The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-05-16
THE BLIND
How Justice Was Robbed in the Sure,
Thing Cases.

The much talked of and long locked
for trial of the sure-thing mem for
IoDblng Justus Rosenstock of $3.50 at
tne link saloon q week ago, came
up before Justice Nichols yesterday.
me accused, six in number, the
witnesses, the attorneys, and the
spectators, more than filled the sim
pie quarters of the department of
justice. The prosecution was repre-
sented by Assistant District ATTORNEY
ScallOn and City ATTORNEY Smith.
and the defendants by Mr.. Crottv.
ASS matter of fact the only material
witness for the prosecution was
Rosenstock, the victim, and he had
been brought from his home in Jeffer-
son county by Marshal Hauswirth
under a process of the court. It was
confidently expected that the pros
ecutor would he able by his testimony
to convict the gang, and for that rea-
son extraordinary efforts had been
made to arrest them all and secure
his attendance. But the authorities
We're doomed TO disappointment; MIR.
RosenstOck, in the custody of the
Marshal, was promptly on hand, but
he was as dunno as u sphynx. In his
testimony he admitted that he had
been beaten out Of over $500, aud
that $3.50 had been returned to him,
but that was the end of his recollec-
ton of the affair. He did not know
where the robbery took place, could
not identify. any of the men who had
robbed him, did not know who re-
turned the money to him, and did
not think there was any harm in his
leaving the city after his money had
been returned to him. He denied
positively that there was any cOnsid-
GRAFTON for the return of the money,
and insisted that as he had only got
ten bis own he had not been guilty
of compromising a felony or commit
ting any other crime. The attor-
neys for the prosecution cross
the witness close
ly, and he was as closely
guarded and protected by the attor-
ney for the defense, thus making the
legal battle an interesting one All
however, to make Rosenstock
tell the whole truth proved unavail-
and as a consequence the Justice
was compelled to discharge the priso-
ners, which he did, assessing the
on the complainant. Thus
ended in a farce a case which should
nave been of q far more serious ma
;ure. There is no possible doubt but
was feeced of the |
amount by the parties, and in the
olace he alleged in his warrant of ar
'est, and it is a crying shame that
hey should have been turned loose
o prey upon others simply because
hey refunded the money rather than
20 to Jail. AS it stands no blame can
lttach to the officials. They cid
heir duty in the matter, arrested the
produced the complaining
witness, and did all In their power to
ecure a conviction. AS a matter of
and az the only chance by
which the county could get even, the
Justice assessed the costs Oh the plain
if, and he was thus mulcted in the
um of nearly $500. which he paid
without a murmur and departed a
if not q wiser map.
The gang are again at liberty, but
is to be hoped they will be COM
'elled to earn honest livings instead
f following their nefarious practices.
Butte is too much of a city to be in
he possession of such a gang, and if
ne law through its organized repre-
cannot control them, the
d higher authority, will show
heir hands. The bunko men must