The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-11-30

was put on the stand. While giving his tes-
timony, which disappointed Mr.. Weed very
much, the witness was i'll at ease. He had
been the telegraph operator at Chinook.
He knew Kopsky and had loaned him
money, part of which had been repaid.
The witness confessed that he had robbed
the mail sacks. Mr.. Weed did all he could
to get an admission from Freeland impli-
eating Kopsky, but was unsuccessful; Kop-
robbery. He admitted that he had given
Kopsky money. In reply 70 q. question a.
to whether be had not testified before the
grand Jury that Kopsky was an accessory to
the crime he replied no.
lyon can see, your honor. the position
Weed. II am prepared to show By tho six.
teen members Of the grand jury that he did
testify that Kopsky advised him.
do you know that You are liable for per-
jury?" this to Freeland. Judge Atkinson,
who was defending, objected to such ques-
tions and was sustained.
Freeland said that no never told kopeky
he had been stealing from the mail sacks.
He had talked to the United States marshal
about the case. Mr.. Weed wanted to know
what he told the marshal. Judge Adkin-
son objected and was again sustained. Yes,
he had pleaded guilty to the indictment
with the stealing bns himself. Judge Ad-
kinson objected once more and was sus-
tanned when tho prosecution asked Free
land what he told the grand jury about the
matter.
the United States marshal. Were these
prisoners kept in the same cell?" The mar
shall replied that he had no other way Of
keeping them.
Freeland was further questioned as to his
habits Of life while working at Chinook,
but the testimony was not important. Here
is sample Of the witness replies:
"Why don't you tell the jury what you
we're doing up town at night2''
II was not doing anything
ibid you stand up or sit downf'
nett?'' 81
II don't know the letter."
Didn't You take SHOP
mo sir; took $780,"
Asked what he did with the money he
said that he had BLOWN it in. He did not
remember giving any of it to Kopsky. The
WitneSS was not oss-examined. VI 54G
Another witness for the government had
never said that Kopsky told him that Free
land robbed the mails. Mr.. Weed showed
the witness an affidavit, The witness
ment's attorney desired 10 read the affi-
davit. Atkinson was sustained in his OBJ
lection to the reading. While the contents
of the paper were not read, it appeared
from the attorneys demeanor that he want
ed to impeach the witness.
Three witnesses from Cascade county
were brought forth to testify to the defend
ants good character. They did not know
anything bad of him. On GROSS examina-
tion one Of the witnesses admitted that he
had been indicted for illegal voting. The
kid" a hatchet-faced fellow Of ~, sunk
his head between his shoulders took the
stand and looked neither to the right nor
left. Most of his testimony was, II don't
know; don't recollect."
Mr.. Weed wanted to address the Jury
briefly after the testimony was all in, but
the court did not think itwas necessary.
The jury then handed In the verdict and
Kopsky went over to the jail in front of a,
deputy marshal. @
Weed moved the court to sentence
Freeland. He had considered his youth
and the surrounding circumstances, but
was not now inclined to ask for any lenien-
cy: he asked the court to sentence the
prisoner to the full limit, Ave yeafs. The
lurymen and spectators stood around while
Judge Knowles commented on the case.
He did not seem to feel lenient when he
considered Frecland'a conduct, and de-
ferred sentence until Monday.