Fergus County Democrat., 1916-12-28
OFFICER HENRY
CITED IN COURT
UNDE ERSTANDiNG WITH JUDGE
AYERS is QUICKLY REACHED,
AND MATTER IS DROPPED.
WITNESSES PUT IN AFF|DAv|Ts

Some days ago John Quinlan,
claiming to be an old resident of this
city, made complaint to the county at
torney that he had been wrongiully
assaulted and beaten up by Police Of
ficer O. w. Henry and upon this an
information was filed Ill the district
court charging the officer with assault
in the second degree. The list of
witnesses for the state was printed
In last weeks issue.
Thursday afternoon two of these
witnesses against Henry presented in
the district court nffidavits setting
out that during the day they had been
accosted by Officer Henry and warned
that unless they left town quickly
he would arrest them They were
told to notify still third witness for
the state in this case that the order
to depart from Lewistown without de-
lay applied to him as wen. The two
witnesses, Turner ana Britton, applied
to the court for protection.
Judge Ayers ordered that OFFICER
Henry appear before him and the lat
ter was in court shortly before S
o'clock. When Judge Ayers told him
that the two affidavits had been filed
and stated their purport. Mr.. Henry
| made an extended statement He said
he had been informed by the pro
| pretor OF a lodging house that these
two men had been hanging around
his place and had not paid anything
and were bothering him, so he told
them they would have TO get to work
at once or get out or town He de-
clared that he did not know they were
witnesses against him. Mr.. Henry
also sent word to this third man, who
also happens to be a witness. but his
action had nothing to do with the
pending assault case. He was simply
doing what the police were accus
toned to do in such cases. The two
men were pointed out to him by the
lodging house man, He asked the
] first one IL he was working and tod
him there had been complaint put
in about his hanging around the lodg-
ing house The officer said he sim.
ply told the man that II he did not go
to work he would have him over at
the police station. This man said he
was going to get out to Hilger Thurs
day afternoon. Mr.. Henry absolutely
denied intending to act improperly in
the matter.
Judge Ayers inquiry developed the
fact that the officer had not given
orders to leave town Thursday to any
except the three men and the court
said the statement was perhaps suf.
! ficicnt to consider that there had been
contempt. as II was II remarkable CO.
| incidence that the three men ordered
to leave all happened to be witnesses
against the officer. Judge Ayers talk
ed in very friendly way to the Off
Ger, stating that he should know that
il was wholly improper to try and get
! rid of witnesses In this way. II alb
solutely would not be permitted. How
ever. he had no desire to do anything
at all in the matter except to give a
warning that such practices must end.
! The citizens of the county would be
protected in their rights. Judge Ay-
ers said he did not believe that the
officer had acted upon his own motion
in thus ordering three witnesses
against him to leave the city, but had
acted under the advice OF superior
officer Such advice, he said, was
very bad The court said he was quite
willing to drop the whole matter with
! the admonition, but he would expect
/ Officer Henry to leave the witnesses
=, for the state alone, so far as there
continuing to reside here was con
cerned He could speak to them II
he wished to, but he must not use
threats of arrest and Imprisonment
to get rid of them.
Judge Ayers said he knew nothing
as to the merits of the case further
than had been related and had no in
terest in it personally at all, further
than to see that opportunity was given
| for the defendant to have a fair and
| impartial trial II seemed a singular
proceeding that Immediately after the
complaint had been made, one of the
witnesses left the next day for Chi
cago to buy goods, while now three
more had been ordered out of town
/ by the defendant himself.