Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1874-05-08
THE MOTION FOR A NEW TRIAL OVER
RULED.
(rrom the New North West. !

remark that they did not want suct
men as him on the jury, that they
wanted somebody they could gull, said
3" if we find them 1.-THE Indian ring) tht
least bit guilty we will send 'em up (0l
cinch 'em) plenty" or expressions t
that effect. This was the general teno!
of the remarks attributed to him. One
witness testified to strong, earnest ex.
pressions by the juror in another con
versation, but his oath was impeached
by six witnesses and denied IN toto up.
on oath by Warren. Warren also
swore that he did not at the time know
either of the defendants; did not know
either the attorneys for prosecution or
defense; did not know of there being
such case as that ON which he sat as
a juror; never had read of it or any Of
it or any of the facts relating thereto.
he had before stated, on being sworn
as juror, that he had not formed or
expressed any opinion a. to the guilt
Of innocence of the defendants, and
the rsel for defense had been igno.
rant Of any such expressions until af.
ter the verdict. All the parties but
one having made affidavit as to War
ren's remarks, made second affidav;ts
to District Attorney Page that the
conversation had occurred the evening
previous to his coming here to serve
on tho jury; that the remarks were Ill
Of 2 general character; that they re-
garded it all as POPULARITY, and that the
twits were to elicit exaggerated and
jocular repArtee from Warren. Some
Of the afiants did not know of the
cases before the Court, and Warren,s
replies related to the Indian Ring gen-
orally. Two Of the co;j,lrors made at.
fdavit that Warren was one Of the
two jurors who voted against convic-
ton for three ballots, and that he was
the last to yield. Affidavits as to
Warren's good character and integrity
were also offered in evidence.
Messrs. Sanders, Shober, and Nap
ton for defense, and District Attorney
Page for prosecution then argued the |
case at length, Col Sanders making
an able speech Of nearly two hours
duration. The hearing had lasted from
morning until Monday after |
noon. After an adjournment, Court |
again convened and Judge Knowles |
over ruled the motion, stating, LIST:
that it had not been shown to the
Court that juror Warren had formed
or expressed such an opinion as would |
evince that he had any bias or preiu- |
dice against the defendantsrs I'd: that |
on the question of evidence there had |
been testimony to support all the speci-
[ications in the Indictment; that it was |
the province of the jury to decide the |
question of fact and that the Court
would not disturb the verdict. Sd: the
Court sustained its former rulings on
questions of law. + M
The prisoners were brought into
court at 6 p. m. and sentenced each
. one years Imprisonment in the peni.
entiary and d, 600 flne each. they
we're conveyed to the penitentiary the
|ame evening.
The defense appealed the case to the !
3uprome Court, and on wednesday
VI. Shober tor defense made q motion
9 admit the prisonegs to bail pending
he appeal. sThe notion was over.
uled - TharsdAy.s This r Z briaf n
afal nom memory Of the record in TIE
-, but It 10 believed to be spproxi.
nately accurate g 70 al fActs.
a L