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

Cotu ~ NiAduiucAldlu duu III HE oAiCc.
He well knew that Peter Roy was to
be a witness for the state on the
trial of John Ham, and 1t was, in my
opinion, improper to be with Peter
Roy for any purpose, especially to be
with Peter Roy when John Ham raj
also present"
On the hearing OF this proceeding
it was stipulated that the evidence
of Peter Roy and the evidence of
John Ham who testified in the case
oil the State VS.. Ham on the trial of
that case In the circuit court, should
be read from the reporters tran
script as the evidence of Peter Roy
and John Ham in this proceeding.
Peter Roy testified that in January,
1907, during the week preceding the
trial of the State VS.. Ham, he
met the accused and John Ham al
the Mussman hotel, Chamberlain,
South Dakota, where they had follow
ed him, and where they had a CONVEX
sation regarding his testimony to be
given in the case of State vs.. Ham,
wherein John Ham was charged with
grand larceny in having stolen GER
tain cattle, that they were trying to
get some deal out of him; they want
ed him to stand p%at-give testimony
that would clear John Ham; On Mon
day night. before the trial commenced
I went to the Office of G. P. Harlem
at Platte by p~reconcerated agree
ment. In Harben's office John Ham
made out a check for five hundred
dollars and placed it in Harben's
hands to be paid to me if I stood pat
and cleared him. On the trial of the
case of State VS.. Ham, John Ham, the
defendant went on the witness stand
in his own behalf and denied that a
check for five hundred dollars had
been made out and SO offered to Roy
but Ham admitted conversation with
Roy on the subject of his testimony
at the Nussman hotel and at Harben's
Office OH Monday night preceding the
trial. Ham also then testified on his
trial that there was a check for n
hundred and fifty dollars made out
and delivered to Harden for his SER
wees as his attorney at this meeting
in Harben's Office. 1t was stipulated
into the record in this proceeding
that Peter Roy was a subpoenaed
witness for the state in the case of
State VS.. Ham pending in the circuit
court in Charles Mix county, wherein
John Ham was charged with stealing
cattle that the witness, Peter Roy,
gave testimony that he ferried the
stolen cattle across the Missouri riv-
er for John Ham. On this proceeding
John Ham, by deposition, testified
that he is now in the State penitenti-
airy at Sioux Falls, and that G. p.
Harden. the accused, vas one Of his
attorneys; that he was present at the
office of Mr.. Harden in Platte, about
January, 1907, when Peter Roy, G. p.
Harden and himself we're present,
that ne drew up and signed a check
for Eve hundred dollars and placed it
in Harben's hands; that Immediately
before drawing the check, Harlem
told him that he had better draw that
check we were talking about at
Chamberlain; that Harden said to
Roy, There's five hundred dollars in
this thing if you keep your mouth
shut, or stand pat, and give in evil
dence that will help John out
Of this thing" that the check was
drawn to give to Peter Roy to keep
his mouth shut in that trial. That Har.
ben and / had a conversation at the
Mussman hotel in Chamberlain about
ten days previous. l was willing to
do almost anything to get out. Har-
ben said he didn't think there would
be any doubt that he could fix Peter
Roy for five hundred dollars, and ]
told him / would give him five hun.
dred dollars quick, for him to keep
his mouth shut. Harden said we
would all get together in his Office in
Platte on Monday night before the
trial. The accused himself testifying
in his own behalf in this proceeding
denied that John Ham OF the Monday
night in question made out and gave
to him a check for five hundred dol
lars or any other amount to be given
to Peter Roy to influence his testi.
moy in the case of State VS.. Ham OF
that the accused in any name ever
did anything to induce Peter Roy to
give false testimony on the trial
thereof.
We are of the opinion there is q
clear preponderance of the evidence
in favor of the truth of the allegations