The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1924-10-10
ORDER IS ONLY
BASIS FOR USE
Of $500 FUND
Affidavit Clears Atmos-
phere in Use Of
County Prosecution
Appropriation.

That no funds have been drawn
from the contingent fund set aside
by county commissioners for use OF
Prosecuting Attorney Logan Hyslop
except upon order of Judge Ed. l..
Bryan is the substance OF an affidavit
signed by J. A. Dunbar. county clerk,
and now in the hands of The Tribune.
In explanation OF the administra-
ton OF this fund and in contradiction
OF statements made in a recent issue
of The Tribune. this statement is
made:
"If Z any time the complaining
witness or any person having an
interest in a criminal case. wishes to
employ and pay special counsel to
assist the prosecuting attorney. that
right has not been denied. The re-
cords of the district court show that
special council has assisted in several
cases In two cases where there has
been assistance there has been an ac-
quitial, and in two other cases where
the prosecutor was not assisted there
has been an acquittal. making four
acquttals during this administration
In one case where there has been as
sistance. the Jester case. there has
been a hung jury. The only case in
which the prosecuting attorney has
been assisted. and in which there was
a verdict OF guilty by the jury. is the
McLcnnan case. the McLennan case
being the only murder case where
verdict OF guilty has been obtained
in this county since 1910. there hav-
ing been 10. murder cases tried since
the county was organized. Thirteen
conviction have been had in jury
trials in the district court where the
prosecuting attorney has not had the
assistance OF special counsel, and the
district court has passed sentence on
10 offenders during this administra-
tion.
THAT statute provides that the con-
tingent fund set aside for the use OF
the prosecuting attorney shall be
sum from one hundred (Sl000O)
dollars to one thousand (Sl0OOO0)
dollars. The commissioners OF Con-
Won county set aside the sum OF $500
for the use OF the prosecuting at
torney. for the purpose OF defraying
such necessary expenses which are
not otherwise specifically provided
for in the trial and preparation for
trial of criminal cases. The statute
gives to the district judge the full
and exclusive control OF Withdrawals
from this fund, and the prosecuting
attorney can incur no expense with
out first making application to the
Judge and receiving the approval OF
such expenditures.
"The theory of the statute is that
the expenditures must be shown prior
to the issuance OF warrant. There
fore the warrant is issued to reim-
burse the prosecutor for the expendi-
lures already made. For example,
all liquor must be tested by chemist
before a case is brought in the district
court. These analyses are paid for
out OF the prosecuting attorneys con-
tngent fund and many analyses are
made and a warrant issued to cover
the full expenditure.
"ro,trarv IN tho statement in q
recent issue OF The Tribune, there
has never been a withdrawal from this
contingent fund without the strictest
compliance with the statutes, the full
case being considered by Judge Bryan
before he signed the order