The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-11-10
LATE NEWS FROM BUTTE
IslAsday Found GuilU q liking Al
Express Company's Honey.



BUTTE. Nov. 9.-When district court
this morning there were bat few
spectators I'm the auditorium OF the court
room. The excitement of yesterday had
died away and quiet reiRned supreme.
Tho first business of the day was the
ssunnce of additional instructions by the
court to the trial jury i'm the case of w. II.
Veuneday, OH trial for embezxlement from
she Pacific EXPIRES company. The court
issued tho necessary instructions and In ~
few minutes the jury returned to- the court
room and handed in "a verdict nding
veuneday guilty of stealing s67l from the
Pacific Express company While their
agent Mt Anaconda, and fixing the pun
ishment at one year imprisonment In the
p~enitentiary.
Judge Cole, ON behalf of venneday,
asked that sentence be not passed upon
the prisoner until next week. In the
meantime he hopes To he able to- have
some arguments brought up before the
court which will mitigate the sentence.
During the trial he took several excep-
tions to- the courts rulings which he asked
20 have decided before the sentence is
Judge Dewolfc then discharged the
grand jury from further upon
while they had discharged their duties
under this court II WAS not impossible
that they might n gain be under
tho new law Of the newly organized state
of Montana tn aid agaiu in the execution
OF Justice during the next few weeks. 80
The court then Informed the members
Of the bar present that ali witnesses sum
moned before the court at this session on
: criminal cases would he relieved from
day morning next, when they must all
again he on hand. The learned judge
gid that under the new constitution OF
entirely changed. The constitution pro-
vides for "a different manner of summon
of jurors and for an entirely different
method of criminal procedure. Said
Judge DE Wolfe II doubt very much
~Innthpr N rand iury npp.nntns1Intl t.ntls.r
the old territorial law can properly dis
charge the duties of a grand jury under
any ease 1 think there is sufficient
doubt about the matter to Justify me i'm
not proceeding any further with criminal
cases i'm this court. 1t is difficult tn say
whether or not the proceedings IN crimi-
nal cases hereafter in this state should he
under inforInations laid by the public
prosecutor or by indictments brought by
the grand jury. In the meantime 1 feel
justified in delaying all criminal cases I'M
til next Tuesday. when il il To be hoped
some satisfactory decision as to- the rights
of this court shall bc agreed UPON"
grand jury had found true bills, were. then
brought into court To plead. John Lyle,
charged with burglary, plead not guilty,
AS did also w. Harris, charged with the
II. Frank ingersoii, charged with arson
name was called. He was Informed that
the grand jury had four true bills againt
him for rr rsni;..d L. not 2 e la'i;x ringing rns.s ySiss
Lippincott then Informed Mr.. O'Donncll,
InRersoll's counsel, that he had still an
public prosecutor against Ingcrsoli charg.
ing him with arson. This information
was, OF course, but q precautionary meas
ure undertaken by the county attorney in
ease, i'm the transfer of authority from one
judicial functionary To another, Ingersoll
ments. Mr.. O'Donneli ON behalf of In
gersoll waived reading of the information
and asked for twenty-four hours in which
Charles Duffy. charged with burglary
plead not guilty. All Sick. n chinanlar
who could not speak or understand Eng
lish. had - plea of not guilty, entered b.
order of the court. He was charged will
assault with intent to kill. Charles Me
Gill, for burglary. entered u plea of guilty
Mr.. O'Donneil, McIilrs attorney, urgct
the court to take u %ienient view of thi,
had BEEN arrested last July for stealth,
goods to the value of S13 from the otfic'
of DIR. Schultz. Since the 23d of July tn.
young man mad been incarcerated in jai
and during most OF the time he had beer
very sick. Counsel urged that prisone
particularly as the young man did not he
s q; .,a had been ;n,i led . lime The ;nr s$;5
drinking and bad companions
Prosecutor Lippincott urged that McGil
had been for two years back almost
constant prisoner in this city. He was
bad and useless character and should b
severely punished: The court then ssI
court then stated that all cases set fo
trial between now and next Tuesday wi
what arrangement would he made on tina
day. Judge DeWolfe said he set tlies
eases aside not because he did not thin
the court lacked authority. since "a coui
which had power tn set aside and vacat
hearings had also the right to hear I'll
cases and decide them. But he deemed
best at this time ~toexercisc AN abundanc
of caution in order that the present crit
cal state of affairs may DE judiciousl