The daily enterprise. [volume] (Livingston, Mont.) 1883-1884, 1884-01-24

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The examination. In the case of the
men charged with grand larceny com
mitted in the Chinaman's house IN the
course Of raiding it as an opium joint
came to a conclusion last evening. As
the case Is one of some public interest and
importance, a brief recital of the main
points brought out in evidence is war
rantable.
On the night of January II warrant
was issued by Judge Seward for the ar
rest of certain Cinnamon for keeping an
opium joint It was placed in the hands
OF Constable Morris Cook, who sum
moned Hennessy and Reid as his aides
and on the same night, being the early
morning of the 18th, they visited Hong
Wah's opium den, arrested him and three
or four other Cinnamon found in the
house, took a number of pipes, lamps,
opium and $3.50 in cash. The opium
was taken from trunk and the money
from a drawer. These facts are adj
mitted by the defense, who also main
tain that nothing was stolen, but every
thing done was in accordance with legal
sanction. The prosecution claims that
within the trunk was go cans of opium,
three watches, $170 III bank notes and
silver currency and other articles to the
amount in all of 1884 in value; that the
trunk was forcibly broken open notwith-
standing the protest of the Chinaman,
and that the money and jewelry was
pocketed by one of the defendants and
the other articles placed in sack; that
the $3.50 was taken from the money
drawer, the key of which he gave Cook;
that only that small amount of money,
a portion of the opium, the pipes and
the lamps we're ever brought into court
or returned to him. The defense testifes
that the trunk was broken open by falling
from shelf and that nothing was con
tanned in it but such opium as was brought
into court. Such is an outline of tile
main points OF the case, without entering
into statement Of tie coYoborative Incl
dents adduccd by eiAer side. In the
conduct of the case. Savage q Elder APP
peared for the prosecution, ]. A. Smith
for the defendants Hennessy and Runner,
and w. Fl. Frye and S. NJ. Leroy for the
defense in general.
Last evening at the conclusion Of the
testimony the case was ably argued by
counsel. J. H. Elder presented the brief
for the Territory, bearing principally on
the evidence of felonious intent and the
penalty incurred by an officer in trans
eending his duty or acting without au-
thority either wilfully, negligently or
ignorantly. He also referred briefly to
.he evidence on those points.
s. NJ. Leroy presented defendants
1rief and reviewed the testimony and as
1ects of the case; referred to points indi-
.ating concocted story on the part Of the
Chinese witnesses; exhibited the lock and
rnnk in support of the theory that they
lad not been broken in the manner stated
" the prosecution, and argued that money
nd yaluables would not be kept by the
Cinnamon in such All lnsecure safe as the
runk appeared to be.
j. A. Smith pleaded in behalfof defend
nts particularly his clients, reviewed the
vidence and argued strongly the inno-
ence of the prisoners and the fact that
he officer and his aides were acting under
uthority of law and had committed no
elonious acts.
J. A. Savage closed the case with q
,nghty and mastery review Of the testi- |
lony, in which he presented incidents in
sfutation eff the theory that the China
zen told made-np story, cited COR
evidence in support Of the pros
cution, and mentioned the points wherein
le defense had aaduced conflicting or
evidence.
Judge Budlong took until $50 this
forming to consider the decision to be
,ndered in the case.
At the hour appointed tie defendants,
ook, Reid. Hennessy and Runner ap-
cared ii court and were SeYeraIlV held 4