The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-03

woman who took the place. ! was not doing
n mHsa % Ct u .Mns ,.san|:. l GI",I vi .s;d p e . maaa
not stay any longer and wanted TO 20 to
Butte. Iinsisted on not going but no said
never mind. We would ind work. We ent
and took room on Park avenue. Tho nsSs
evening no went out ut eight O'clock ana
did not come back until four ne h nsas
He said no had been gambling IT tho Com.
bination house. The next night no was out
and whom he came In pretty late asked
again. He said he had been gambling. II
told him he had not for / WAS at the place
and b. waa not there. y o went .s OF , shas VIZ "
had been. This was about the middle q
last August. l was not at Anaconda. !
never was nsarer there than Granite.
The witness then related that she was In
her room In tho frame house on Ewing
street on the night Of tho Richardson hold
up. About eight o'clock she went down
own and bought a paper and returned
shortly. Mr.. Wolf. who rented the room
to her and Clark, talked with her for awhile
after her return. The conversation lasted
until nearly midnight. Wolff went 70 bed
and she sat down and read and was In bed
came in about this time. hhe said hs never
could come into the room unless she knew
1t. He told he'll to get up that he wanted
breakfast and went to the Court dining
room. At this time he gave her the watch
son az his. She left the house again between
eight n nine O'Clock. Clark told her he was
tired and was going to bed. She told him
she had a sick headache and was going out
to take q walk. In testifying she said she
walked farther than she thought whom
arrested on the railroad track east Of the
city.
In respect to Marshal Furay's testimony
AZ to her confession she said she did not
remember much. Lots Of people came to
see her at the city hall. Many shook hands
with her and said they wore her friends.
she had seon go many oilcers she aia nov
Bertha Helen Forslund was her true name.
Clark christsned her .'Charlie Miles, when
she put on the pants. While working as
hotel clerk in Missoula she got $4b per
month.
There was a dramatic scene when Clark
WAS brought in to testify In behalf Of the
woman. He did not 20 on the stand IN his
own trial. He WAS taken in the stenoRraphers
room and searched, AZ q precautionary
measure, before testifying. No gun
was found on him. He told the
jury that Helen Forslund was his room
Richardson holdup he left her in the room
at seven O'Clock and did not see her until
the next morning about six O'Clock. he
gave her the gold watch about seven that
morning.
During his cross-examination Mr.. Nolan
held up Richardson's watch and said to
CLARK, Where did you get that watch?'
not being on the stand as a defendant it
was the duty of the court to notify Clark
that if as a witness his answer would tend
to convict him Of the crime of having
robbed Richardson of the watch he need
not answer the question. The Judge. TO
sustain his ruling, read from Wharton's
criminal evidence and stated that the wit
ness could avail himself of the privilege &c
corded him if he desired to. "Do you wish
to answer the question: said the judge.
II would rather not" said Clark, az he
turned toward Judge Hunt. He was shiy
He was, however, compelled to answer
that he had been convicted Of having
robbed Robert Ray of his watch, having
been tried for that crime. Another ruling
upon the Law of confessions was had when
the county attorney sought to LAY
the foundation for impeachment by
asking Helen as to her admissions tc
! Officers Nicholson and Sims. The court
held that under the decisions of the su-
preme court, in view of the hopes OF fayo1
and words of advice given to defendant BY
Sergeant Nicholson, made to her just afte1
nef arrest. Tue CONCESSIONS were lAAumAss,
bic and that any other confessions made
by oer about the same time TO pelson'
known to her to be officials were inadmis'
sible, unless it was shown that she was no
induced by the hopes held out to her b.
Officer Nicholson. The evidence wa
therefore excluded, which left the copfes
sion to Furay as the strongest evidenc'
against her in the way of admissions mad
by her.
Clark denied that his true namo was Flu
guella. Letters to prove this were ex'
Guided. He admitted that Emil was hi
middle name and that he signed his name
Henry E.. Clark. He is "a years old ant
has been in Montana sixteen months. an,
says he is a machinist, but never followed
tho business here. Az he passed out OF tn
court room he stepped over and shool
Helen's land and whispered something t.
her. The tears came to her eyes. Sh'
cried for several minutes.
When court adjourned at i've p. m. tn
defendants attorney objected to the jur.
separating for the night. This made al
evening session necessary 80 the CLOSING
arguments of the attorneys could be heard
Mr.. Blackboard said he considered the in.
structions of the court to be very fair. Tn
Jury left the court room at ten p. m. ant
Judge Hunt said Re would wait until clever
y. II. to receive their verdict, and if the,
did not agree by that time they would have
to remain out all night and bring in thei
verdict this morning.
The jury agreed at 9:45 p. ~; and brouRh
looked as if a ton had been lifted off he
when the verdict was read. She stood up
bowed to the jury and said: Gentlemen
l thank you for your verdict" Two depu.
ties took her to the city Jail. There i
another charge against her, that of beini
accessory after the fact, on which she i
now held.
The jury we're: David Merritt. Jacol
Fisher, John d. Wilson, B. l.. Smith, J. Il
Prosser, E. W. Brock, Louis Stadler. Il. M
Parchen. Thomas K. Goodwin, $. S. Cook
Charles Lehman, Charles A. Blackburn.
AFTER THE VERDICT.