The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-01-12
GOSSIP IN DEER LODGE
How the Present Law Regarding Grim
inal Cases Should DO CHANGED.


special correspondence Of the standard.
DEER LODGE, Jan. 1.-The discussion
Of summoning witnesses in criminal cases
still continues here. Hon. j. C.. Robinson
gives an excellent illustration OF how .
change in our law will work for the pub
lie veal. A year or SO ago q number of
men at Ph~illipsburg were indicted i'm the
United States court at Deer Lodge under
tho Ku Klux act, and Mr.. Robinson was
employed To defend them. The case fin
ally went to Butte City for trial. when the
United States court was taken to that
place by Judge DeWolfo. Ono day just
before the case was to he called for trial,
the defendants stepped into Mr.. Robin
sons office and handed him q list of 43
w~itnesse. which they desired subpoenaed.
they would probably have to pay the
selves. They wanted ! tSSw
tina I'm the United States court the law re-
quired the defendant to make application
S nm r SH.a IN ~r,.lnE 70 .,1 sSui, :" savs
each Witness would testify tn. aud IL the
court regarded the testimony of any wit
made Ia subpoena that witness. rllereup-
ON Mr.. Robinson went to work with the
defendants to ascertain what tine witnesses
would testify to, and when the list was
prtincd 1t WAS discovered that only four
out of the ~ would testify Ia any fact of
Importance. These four were ordered
~subp<nnaed by the court, and when the
found they had to Go down
into their own pockets to pay for tue
well?
A prominent court official remarked to
your correspondent to-day that there Is
also another question of practice in crimi-
nal cases that ought to- he agitated for
two or more are Jointly indicted for any
offence, either can demand u separate
trial as "a matter of right and the court
nhnlnat u-aE - na sanp
trials as there are defendants, If they SO
demand, though exactly the same evil
%snss rs used r II saea trial ia the mh' f ETHICAL
law upon that subject which leaves
IA granting of separate trials
within the discretion of the court. How
long would the Cronip trial have lasted,
and what would the costs, II
the court i'm that case had not exercised
it's discretion and refused The defendants
separate trials? The cases now pending
There are five indictments each, JOINTLY
against George Edwards, Matthew Gra-
ham and Frank Abbott. The first case
on the calendar is called, each defendant
demands a. separate trial, and. as a matter
of right under the law, obtains it. The
regular panel of "a jurors and a special
venire are exhausted before "a jury is
Obtained. The jury impanneled tries the
against Graham. The jury which tried
Edwards and the balance of the regular
panel, are incompetent To Try GruIam de-
cause they have heard the evidence i'm the
Edwards ease, which is the same AS in the
Graham case. And SO when the same
case against Abbott in called, none of the
jurors who sat in the ease against either
Edwards or Graham, nor any OF the extra
iurymen who are in the court room and
hear the testimony, will he competent. In
each trial on the same charge 40 to as men
are brought from their homes ina different
jury. One indictment against three
worth $50. occupies the time OF the
court for nearly two weeks, 10y reason OF
separate trials, whereas il ali could have
been tried at once, one jury could have
settled the Whole matter 10y a trial OF oniy
four additional indictments against these
men he divided into separate trials fou
jurors alone, is anything but pleasant to
contemplate. It's enough to make ON
good, economical county. commissioners
give some good healthy kicks, but there il
no use, for all Is according to the law.
The whole of yesterday and to-day was
ham case. The jury was Completed til.
afternoon at 4 O'clock. immediately after
the jury was sworn and a witness put
moved for the discharge of the entire
jury, for the reason that one of the juror
was not q full citizen. I ms was not
prosecuting, but on further cxaniination
of the juror it appeared that before hs
Duffy that he had only taken on
his first papers, and as 1t appeared
further that ut hat time the defendant
had not exhausted all Of his challenges
the court thereu on ovcrruled the motion
and the trial was proceeded with.
La Grippe is taking hold of some OF ouI
citizens but in n mild form.
Rich strikes have been made in the
Gospel mine. i'm Orc Elmo and i'm the Me
Dcrmott gold mine at Bearmouth.
This v%srlic. as,i.s, Georso EDWARD,
has not been heard from yet.
The Alaska Seal Lease.