The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-22
Judge Milburn Gives Jury al
Billings Piece Of His
Mind.
They Find Fred Particle Guilty
and Then Ask for
Mercy.
Several Offenders Sent to the Penitent,srv
"A snre-ThinK- Man Sentenccd tos
Year Mt Deer Lodge.


county ended to-day after n two weeks' ses-
sion' Ihe criminal calendar was pretty
heavy. the grand jury bringing in no less
IMAM ten indictments and in every case con-
y'ctl"n followed. Harry Grayson was sent
70 The penitentiary for two years for forg-
cry on his own confession OF guilt. John
Cummings, notorious hard character, was
indicted for burglary and grand larceuy
and stood trial. He WAS declared guilty by
the jury and tho judge sentenced him to
three years i'll the penitentiary. Michael
LcIgh and another man whose name il not
gwen, were indicted for burglary, but
notn pleaded guilty to petit larceny. Tho
piea WAS accepted by the state and each of
the rnen given three months in the county
Jail and assessed costs Of trial.
The sensational case of tho term was 4ha
MEXICAN. Fred Partsllo, tried for the .rime
OF rape. This case had many elements of
uncertainty about it and it was expected
that sensational developments would be
made during the progress of the trial. Il
VIII be remembered that in November Iast
tine accused Mexican came into thia towp
late at night and gave himself uu 10 tho
sheriff, claiming that the Graham bovs. Of
Custer, had attempted to kill him ana were
rnnhing him out Of the country. The
Srahans afterward came and LODGED
complaint against PartelIo, CHARGING
MIN with rape on Joe Graham's wife.
on triai 1t was the Mexican's word against
that OF the woman. The Mexican started
out With plea boforo tho court Of guilty of
adultery, but not guilty of rape. claimed
Illicit intercourse with the woman for a
period OF several weeks, and 80 impressed
the interested attendants at the trial with
the truthfuiness of his statement that the
veroict guilty AZ charged rendered by the
jury after several hours deIiberation was
rather unexpected. Before pronouncipo
sentence on ParteIlo this afternoon. a peti-
ti"n was placed in Judge MiIburn's hands
signed by majority of the jurors who had
conVicted the man, cxhorting him to lem
iency III pronouncing sentence on the cul-
DrIf,a9 The judge took occasion to read
this document in open court and then ex-
pressed himself concerning that jury in n
manner that some Of them will not soon
forget. lie said that twelve good men and
true hsd found the prisoner guilty of the
heinous crime of rape, guilty without q
shadow Of doubt and according to the law
and evidence and that his duty was plain.
he must pronounce sentence. That the
rymen should sign such paper as tho
'ne he had just read asking leniency in the
sentence was astounding. There could be
10 extenuating circumstances in the COM
mission of such crime as rape, and the
nan Was either guilty or not guilty, God
lone knew whether Fred Particle was in
locent or guilty of that crime, but he was
~ MS own confession an adulterer and
bad man to be at large. But the punish
nent OF one offense did not condone the
'ther, nor was it lawful atonement. These |
urors had placed him in painful posi-
ION, but he would do what his own con- |
cience commended. He then turned bia |
ttention to the husband and brother who
lad allowed forty-eight hours to transnire
efore their anger rose sufficiently to get
iter the assailant. Particle stood up and
he judge in few words sentenced him To
he shortest term Of imprisonment allowed
y the statute-fve years in the state
rison.
Next came the saloon keeper and sure
hing-man. VIM. ii. Page. He and ono
has. Hart ropcd in man at PAGES ploce
nd heeced him. Both we're arrested and
9th indicted. Page .ood trial and had
no best counsel he could get, but nothing
Duld save him after his par tner in crime.
has. ). Hart, turned states evidence. He I
AZ declared guilty by the jury and the
'ntence pronounced upon him by the court
as one year in states prison and $500 fine
nd cost of the suit. Pages counsel
tempted to get stay of proceedings after
10 sentence. offered bail and read stacks OF
Nv. but Judge Mi,burn remained firm and
sciined to admit the convicted maj, to
nj Ill any sum. The other Indictment
,ainst Page was for conducting gambling
,use without license and his case was CON
nued indefinitely. Chas. J. Hart, having
rned states evidence was permitted Ia !.
,part i'll peace. the state having aereed
,t to prosecute. :
sensation Was created on Thuysdav /
ening when the grand jury made their =
ihi report and were discharged. They =
lrred up the musty files in some of the
unity Offices and made some allusious To
@ conduct of affairs by those of,icers
nose duty it was to collect licenses for the u
ansnctIon of business. especially liquor
I'd gambling Licenses. IL is safe To saw
at moro business-like method will be o
lployed hereafter. Credit is due JUDGE 81
llburn for the manner in which he ha, 81
pedited business at this term and honor n
r the scrupulous cxactitnde and Impair "
'Iity OF his charges TO the Jurors. y
TOWN OF NOBISSON