Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1886-05-12

An Interesting Criminal Case Tried Be.
fore Chief Justice Wade.

for the county of Jefferson, Territory {
Montana, was duly opened last Monday q
Boulder in the usual manner for the trans
action OF business to come before the Ma
- term OF court. Judge Wade presided.
~ An indictment was found against job
Hart for the shooting and killing of job
w. Pitts, on the 7th day of November
1885, in the Boulder City Court House
Deiendant's counsel, Mr.. J. Fl. Duffy, O
butte, made motion to set aside the in
N dlctment, on the grounds that it was no
found by legal Grand Jury, and that ,
sufficient number of the members of tn
Grand Jury did not vote for the finding o
verdict. He also challenged the panel O
the Grand Jury, because said Crane
Jury were not selected in the manner
;, prescribed by law, and that the Count,
It Commissioners who drew the Grand Jury
= were biased and prejudicsd prior to the
y said drawing, and had formed and ex
pressed an unqualified opinion of the guilt
t OF the defendant
!. The preceding mo, ions and challenge
t were overruled; exception taken.
r Mr.. Duffy, for defendant Hart, made the
| following motion:
: That the9Grand Jurors be brought into
. the court room for the purpose Of allowing
. The defendant to examine each of them as
: To whether or not twelve OF their number
voted for an indictment in this case of the
Territory VS.. Hart
The demand was denied by the Court and
, the motion overruled, as nothing was
shown to support the motion. Exception
; taken:) The case Was subsequently con-
tinued for the ter.n
THE RHEBERG MURDER CASE.
1t will be remembered that Edward Rhe,
berg was indicted at the November term of
court, Helena, for the murder of Clara
hheberg, his daughter, at Silver City, on the
sixth day OF September 1885. on the fol-
lowing counts: ..-
Fr-t-For assaulting Clara Rheberg by
violently throwing her o.. the floor, abusing
ner with his hands, feet and knees, and
striking her with his fists on the bead and
body. ''''
Second-For striking her with piece of
iron twelve inches in 'ength.
| inlrd-For abusing her body with a
leather strap, twelve inches in length at
| taehed to leather buckle, the same caus-
| ing contusions bruises and other wounds |
Fourth-For assaulting said Clara Rhe- |
oreg with piece Of wood, OF the length of |
two feet. upon the inside of the right leg.
Filth-That from the first of August. |
1885, and up to the ninth of August |
Edward Rheberg cruelty and maliciously |
assaulted clara Rheberg with his hands |
AMI feet, and with an iron stove litter eigh-
teen inches in length.
On the twenty-fifth of November last,
Edward Rheberg was brought into the
Third Judicial District Court, at Helena,
and arraigned upon an indictment charg-
mot guilty" On the twenty third OF
February, 1886, an application for
change OF venue in the above case was
granted, and the venue changed to the
county OF Jeffers N. the defendant then
being in custody in the jail of Lewis and
Clarke County. Messrs. Carter & Oayberg
are counsel for defendant.
The witnesses for the prosecution were
the daughters OF tie defendant, who testi.
fed that the father had not whipped the
child, but proved that the stepmother, 1
Louisa Rheberg, was away on Sunday al ,
ternoon, and that the father was about the {
honse with the child. This testimony was g
necessarily introduced to prove the ability t
OF the father to have committed the crime e
on Sunday afternoon, August 8. 8
: fotr medical exuertg were tiien called and t
that such injuries as tn. child had I
received could have been inflicted by beat d
Ing and bruising, and would, in all proba- |,
bility. have been inflicted a few hours be- c
lore the child would have been prostrated | q
by pain. Upon this testimony the prose- t
,ution rested. l.
The defense endeavored to prove that on q
the Sunday in question Rheberg was at his d
1aystack by his house, and not absent a
except thirty minutes at dinner; that he did p
1ot see the child on that Sunday, and his a
lired man supported his testimony. The ii
license also endeavored to prove by cross II
xamination of the physician, such injuries W
night have been inflicted on the day pre- al
'ious to the Sunday, and brought out the al
act that the stepmother had whipped the m
hid the evening previous to the Sunday &c
he was brought to town-Helena. W
I,,y>.
'ffered. testimony received by the Court re
or and against it's admissions; the Court q,
eld that as the child did not understand la
he nature of an oath had no real idea of Ii
he solemnity OF death, and no belief in til
he future reward or punishment, herstate- ev
1ent could not be received, and withheld tn
from the jury.
The prosecution, in rebutta1, proved that
'ertha Rheberp, on the day after the ar
hense was committed, told the Sheriffs, ca
Hathaway and Evans, that the father had fo
one the hard whipping and that Rheberg's ra
eputation. for kindness and affection to AT
ia family, was bad. tri
The argument of the prosecution was Mi
,at the stepmother. being absent on Sun mi
ay afternoon, the father was the only Wa
erson who had the ability and means to ar
,mmit the crime. and relied upon his mt
resence at the ranch, the testimony of the du
v l
ne of the children to Halfway and Evans th'
r a conviction.
The defense argned that the prosecution wa
i'd failed beyond a reasonable doubt to Th
ace the guilt upon the father, and that mi
: reason of the uncertainty Of who had ow
mmitted the crime the defendant was en- for
Ted to acquittal.
It was claimed of the defendant that the
Osecution left the whole thing in doubt,
I'd argued the testimony fastened the ira
lit upon the stepmother, and laid great sta
ress on the testimony of Thibant, An
leberg's hired man, to sustain the alibi res
Sunday. EN-
The case was given to the jury at near g
dnight, and on Thursday morning they An
me into court and said they could not 'A'
rec, and their failure to agree was upon
e testimony. The Court said he could em
t aid them, and they must retire. They a O.
on afterwards came in again asking for oy
,tructions upon the question OF "acces- bell
ry." The Court replied there was no evil IRA
nee to warrant any particular instruc- ma
ms upon that point, and withdrew from awe
cir consideration the one instruction his
eviously given. rail-
After being out thirty hours agreed to tur
agree, and were discharged at 10 o'clock D
iday morning. It is reported that they s;-t
re equally divided between guilty OF man e..
lighter and acquittal. "o'
.,,,,, ,,,.. T.
righ
William Lynn, charged with embezzle- no
mt OF $llS, the property OF Schriener q offit
mpany. of Wickes, pleaded guilty to the
lrge. Lynn was clerk for the firm of A
lriener & Company as previously re- the
tied, and was entrusted to make collec. Dlci
ns at Comet, January last. He had the 2oi
cks cashed upon his own endorsement, Hlc
] fled with the money, but was captured UNI UNI
n Radersburg, in this county. Upon his Ihe
a of guilty. to the one Indictment the But
,er case against him. for embezzlement CONF
e34O, in gold. vas dismissed, and he was ing
fenced to thee years at hard labor in r.,
penitentiary. dow
n the case of the Territory VS.. James +hs-
xins (Buttermik Jim) for horse steal 'ne.
, the judgment of the law and sentence II
the court was that the accused be con- vest
ID in the Pententiary at Deer Lodge for ASST
. roar | son,