The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-12-13

I'd Judicial District--December Term,
1e73--Hiram Knowles, Judge; o. b.
o'Bannon, Clerk.
Z. 8. COURT PROCEEDINGS,

Z. 8. COURT PROCEEDINGS.
| SATURDAY, Dec. 6.-The l.. $. Grand
Jury bring in four indictments; warrants
for the arrest Of defendants were issued and
placed in the hands Of the L. $. District
Attorney.
MONDAY. Dec. S.-Cnitcd States vs. VIM,
+. Ensign. Thomas &. Power, Charles +.
Giddngs, and Hiram d. Upham Go 26);
the separate motion Of defendants c. +.
Giddings, T. {. Power and II. d. Upham
to quasll Indictment Overruled; defendants
except to ruling Of the court; the separate
motion Of W. +. Ensign to quash indict-
ment Ovcrr,led; defendant excerpts to ruling
Of court. Defendants Ensign. Power, Gid
dings and Cpham ordered to appear Tues
day, Dec. ., to plead to indictment; it being
suggested to the court by W. +. Sanders,
ESD. counsel for the defendants, that said
defendants were personally present, they
| therefore entered their plea Of mot guilty"
to the Indictment.
L. $. VS. Thomas Power and Hiram ID.
Cpham. No. .. This cause coming reg
ularly on for trial upon the indictment (fOr
receiving stolen property in place under
sole jurisdiction Of the United States)
herein, and the defendants plea Of not
guilty thereto. VIM. II. Clagctt Esq,
counsel for the United States, asks leave Of
the court for a postponement Of the trial
hereof. which is denied by the court. The
counsel Of the United States thereupOn
moves the court for q dismissal Of this
cause. whercupOn it is ordered that 4
noltc prosequi Ike entered herein.
L. S. vs. Thos. {. Power and Hiram u.
Cpllam. No. ~. Indictment for larceny
Of L. :. goods and receiving stolen property
The following named jurors were drawn
from the regular panel for the trial Of this
cause, to wit: II. q. Walton, +. 7. Owen,
J. L. Sweeney, Charles Blum, Il. n. Tib-
belts, Il. Dcgcnllart. John Mast, +. II.
Butler, }. Il. Caven, ID. 5. Kenyon, II. II.
ZcnOr and }. n. Collins.
II. II. ZcnOr pcrcmptorily challenged by
defendants counsel; challenge Overruled by
the court; ruling excepted to by defendants;
whereupOn the above named jurors were
duly empanelled and sworn.
Cause Oh trial; II. Kirkendall sworn and
examined on part Of prosecution.
TUESDAY, December 9.-Unitcd States vs..
Thomas. &. Power and Hiram d. Upham;
(No. 2G); this cause resumed; Luman +.
Evans, John I. Murphy, Thco. Shed, John
}. Parker and James Grant examined on
part of prosecution.
WEDNESDAY, Dec. 1O.-Unitcd States vs.
Power and Upl,am resumed; examination Of
James G. Grant resumed; II. kirkendal and
l.. F. Evans recalled; .. b O'BannOn
sworn and examined Oh part of prosecution
and here prosecution rest their cause; now
comes VIM. II. Clagctt, Esq, counsel for
the United States, and moves the court for
u dismissal herein as to the defendant 7.
&. Power, which is so ordered by the court;
J. I. Murphy L. +. Evans, ThcO. Shed, J.
Mcclure, J. J. Parker called and examined
Oh part Of defendant Cplam; Thomas &.
Power sworn and examined OH part Of de-
PENDANT Uphan: here defendants rest their
case.
In the matter Of the contempt Of II.
kirkendall Il lefaulting witness; Oh his
statement he was released from the attach
mcnt.
THURSDAY. Dec. IT.. S. vs. Hiram ID.
Cpl'am; Trial resumed; counsel for dcft.
moved for leave to open their case for the
introduction Of further testimony leave
granted; whcrcupon W. F. Ensign was
sworn and examined; ThcO. Shed was then
called in rcbuttal. Court adjourned till
1880 p. M.
United States vs.. Thomas G. Power and
II. u. Upham; (NO. 2G); testimony closed
for u. s.; counsel for U. 3. dismiss case a.
to defendant, T. Z. Power. Hugh Kir-
kendall discharged from the attachment
~ lcfaulting witness.
DECEMBER 11.-United States W. Hiram
ID. Upham; testimony closed for defendant;
cause argued by NJ. Z. Page, attorney for
U. s.; by W. F. Sanders and J. II. Shobcr,
Esqs., for defendant, and argument con-
cludcd by VIM. II. Clagett, Esq, counsel
for L. s.; cause submitted to jury.
DECEMBER l2-4:3O \. NJ. S. vs.. II.
d. Cpllam: jury return verdict Of guilty on
I'd count in Indictment, and not guilty as to
LIST and al counts, and recommend defend
ant to mercy Of the court.
DECEMBER 1a--lOA. M.-Venire for 10
petit jurors ordered cmpaneled.
L. :. vs. VIM. +. Ensign and Charles f.
Giddinss; (No. ~: indictment for fclon-
iously taking property belonging to the L.
s.: motion of defendants for separate trial
granted: case set for trial at 80 p. III.