White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-02-18

monty known as DooIleg JOINTS J,
and at such places has purchased.
been furnished with and has drunk
intoxicating liquor on such premises,
in contempt of said laws and in the
encouragement of the violation there
of.
That the said Clarence J.. McFGd-
den, while judge as aforesaid, on or
about the goth day of December
1922, AND MANY TIMES PRIOR
THERETO, having visited one or
more of the aforesaid places, was
upon the streets of Ely in Inc day
time in an intoxicated condition, and
was seen while in such condition and
made the subject of derisive com
ment.
That the said Clarence j. McFad-
den, while judge as aforesaid, on a
certain day (the precise date being
to afiant unknown) in Ely and In the
presence of numerous persons, while
he was under the influence of liquor.
made certain s%candalous remarks
and statements concerning the presi-
dent of the United States. the same
being substantially as follows: "He
(meaning President Warren G. Hard
ing) is a niger loving =--
he is part niger blood and I can
prove it,"
That the said Clarence J. McFad-
den, while judge as aforesaid, on a
public street in Ely about the hour
of two o'clock a. m. of Sunday. Octo-
Der 20. 1922. while under the infu-
enoe of intoxicating liquor. revilcd
and abused a citizen of the communi-
ty. namely, one Phil Aljets, because
said Aljets was opposing said Nc
Fadden's election to the Office in the
coming election and threatened to
strike him (Aljets) with a cane.
SPECIFICATION +.
That the said Clarence J.. McFad-
den, while acting as such Judge. has
unlawfully and wilfully interfered
with the due administration of JUS
tiee, and has advised and encouraged
the presentation of certain unjust
and illegal claims and demands
against White Pine county, and has
through and by means of his official
position as such judge endeayored to
enforce and procure the payment of
said unjust and Illegal claims and
demands out of the public funds of
White Pine county. in particular as
follows:
That on or about the fifth day of
March. 1917. in the Ninth judicial
district court of the state of Nevada.
and for White Pine county. and in
and over which said court the said
Clarence J. McFadden as such Judge
then and there and at all the times
mentioned in this specification was
presiding and acting, a grand jury
was duly empaneled and sworn; that
on or about March 90. 1917. upon the
advice OF said Clarence J. McFadden
given SYSTEMATICALLY and privately
to three certain members of said
grand jury, and with the full knowl-
edge, consent and procurement OF
said Clarence J. McFadden. while so
purporting to act as said Judge, said
three certain members of said grand
jury. claiming to act on behalf of
said entire body, made and entered
into an Illegal and uneonscionable
contract with a certain detective
agency. towit, the William j. Burns
International Detective Agency, In
eorporated, for the furnishing By said
agency OF certain of its detectives to
BIO employed and used by and on be-
tensible purpose of making %investi-
cations Of alleged criminal matters
and offenses alleged to have occurred
said county, and OF seeking to OBJ
tain evidence in respect thereof. and
Of furnishing reports of such fnvesti-
cations to said grand jury for its
action thereon.
That pursuant to said illegal and
unconscionable contract said detect
i've agency furnished three detectives
who were so employed and engaged
in rendering the services aforesaid
for the aggregate number of Ill
days, and under said contract the
amount agreed to be paid for such
services and expenses amounted to
the sum of ~s2,3S3.90. That there
after, on or about the 18th day of
January. 1918, said Clarence j. Me-
Fadden. while acting or purporting to
act as such judge, made and issued
an order in writing over his signature
as district judge directing the county
treasurer OF White Pide county to
pay the sum of about s2,10o of said
amount out of the public funds Of
White Pine county: that said order
was thereupon, with the knowledge
and procurement of said Clarence J
McFadden. presented to said county
treasurer and payment thereof de-
manded; that payment thereof was
refused by said county treasurer,
who was t%hereupon threatened with
a proceeding for contempt of court
by said Clarence J. McFadden unless
the said order should be o3eyed; hut