Sen. Kenny McNenny, R-Sturgis, said the American system of government involves the judicial, executive and legislative branches, which act as checks and balances against each other. He said the proposed amendment would allow the special grand jury to override all laws and all constitutional provisions, and no one could appeal the grand jury's decisions.
"It just scares me to death," McNenny said.
Sen. Kenny McNenny, R-Sturgis, said the American system of government involves the judicial, executive and legislative branches, which act as checks and balances against each other. He said the proposed amendment would allow the special grand jury to override all laws and all constitutional provisions, and no one could appeal the grand jury's decisions.
"It just scares me to death," McNenny said.
Oh? Maybe Senator McNenny has (had) a judge in the family? Let's see . . .
TRIAL BY NEIGHBOR
By Wesley Burr
During the exceptionally dry Spring of 1934, Butte County rancher Howard Schmele discovered that the dam forming the Byers Reservoir on his ranch had been breached, allowing the precious water to flow down the dry stream bed to a stock dam on the David Kinghorn ranch.
Schmele and five neighbors (Henry, Marcus and A. J. Comes, Harris Clark and William Schmele) were inspecting the damage when they noticed a Kinghorn cowhand, Paul Longpre, herding cattle on distant range. Suspecting that Kinghorn was responsible for the water loss, they drove over to question Longpre.
"They drove up and asked me if I knew anything about the dam being cut," Longpre testified in a subsequent court case. "I told them I didn't."
After more questioning by the ranchers and continuing denials on Longpre's part, the tense situation deteriorated. Longpre's horse was restrained. Howard Schmele, assisted by Henry Comes, pulled Longpre from his saddle and William Schmele threw him to the ground.
"I continued to deny any knowledge of the dam breaching," Mr. Longpre testified. "Mr. Marcus Comes came up and kicked dirt in my face. He showed me his pointed-toe boots and said he had a notion to kick me in the ribs. I continued my denial and he kicked me solidly in the ribs--both sides."
"They asked me again if I knew who broke the dam. I denied any knowledge. They slapped me some more. Then Howard Schmele threatened to get a gun and kill me but the others weren't very supportive. Finally they said they were going to 'give me a ride.' Henry Comes got a rope from the car---I believe it was the Schmele car. Then Harris Clark got hold of the horse and held it while Howard Schmele tied the rope to the horse's tail. They tied the other end to my feet, tying them together. They led the horse a little way with me bumping along the ground.
They said that if I knew anything about the dam break I'd better tell it now because otherwise they were going to turn the horse loose. I again denied any knowledge of the incident and they turned the horse loose and gave him a kick. He jumped and started running---fast. I grabbed the legs of my overalls so I could sit up and keep my head off the ground. I was being dragged on my buttocks or on one side or the other over rocks, sage brush and cactus. Howard Schmele finally rode up on his horse. He came alongside my horse on the left and grabbed the bridle so the horse stopped."
"I was in terrible shape. Most of the skin was gone from the backs of my upper legs and my buttocks. My left leg was numb. Both arms were aching. After I untied myself they continued asking me questions about the broken dam. They all pelted me with questions. I told them again that I didn't know anything and asked for my horse so I could go to the ranch for treatment. Howard Schmele pushed me up against the car and told me to stand there and tell what I knew. I protested again that I didn't know anything about the incident. Then I was told to go back to tending my cattle but I said I was in no condition to do so. I was walking around and sometimes laying down, trying to ease the pain. Finally after a half hour or so they told me to get on my horse and leave."
Mr. Kinghorn rushed Paul Longpre to Dr. Craven in Belle Fourche who ordered him immediately to the hospital. In addition to loss of skin on back and buttocks, Longpre had several broken ribs from the kicks administered. He spent several weeks in the hospital due to complications from cactus needles imbedded in his flesh.
All six of Mr. Longpre's assailants were charged with assault with intent to kill and assault and battery. Five were found guilty and sentenced to three years of hard labor plus $500 fines. Mr. Clark escaped with only a fine because of minimal participation in the inquisition. The prison sentences were appealed to the South Dakota Supreme Court which declined to hear the case.
Later, a petition was circulated in the Belle Fourche area pleading for commutation of the sentences. Apparently because Mr. Longpre did not oppose this leniency request and Judge McNenny decreed the five be released after paying fines of $1,000 each.
Mr. Longpre lived a relatively long life after his ordeal but his brother was of the opinion that his quality of life suffered severely.
My, my, my! Any relation, Senator McNenny?
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