The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-07
THE COAL CASES NOW up
A Jury Secured in the District
Court to Try Patrick J.
Tuohy.
The Northern Pacif1c's Charge
Against Employees and
Merchants.
A Big Array of Legal Talent on Both Sides
Evidence to be Heard
A Big Array of Legal Talent ON Both Sides
Evidence to be Heard
To-Day.

One of the coal cases il up in the district
court at last, and if a conviction is secured
in this the others will be brought to trial at
once. jury was secured yesterday to try
Patrick j. Touhy on the charge of receiving
two carloads of coal alleged to have been
stolen from the Northern Pacific Railroad
company on July 14th. 1889. Thirty-six
names were called before the necessary
twelve jurymen were secured. As completed
the jury stands az follows: o. w. Carpen-
ter, 0. B. Totten, George P. Reeves, NJ. "A.
Lovely, Lew Davis, John Kuntz, N. L.
Stone, David Morris, James Twiford, John
Brayman. Abraham Thomas, and F. E.
Thibetts. County Attorney Nolan repre-
sented the state. and associated with him
is j. 7. Ronnel, of Seattle. who is con-
nected with the Northern Pacific. On the
other side is brilliant array Of legal talent,
including William Wallace and ex-JudRe
N. w. Mcconnell. When the jury had
been sworn, the court adjourned until this
morning.
The coal cases may be rightly termed eel
ebrated, not only in Helena, but in eastern
localities, both on account of the promi-
hence of most of the parties involved, and
the circumstances which brought the mat
ter to the attention of the grand jury. Be-
tween tu0 pcI1OU exUeuOluk 1TOIu JANUARY
to July Of last year the Northern Pacific
railroad people began to suspect that large
quantities of coal, varlously estimated at
from seventy-fve to one hundred carloads,
had been taken from the company's yard at
Helena. An investigation was started, and
discovered that the coal was taken from its
cars, with the connivance Of employees of
the company. The matter was brought to
the attention of the grand jury, and in
March last indictments were found against
Patrick J: Tuohy and BENJAMIN Halford,
foreman for the Helena Lumber company,
and Ben Scanlon, William Murphy. George
Hall and two other employees of the rail-
road company. The merchants were
charged with both taking the
coal and with receiving it, knowing
road men were indicted only on the charge
of taking the coal. The cases have been
put off from time to time on various mo-
tons. the latest being an effort to have the
indictments set aside on the ground that
there was not sufficient evidence to warrant
finding true bills. This motion was over
ruled last week.
After the Touhy trial ia disposed of the
case of Scanlon will be taken up. The evil
dence in the Touhy trial is expected to be
all in to- day. and tomorrow will probably
be devoted to the arguments.
Civil Business in the District Court.
F. r, Wallace vs.. j. B. Lewis ct al; judg-
ments by default for plaintiff.
John Emdall vs.. Emma J. Thornville; de-
murrer overruled and five days granted to
answer.
j. Ladriere vs.. H. P. Rolph; demurrer
submitted without argument
Solomon Roth vs.. Bosnian Bros. & Co.;
Judgment by default for $S12.5O.
Tompkins VS.. Pugh d Reed; demurrer
sustained; five days granted to amend COM
plant.
st. Amour vs.. Parent; demurrer over
ruled; ten days given to answer.
Equalized County Assessments.
The following reports of county assess
ments, as equalized, have been received
here:
Meagher Real estate, $1,446,0ss; i'm
provements, $467, 351; personal, $2,O41 1923;
total, 1886 062.
Missoula Real estate. 81, 1853 100; i'm
provements, 1865, 09S; personal, $2,4S 1906;
total, 1888 063.
Dawson-Real estate. $244, 149; personal,
$1.184, $50; total, 81, 428, 731.
Fergus-Real estate, 1885, 908; improve
ments, $42O,6O2 personal, $2,539, 1865; total,