The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-06-30
From the Daily Of Friday.
THE CASE
Complaint Made by the Mother
Of the Child and the Ac-
cused Arrested.
He is Released on Bail.

3 Arrested.
He is Released on Bail.
AS announced in yesterday morn
lng's MINER all witnesses in tn,
Gundry case were during the day as
sured of having ample protection
from violence which they feared
would be ~resOrted to in cast
they appeared against the accused
and shortly after noon Mrs. Charlotte
Harvey, mother of the victim Of the
alleged outrage, appeared ut the pro.
bate court and made the following
complaint:
In the Probate Court an and for ST.
Ger BoW County, Montana.
TERRI. OF MONTANA, Plaintiff,
HARRY GUNDRY, Defendant.
Personally appeared before me,
Robert G. Knox, judge of said pro-
bate court, Charlotte Harvey, who,
being first duly sworn, upon oath
complains and says that an assault
with intent to commit rape has been
committed, that she has good reason
TO believe and does believe that one
Harry Gundry committed the same.
That On the Goth of June, A. d., 1883,
in said Silver Bow county, Montana,
Territory, then and there upon one
Eliza Pill said Harry Gundry did
unlawfully make an assault with an
intent on her the said Eliza Pill then
and there unlawfully, ft loniously,
forcibly and against her will, to
ravish and carnally know, he, the
said Harry Gundry, being a male
person of the age Of twenty-one years
and upwards, and the said Eliza
Pill being then and there q female
child under the age of eleven
years. All of which is con-
| trary to the form. of the statute
in such case made and provided and
against the peace and dignity of the
people of Montana Territory. Said
complainant therefore prays that q
warrant may be issued for the arrest
of the said Harry Gundry and that
he may be dealt with according to
| law. CARLOTTE HARVEY.
Subscribed and sworn to before me
| this 9th day Of June, A. d. 1883.
r. C. KNOX, Probate Judge.
A warrant was Immediately issued
| for the arrest of Gundry and placed
in the hands of Sheriff Irwin for SER
vice. The Sheriff jumped into his
/ carriage and proceeded to Centerville
where the accused was supposed to
be. but was informedt there that he had
heard a warrant was to be issued
and had gone to Butte to
surrender himself to the authorities.
He was found in consultation with
his attorney, w. o. Speer, and placed
under arrest. At three o'clock the
prisoner was arraigned in the Pro-
bate Court, and his preliminary ex-
animation set for hearing on next
Saturday at 9 o'clock a. m. In the
meantisIe Gundry is held in
the sum of $500 bail, which was
furnished with William D. Pascoe
aud Simon Hauswirth as sureties.
During the afternoon Sheriff Irwin
verv considerably guarded the pris-
oner in the Probate Court room until
bondsmen were found to go on the
bail bond at about 5 p. m. During
this time a MINER reporter sought
an interview with the accused,
but beyond monosyl,abic replies
to two or three questions,
elected no information. He was evil
IDENTITY under instructions to avoid an
interview, aud the attempt to secure
one was brought to an abrupt close
bv his attorney calling him away
from the reporter. The personal ap-
pearance of Gundry Is not such as to
infatuate q Jury. His age is about
32 and weight l40 to $50 pounds. His
height is about five feet six or seven
inches. but a certain pallor OF
cheek and thinness of visage gives
him the appearance of being smaller
than he really is. A dropping blonde
mustache and slight imperial which
overs a badly SCARED chin, gives his
ceuntenance a melancholy cast,
which underline circumstances might
be mistaken for a scared look, while
a deeply furrowed forehead, small
steel blue eyes set deep in their
sockets. close together and fringed
underneath with a distinct line OF
blue, make up the rather unprepos,
sessing tout ensemble. He was well
dressed, and had more the appear
ance OF a clerk or a saloon man than
mai of q miner. Hon. G.. w. Staple
ton has been r. retained for the prose-
cntion. After swearing to the COM
nlaint Mrs. Harvey with her child
went to his Office, where they
made a statement Of the evidence
thew would give before the court
We refrain from giving the tex o.
their statements, as the ccuse
c1aims TO have testimony in rebuttal,
and we have no desire to give pub
licity to evidence calculated to pre)u-
dice his defence in the sllgnt-
est degree before the Iuplc
but it is sufficient to say
nat the statements OF mother
and child if sustained IN
court are ample to sustain the ale
cations set forth in the complaint.
Sheriff Irwin has made arrangements
for the protection of Mrs. Harvey
from any attempted violence, but 1t
is not believed that the precautions
takeniare necessary, as the friends OF
the accused now seem as anxious
for bis trial as those VINO
believe him guilty, anu Ihey Oi"l.A
that Notwithstanding the woman's
testimony, the trial must result in
clearing Gundry's skirts OF tae
charges against him. 1t is a matter
Of public graduation that the storm
Of excitement in this matter seems
to have cleared away and human
passion has given place to &C.
liberation and a general de,
sire that the accused snail
hs nroyen innocent or guilty in the
courts in doing which he will have
ali the protection IN his legal rights
which the law throws around every
American citizen. Some criticism
was INDUCED in yesterday OF the
course of the defense in Immediately
furnishing bail, as it was the lnten,
the accused and in case OF ms
identification as the guilty parry IN
other cases, to prefer additional
charges. In one of these cases wolcn
has Created some talk, Gundry was
seen Yesterday and declared TO De an
entirely different man ron
the one suspected. 1t is PCS
S;iIs that all the cases In which