The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1911-03-21
ON MOTION or COUNTY ATToR.
NEY MULRONEY CHARGES
ARE DISMISSED.
TH|RTy-ONE COUNTS co
True Bills Returned by Recent Grand
Jury Are Made Null and VOID by
Action Of Court-Prosccutor Gives
Reasons for Step, But Says That All
But One Are Technically Guilty.

Yesterday morning In the district
court Judge t. e, Webster dismissed
the indictments against y. r. curran
Frank Nelson and Tyler Wordcn eoun-
ty commissioners. Andrew Logan,
mayor Of Missoula Gus Braman. III.
l.. Bayes. Sels Jensen, Gaspard Des-
champs and j. II. Moody, aldermen,
and &. T., knmpe, state examiner.
This action was taken after County
Attorney Mulroney had made II mo-
iion recommending that the lndict- >
ments be dismissed. Mr.. Mulroney
gave several reasons why the charges
should not be prosecuted. but said that
lie believed there had been violations
of the law In the ease of every one
of the ten men, excepting Mr.. kumpe.
Thirty-o one indictments We're dismissed
yesterday. distributed as follows: ID.
r. cllrran. nine: Frank Nelson. four.
Tyler Worden one: Andrew Logan,
eight. Gus Broman. three: II. j..
Baycs. one: Nnls Jensen. three. Gas
pard Dcsehamps. three: G. u. kumpe.
one; }. Il. Moody, one. All of the
county and city officials were indicted
for selling Or being interested In con-
tracts In violation Of the statute regu
latlng the relationship Of officials and
the districts they represent
Mr. Mnironey's motion IA fnll II:
The Motion.
Edward r. Mnroney. being first
duly sworn on his oath dnpnses and
says. that he II the duly elected. quail
filed and acting county attorney o.
Missoula county. Montana: that upon
n careful examination into all of The
eases now pending against ID. I. Cur
ran, Frank Nelson. Tyler Worden
county commissioners: Andrew Logan
mayor. and Gus Broman, II. J.. Bayes
j. T.. Moody, Sels Jensen and Gas
rard Dcschampa, aldermen. and G, T.
kunipc, state examiner. he now pre-
acnss the following to the court:
THAT the indictments against The
above named defendants agere gate
the number of 81 and that each Il
10 be tried separately. that new
jury Will be required in the trial ol
each ease and that owing To the fael
that these cnses have been given very
wide publicity affiant believes that ar
unusually large number of persons
drawn as jurors would be disqualified
by reason of having IN opinion ono
way or the other and that therefore
nn unusually large panel Will be re-
qnred I'm the trial of each case. tha
the drawing of the necessarily larg,
number of jurors would mean grea
expenditure of the county's money ant
perhaps place a heavy burden upon III,
taxpayers Of this county
That affiant Is firmly impresse,
with the idea, after discussing TIL,
matter with various citizens Of thi
county from all walks of life, that nj
though there has clearly been Vi
nlation of the law by all of the aboy,
named defendants except IN the cas-
oi {, l.. kumpe. n conviction coul,
not be had for the reason that 81
many citizens openly declare that b,
reason of the fact that the violation
have been only technical ones an,
that no harm has been suffered b.
the county they would never vote fo
conviction If called upon To serve II
jurors. Affiant therefore believes iha
the trial Of these eases would rnsnl
in dlsagreements by the juries calle
To Try them and that no good pnrpos
would be seryedsthereby.
"Affiant as above stated has dis
cnased these eases with a large mum
Der Of citizens of this community wit
II view of acertaining the attitude q
the taxpayers Of this community rel
alive thereto and finds that by far III
greater majority of the citizens an
taxpayers of this community wit
whom affants has discussed the mat
ter believe that it would he proper an
To the best interests Of this com
I1nnI iHll,nl On Do Gi,. \