Great Falls tribune., 1922-04-18

EFREED UPON
TECHNICALLY
Liquor Case Against Former
Alderman Is Dismissed by
Judge Ewing.

Through technicali,y. the liquor
| case against Joseph McClintock. for
| mer deputy sheriff and former member
of the city council which has been pend
ing in district court since March 16
1921, was Monday dismissed by Judge
II. II. Ewing OF motion OF J. W. Speer
counsel for the defendant: The case
was to have been tried by jury. Dis
missal was granted by the court or
grounds that the action was not
brought to trial within six months after
the filing of the information.
After Mr.. Speer had stated his mo-
ton to the court, Judge Ewing asked
County Attorney w. J. Tighe if he had
anything to say about the motion. Mr.
Tighe told the court that the law made
it clear that the case was outlawed
Officials who attended the proceedings
said Mr.. Tighe attempted to center the
responsibility on former Deputy Coun-
ty Attorney +. A. Ewald, who refused
the offer of the chief deputyship under
Mr.. Tighe when he became county
attorney, and who filed the informa
ton against McClintock
Crowd Sees Political Maneuver
Mr. Tighe's remarks were viewed by
the courtroom crowd as indicating an
other chapter in the differences which
have divided Mr.. Ewald and the pres
ent county attorney for several months.
The history Of the case is, according
to officials, that Mr.. Ewald filed the
complaint at the request of Sheriff
Bob Gordon, who demanded action by
the county attorneys office. After
the information was filed, II. G. Ben
fhoy, ny1ntoi
having expressed great indignation be-
cause Mr.. Ewald had acted without in
structions. He is also quoted as de-
claring that he contemplated asking for
Mr.. Ewald's resignation because he had
acted on his own initiative.
Records in the office Of Clerk of the
Court Alex Remneas show that the
case was continued on May IA. 1921,
the day it was set for trial, on writ
ten motion signed by former County
Attorney Bennett. The motion was
based on affidavits signed by Mr..
Ewald and Gene Van Vert. state sher-
iff, that j. L. Eason, material wit
ness in the case, would not be able to
testify on account of having been sub
poenaed as witness in a federal court
case in Butte.
The case was passed until the next
calling of .he calendar. October 81,
1921. but the records do not show who
failed to put it on the calendar. At
the next calling Of the calendar, the
case was again passed, but the records
again supply no information as to who
was responsible. Court officials, who
are familiar with the case, assert that
Mr.. ISghe represented the county at
torney's office at both Of the calendar
callings.
Liquor Was Seized
McClintock was arrested March /
1921, after officers from Sheriff Bob
Gordon's office had searched the Bel
mont hotel, 3061a First avenue south
and seized quantities of assorted
liquors. The former officer is alleged
to have sold a quart bottle or whisky
and a case containing II bottles to
Alex Russell. who delivered them to
Eason and Van Vert. Official infor-
nation on the case show that McCIin-
took was given marked bills in pay
ment for the liquor he is alleged to
have sold.
During the time the McCgintock case
was being passed at the calendar call |
ngs, it was talked at the county attor-
ney's office that the case might be |
transferred to the federal court. |
Carl Cameron, counsel for the ma
tional prohibition enforcement office |
was present at She proceedings in !
court Monday and it is understood that /
ne will make an effort to file and |
prosecute the case in federal court. |