White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-02-18
,pce J. McFadden himself prepared a

ence j. M~cFadden hlmSelI prepareu d
purported writ of execution and en-
tering the vault of said clerks ONCE
seized the seal of said court and I'M
pressed the same upon said alleged
writ. That said Clarence J. McFad-
den then personally presented said
purported writ 10 the sheriff OF said
county and made demand upon him
that he, said sheriff. pay the said
sum of $2,100 specified therein, to
him, the said Clarence j McFadden,
out of the public monies belonging to
said county in the hands OF said
sheriff: that said sheriff likewise re-
fused to obey said demand or to make
payment of said sum and the same
was not paid.
That by a decision of the supreme
court of Nevada in the case of the
William J. Burns Detective Agency,
Incorporated. VS.. George Doyle, Ed
Willard and E. C. Hair. pending be-
fore it, the aforesaid contract was
adjudged to be illegal and against
public policy. and the aforesaid en-
ployment of said detectives on behalf
of said grand jury was held to be un
lawful and unauthorized by law.
The published accounts of all the
last aforesaid matters and acts of
said Clarence J.McFadden were print
ed in the public press and widely
commented upon, and have brought
shame and disgrace upon said ju-
dicial office and said court.
SPECIFICATION G.
That the said Clarence j. McFad-
den, while acting as such Judge, has
wilfully omitted and neglected to
sign the court minutes of his said
court for many months at a time:
that said minutes have not been
signed since May /, 1922, and until
January 8. 1928, although he has
been repeatedly requested to sign
same, in order that the clerk of court
might furnish attorneys and litigants
with proper certified copies thereof.
SPECIFICATION II.
That the said Clarence j. McFad-
den, while acting as such judge, has
wrongfully and wilfully used his Of
fetal power to publicly humiliate and
bring odium upon reputable citizens
of said county. and also by wrong
fully and wilfully withholding official
action and by refusing to act in his
official capacity has knowingly al
lowed injustice to be done such citi-
Gems, and has w~ilfuIly, knowingly and
and libelous charges to be openly and
publicly made in his court concern
ing such citizens. in particular as
follows:
That in the month of February,
1921. the grand jury or White Pine
county made and presented to said
Clarence J McFadden as such Judge,
in open court, a written report OF it's
proceedings. in and by which report
the grand jury charged three certain
members of the board of county COM
m~issioners of said county. towit,
John Weber. Willis f. Meyers and
Robert l.. Tucker, with grating.
with misapplication of the public
funds, with knowingly committing
dastardly outrages upon the COM
munity, and with various other acts
of malfeasanee and m~isfea<ance In
Office, and stating that they should be
forever barred from holding Office
anywhere. But said grand jury re-
turned no indictment or presentment
against any person for or on account
of any of said matters or charges.
That the aforesaid charges puYported
to be based upon certain figures and
items OF expenditure which were set
forth in said report.
That afiant is informed and be-
lieves and alleges the fact to be that
said report was submitted to said
Clarence j. McFadden in chambers
before being presented and 3Ded In
open court. and that he read over and
approved of same. That within TWEEN
ty-four hours after said report was
presented in court the county auditor
of said county informed said Clarence
y. w dhutH ina AHf diOi tultHllOUtu
figures and items of expenditure on
which said report was based were
grossly Inaccurate and excessive, and
ne requested chat said Clarence J
McFadden, as such Judge. recall said
grand jury for the purpose of cor
recting its report in that respect;
that said McFadden refused TO do so.
That thereafter said three mem
beers OF said board of commissioners
in writing requested said Clarence J
McFadden to reconvene said grand
jury and to direct ii to indict said
members Of said board If the grand
jury had evidence of the crimes so
charged by II, or otherwise TO retract
the charges and to apologize to said
members for the wrong inflicted:
that at said times said three mem
bers did not know of the Inaccuracies
In said figures in said report. That
said Clarence j. McaFdden there
after recalled said grand Jury, but
did mot patI fbair attontfop N tho