Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-10-17
Strange STATE OF AFFAIRs
No witnesses Summoned in the Pinkey
Cause.-The Prosecution Helpless to
Secure Convictions.

Cause.-The Prosecution Helpless T.
Secure Convictions.
The remaining cases OF the City OF BUTT
va. the men arrested Thursday night
charged with vagrancy and disturbing th,
peace, were called for trial in Justice Lip
pincott's court last night. A very pecuiial
condition Of affairs was revealed, at least
as far as securing evidence against thu
defendants was concerned. Not a singl,
witness had been subpenaed and til,
prosecution was powerless to do aught tx
further it's side OF the case.
The first case TIC be called was that O
Arthur R~ottoes, charged with disturbing
the peace. The defendant failed to re
spond to his name and the court declared
his bond forfeited, when the bondsman
j. e. Patuande, put in an appearance anG
offered to enter q plea OF guilty, which plea
was accepted by the court and a fine of S.
and costs imposed.
Peter McCullough's name was the second
to adorn the list of suspected ''pinkeys'
supposed to be within the clutches of al
outraged law. It appeared, however. that
he, too, like the illustrious Rettoes, haG
sloped rather than take his chances before
the court.
Officer Smith, to whom subpenas fol
witnesses in the case had been given fol
service, now arose and announced that III
had a statement to make in connection
with the case. Early in the day, aftel
serving the subpenas, he said, he hac
learned that Mac had abs:onded, and thai
he then took upon himself to inform this
witnesses that they need not appear, q:
tho caaa uould NOT he called
Attorney Duffy, who appeared for The
defendant, very promptly announced thai
he would withdraw from the defense.
James Nelson, whose name appeared al
surety on the forfeited bond, concluded it
good time to make q few remarks "appro
pirate to the OCCASION" and plainly in
formed the Court that he had been security
for MI Cullough's appearance Friday night
only, and that at that time the defendant
had been in court, and consequently he
Nelson, could not see how the court could
very well hold him.
The Court very pleasantly informed the
gentleman that the instrument he had
signed was q continuance bond, and that
bond, and that it. would be collected by
process of law. This seemed to surprise
Mr.. Nelson, as he signi6ed q willingness to
square the matter.
e. F. Yunker was next or the list OF
hightoned gentlemen and when his name
was called it was the signal for lively tilt
between the court and Attorney Duffy, de-
fendant's counsel. Upon a statement of
Officer Smith that it had been impossible
to serve subpenas on the witnesses neces-
sary for the prosecution as no names had
been furnished him, and consequently he
could not make service, he not knowing
who the parties were.
Court-"The case is continued until z
O'Clock Monday evening"
Mr.. Duffy-"Your honor, I object. This
case was continued last night in order to
give the prosecution time to prepare it's
side and now we demand a trial."
City Attorney Speer-''The arrests were
made without any indication to the pros
ecution who the witnesses were, and it has
been impossible for us to secure their at
tendance. The day officers didn't know
who they were and I issued q number of
blank subp@nas, thinking they might be
able to learn the identity OF the parties.
Chief of Police Stoner, who ordered the ar
rests, is not present, and as he is the only
person who knows the names OF the wit
nesses, the prosecution is powerless to Sc
cure their attendance"
Duffy-''We stillinsist upon animmediate
trial of the case. No evidence exists that
were placed in the hands OF the
prosecution, and because they are not
ready for trial is no reaso why the defend
ant should be compelled to rest under the
OF arrest. 1t is not right to granta
further continuance"
Court-''In view of the peculiar nature
of these cases I will grant the continuance.
Ordinarily, Mr.. Duffy, your grounds would
be well be taken, but in this cas- / must
override you."
Dufy-"We'n admit everything the prose
cation expects lte prove provided the
Court-"All right, if the prosecution
agrees to it,"
But the prosecution would not agree to
any such arrangement and after much
more verbal sparring the cas- was o n
tinued until tomorrow night, notwith-
standing Mr.. Dufy's vehement protests.
James Brown, another of the gentlemen
whom the chief suspects Of neither toiling
or spinning al then called to respond to
the usual toasts.
Officer Warner, who in some way was
connected with the case, also made state
ment, seeing statements were somewhat
popular. He said that the charge leading
to the arrest OF Brown had been made by
parties who now said that they would not
testify against the defendant, as they were
unable to swear to what they had SO glibly
told the arresting officers.
On motion of the City Attorney the case
al dismissed.
Officer Smith took the floor again and
said that he had still another "statement'
to make, in simple justice to himself. He
said that in all of the cases, excepting those
of Rottoes and Mccullough, not enough
evidence existed to secure conviction for
he very same reasons as those in the
asses previously mentioned. He had been
unable to subpoena Witnesses be.
cause he did not have a list of their
names and that Chief Stoner failed
to furnish any Information whatever. The
officer closed by suggesting that all the
defendants be dismissed. Seeing how mat
ters stood, the court and the city attor.
ney concurred in the belief that the sugges-
ton was q sensible one, and accordingly re.
leased the following named persons from
arrest, and declared their bonds exoner-
ated: Charles johnson, 2. L. Yunkers,
James Brown and Geo. s. Simonds.
Thus ended what at one time promised
to become sensational cases Of the gaudiest
hue, and another sweeping mora reform
has died a hard and cruel death. "Pink'
ies'' still flourish and smoke their sicken'
ing cigarettes while calmly asking the Court
What yer goin' ter do about it, cully?"