The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-07-22
Circumstantial Evidence Expected to
Prove Him One Of the
%Highwaymen.
Tilt Proves a First Glass Alibi
and Ia Allowed to
Go Free.
Some Passages the Lawyers En-
liven tho Proceedings In the Court
of Judge Sanders.

terdny afternoon and last night at the pre-
liminary hearing of Stoney Hancock and
Fred Tilt on the charge of holding up
"Patsey'' or William IL. Rice and u. j..
Bowman, ON the outskirts, last Sunday
morning. Hancock wrs represented by
William Wallace. Jr. Tilt had no coun-
sci. County Attorney Nolan conducted
tho prosecution. In the testimony for the
state it was evident that the authorities
were satisfied as to Tits innocence Of any
connection with the affair. The line of
prosecution was directed only toward
showing that Hancock was one of the guilty
parties.
l.. l.. Bowman was the first witness. He
testified that on Saturday night he and
Rice called on two women in the Union
block. in company with Hancock. They
had several drinks, and Rice pulled q $50
bill out of his pocket, and in doing SC
showed a roll of money. Hancock left
about l1:30 p. M, saying he was going to
bed. The remainder of Bowman's testi-
mony was in regard to the hold up. Bow
man told how he saved his watch. When
he saw the men who stopped them were
bent on robbery, he ran off a few rods and
hid his watch in a place whore he found it
next morning.
w. H. Rico testified to meeting Hancock
in the Union block and also at the Atlas,
where he loaned him SIS to play faro. Han
cock had on a light suit. Coming
down to the robbery, Rice said he was driv-
ing at a good gait as they neared the Mon
liant Central crossing. He saw two men
rk.rl;r, %Lora o~A %hip inv thai, ,p,i.h&
be boys from the race track who would like
a lift, he slowed up. When the carriage
came up with them the men jumped at the
horses head and grabbed the animal. He
made a cut with his whip and one of the
men let 60. The other held on, causing
the horse to turn, throwing both
occupants out of tho buggy. When he
struck the ground one of the men came to-
ward him and ordered him to Hold NJ
your hands or PHI shoot YOU" Thu other
man came back, and the struggled ensued,
during which Rice was shot in the head.
Having an empty pocket book in his trous'
ers' pocket, he gave it up, saying, Now
you've got my money, don't kill me.' BY
this he hoped to throw the men off and
save his money. The men kept insisting
on having the other pocket book, which
contained the money, and which he carried
in his coat. The smaller man had him by
the throat, and the other was holding one
hand and trying to reach his pocket. Rice
made a struggle to save his money, anG
with his free hand partly pulled off the
mask from the face Of the smaller man
whom he thought he recognized as Han
to save the horse. Bowman ra,
to do SO, but came back OF
Rice's call for assistance. Az Bowman ap
preached the man who had Rice by thu
throat called to him to keep back. Rio.
also testified to having shown his roll o
money, about 5000, before Hancock during
the night.
The testimony of DIR. Z. l.. Kellogg pu'
some variety into the trial, which up tt
that time had been somewhat dull. Thu
doctor, after telling about Rice's wound
and testifying to having known Hancock
WAS asked by the county attorney in regarc
to the scratches on the accused mans face
Lawyer Wallace objected. He said that h.
had listened TO the evidence as to Rice'f
hurt and the treatment he received, Rnc
Through which he SO ~miraculously lived, ,
but he objected to having his client under
go an examination for the purpose of con
victing him. County Attorney Nolan be-
started to read an authority
on tho matter, when Lawyer Wallace
again interrupted him to say that b,
wanted to avoid any long argument. 81
had withdrawn my objection" said he. iii
order to avoid your garrulous verbosity."
Speaking of garrulous verbosity," re-
piled the county attorney, ''strikes me a
a case of the pot calling the kettle black"
II thought the point was settled" sale
Lawyer Wallace YEARLY. You remind M,
of a woman, in wanting the last word"
DR.. Kellogg then went on with hi
testimony and declared that he had neve
before seen the scratches on Hancock
fnoa lie oIun enid hn hn1 fn,,nl t,,
abrasions of the skin Oh Hancock's leg.
County Attorney Nolan opened a bundl,
and produced a vest and a pair of trousers
There were several stains of blood and mue
or the trousers and one blood stain on thu
vest. The doctor said the stains were from
human blood. Tbs vest had the appear
nnce of having been washed. Following
the DOCTORS testimony, several witnessed
were introduced to complete a chain of cir
cumstantial evidence intended to show tina
the bloodstained clothing had been take1
off by the accused after the robbery, AM
that he had not gone to bed when he lief
Rice and Bowman at the Union block, Pc.
liceman Martin told of arresting Hancock
about three o'clock on Sunday morning OF
Main street. Sergeant Nicholson said h,
went to Hancock's room with others aftel
hearing of the holdup. and saw
the bed had not been occupied
during the night. Special Officer George
SCk SAN I1aIlCOCk III inc aUlaS SatufOh1
night. The trousers he had on then wer,
not the same he wore When arrested. Or
Sunday Breck went to Hancock's room anC
found Il pair of trousers in a bureau drawer
They were covered with mud and blooc
stains, and were not thoroughly dry. Mar
shall Sims told hpw tho vest had been founc
in the cell occupied by Hancock.
County Attorney Nolan announced tina
his case was closed. LAWYER Wallace saiC
other witnei SEES had been summoned by thu
state and he wanted them put on the stand
The point was not pressed, however, as the
county attorney, while insisting on his right
to decide on the character of evidence tc
introducesadmitted that those not put or
the stand would only give evidence of the
same character as those who had beer
heard. Lawyer Wallace then announced
that the defense would introduce no testi-
mony.
Tilt, in his defense. called about n dozer
witnesses, who established an indisputablt
nlibi. The case was submitted without ar.
Gument, and Judge Sanders held Hancock
TO answer Mt the district court, and dis
missed the case against Tilt. At the re,
quest of the counsel for the defense, the
fixing of the amount of Hancock's bal
was left over till to-day. Tilt, on reaching
upper Man street, was surroun ded b,
about n hundred of his friends who nearly
wrung his hand off with their congratula.
lions.