The Miller press. [volume] (Miller, S.D.) 190?-current, 1923-02-08
THREATEN TO
IMPEACH JUDGE
Judge John +. Hughes of Sixth Judi
clal Circuit Charged With
M~alfeasance

A dispatch from Pierre brings the
news that impeachment charges
against Judge John f. Hughes of the
sixth judicial circuit have been fled
with Speaker Frescoln by a committee
Of Stanley county citizens. The COM
mittee from FIT. Pierre consisted of
F. s. Rowe, Ray Conklin and Lloyd
Young. The charges are based on al
legged malfeasance in office while two
IONS of Judge Hughes were under
arrest last fall. charged with murder
in connection with the death of Ro-
bert Tolton. a Fort Pierre boy.
Feeling has been running high in
Fort Pierre and Stanley county since
the arrest Of the Hughes boys and fac
tons supporting and opposing Judge
Hughes have grown up to include
most of residents Of the county.
There has been much talk Of Ku Klux
Khan, but cooler heads in the COM
munity prevailed in favor of acting
through legal channels. A committee
of citizens called on Judge Hughes
Thursday evening and asked him to
resign. He refused. Judge Hughes
was elected last fall for his fourth
term.
There has never been an impeach-
ment in South Dakota. Charges were
brought against Judg Levi MCGEE of
Rapid City in the 1917 session but
there was no impeachment. The pet
itions in the MCGEE case were referred
to the judiciary committee of the
house for investigation, and it was
not certain today whether this pro-
cedure would be followed in the
Hughes matter or a special committee
named. II the house as a grand jury
impeaches Hughes, the case will go
to the senate for trial. In case OF
impeachment 20 days notice is requir-
ed under the constitution. There are
only rs days of the session left. I'm
parchment proceedings constitute the
only condition under which the legis-
lature may remain in session longer
than so days.
In the impeachment proceedings 1t
is alleged that Judge Hughes refused
to call certain liquor cases to trial,
that he refused to enforce judgment
and sentence in other cases and that
in n instance a man pleaded guilty
to a liquor offense and Is still out
on bond. The judge is also charged
with o%bstructing officers in the per-
Torrance of their duty.
& Affidavits of various citizens coon
panied the petition of impeachment
which was signed by % citizens. j.
F. Callahan. states attorney OF Stan
ley county, declares the judge used
obscene language against him in pub
lie and that he obstructed h efforts
of the states attorney to carry out
Justice. Howard Hendrickson swore
that he had heard Judge Hughes
oaths against Callahan and that the
Judge declared he would send Gala
han to the ~penitentiary or the Mar
uuardt case for prosecuting young
Hughes. All this is alleged to have
happened October 81 in the court
house at Fort Pierre. Burg Brown,
county Judge, had another affidavit TO
the same effect as Hendrickson.
Clint SAINTS, deputy sheriff of Stan
ley county, entered an affidavit to the
effect that Judge Hughes had threat
ened certain county officers for carry
ing Oh the prosecution of young
Hughes on the charge of homicide.
A petition, addressed to the legisla-
tors from Hand County, was in circu-
lation in Miller Monday and Tuesday,
protesting against the impeachment
charges. The petition bearing the
names of a large percentage Of the
voters, was sent to Pierre Tuesday,
to be presented to the committee IN
charge.