The New era-leader. (Wagner, Charles Mix County, S.D.) 1911-1912, 1911-03-10

arc kuOWus duu mCSoAS. "A D oSCk
and j. e. Upton, the two Geddes at
torneys who assisted the attorney
appointed by the Supreme Court In
the matter, are generally commended
for their vigorous and courageous
prosecution Of the same. The court,
after stating the title Of the case and
briefly reviewing the history Of 1t. 60
on to say that with the exception Of
one finding, the conclusions Of the
referee will not be disturbed. Evil
IDENTIFY they consider that this one
charge as is shown by their decision,
was sufficient without taking up Any
more OF them. The decision further
reads:
.The 18th specific charge against
the accused in substance is: That
on or about the goth day of January
1907, there was a criminal action
pending in the Circuit Court, in and
for Charles Mix county, wherein the
state of South Dakota was plaintiff
and John Ham defendant; that In
said action the said defendant was
charged with the crime of grand
larceny, and one Peter Roy was an
important witness for the state. and
had been subpoenaed as such witness
in that behalf, and was then in at
tendance at a term of such court,
that said cas- was about to be brought
Oh for trial at Platte, in said county
al about said date; that said c. P.
Harlem arranged a meeting at his
Office in Platte between said witness
and said defendant, and that said de-
PENDANT then and there and with the
knowledge and consent and acquies-
cence of the said G. p. Harden drew
a check for five hundred dollars and
placed the same in the hands of the
said G. P. Harlem, who agreed to
hold said check pending the trial of
said action, and then and there stat
ing in substance that if the said wit
mes would assist said defendant by
giving false testimony in said criminal
action then pending, as aforesaid,
that would clear the defendant of
said charge, then he, the said G. p.
Harden would turn over to said wit
ness the said check, then and there
aiding and abetting the said defend
ant in attempting to bride and cor
rupt the said witness and induce him
to wear falsely in the matter as
hereinafter stated" The referee
made the following findings and con-
illusions of law as to the 18th charge
or count contained in the petition:
"That on or about the goth day of
January, 1907. there vas a criminal
action pending in the circuit court
in and for Charles Mix county, South
Dakota, wherein the state of South
Dakota was plaintiff and John Ham,
defendant; that in said action the
said defendant John Ham, vas charg.
ed with the crime of grand larceny,
and one Peter Roy was an important
witness for the state, and had been
subpoenaed as such witness in that
behalf; that said Peter Roy was In
attendance at a term of such court
at which said case of state of South
Dakota versus John Ham was about
to be brought on for trial at Platte,
In said county of Charles Mix, at
about January goth, 1907, that on the
evening before the commencement of
said term of said court, G. P. Harden
the accused, was in his Office in Platte
when Peter Roy and his son James
came into the Office of said G. p.
Harlem, who went out and brought
John Ham to the office with him;
there vas a conversation between the
parties present, John Ham and Peter
Roy went into the oom back of the
Office and remained there some time
when they returned to the Office G. p.
Harlem handed John Ham a check
book that had been sent to G.. p,
Harden for said John Ham; John Ham
took the wrapper of the check book
and after some conversation, drew a
check for $4,000 in favor of G. p.
Harden, in payment for the services
said G. p. Harden had rendered said
John Ham; that l find that the check
for one hundred and fifty dollars was
the only check that was drawn that
evening In G.. p. Harben's Office:
that I find that there was not a check
drawn for the sum Of five hundred
dollars that evening BY John Ham in
said ONCE, in favor Of Peter Roy; and
that the said John Ham did not on
that occasion and at that time make
out and deliver to said Peter Roy a
check for the sum Of five hundred
dollars. that I find that DriOr to the