA anu 4t41 SAAOAO
had made, she trading a drug store
in Chillicothe, Mo-, and he trading
her $40 acres of Barber county land
and taking a mortgage back from
her for $6500.O0. She appeared
in that case represented by Noble &
Tincher and contested the mortgage
and filed a Cross Bill against Mr.
Circle for several thousand dollars,
charging fraud in the real estate
deal. This case went through sew
eral terms of Court on technical
matters, getting the pleadings ready
for trial, and the case was not
reached until FEBRUARY, 91O,some-
thing over month after 1 had be-
come County Attorney. 1t was a
civil suit and did not conflict in any
way with my duties as County At
torney. At the trial Of the case in
February, 1909 Mr.. Circle was
beaten and Mrs Potter's attorneys
thought that the charge of fraud
L1o OCOA plONVI SO IudI
Mr.. Circle ought to be arrested on
a criminal charge. Mr. Noble asked
me if 1 would have him arrested,
but told him that as 1 had been
representing his interests in the civil
suit for over year, l was not in
a position to prosecute him and that
no Court would permit me to do so.
He then asked if l wanted to use
my official position to prevent his
being prosecuted, and 1 told him
that 1 did not, and that if he wish
ed to prosecute him criminally he
might lay the matter before the At
torney General and be appointed as
Special Prosecutor and 1 would not
object to the prosecution, on the
condition that the County should
pay no Attorneys fees for prosecut-
ing the case. This was agreed to
and both Mr.. Noble and 1 made a
statement of the case to the Attor-
ney General, stating my position,
and Mr.. Noble was appointed as
! Special Prosecutor. Mr.. Circle was
arrested and bound over and was
finally brought to trial in the Dis
trict Court on the criminal charge.
The jury disagreed and the case was
set down for a later term for re-
trial A DR.. Williams was produced
1
| by Mrs. Potter, the complaining wit
ness, who testified as to Mr.. Circles
presence in Chillicothe for about ten
| Circle declared that this testimony
was absolutely false and that Dr.
Williams had committed perjury Mr.
Circle and his lawyers came to NE
and demanded that DR.. Williams be
arrested for perjury. The court re-
porter transcribed his testimony fol
me and after reading same and con
sulting Mr.. Circle as to whether he
could prove the falsity of the testi
mony, l issued a warrant for DR.
Williams. He was intercepted a
Wellington and brought back for {
preliminary hearing. The Justice
DIR. Tedrow, bound him over to tht
District Court His attorneys were
quite indignant and called upon the
District Judge to realease DR.. vii
liams upon habeas corpus. judge
Gillett refused to do this and l be
lieve this shows that the case wa
brought upon sufficient foundation
: DIN. Circle was the prosecuting wit
ness against Dr. Williams and Mrs
Potter was the prosecuting witnes
against D. NJ. Circle. Scott Miller
an attorney in Chillicothe, was on
of Dr. Williams's attorneys and wa
: also the confidential adviser of Mrs
Potter. 1 cannot testify as to thi
point, but it seems at this stage o
the proceedings the prosecuting wit
nesses got together, and l know
that Miller's influence was instru
mental in bringing this about. .Whe
the two cases against DR.. William
and Mr.. Circle were called for tria
neither prosecuting witness appear
ed to push the proceedings and tn
cases were dismissed by default
This resulted in the County payini
quite a large amount of costs, bu
a careful examination of both case
more fully than 1 have space to use
will disclose that it was no fault o
Mr.. Mobiles or mine.
These are about all Of Mr.. Mar
tins charges which have been motto
ed to any extent, and space forbid
taking up everything which 1 hay
heard he has said in his stump cam
paign over the county. In the be
ginning he published a card whic
, was scattered broadcast, containin
in itself no charges but which eI