The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-04-21
Maine. the Jail Breaker, Wanted
for a Bigger Job Than
Hose Stealing.
Lawyer Newman Lays Down the
Law About Drawing
Axes on Folks.
Tho Question as to Which Way = Cow
Runs When Hurt Comes Up In
Justice Court.

son made their exit from tAe oiey jaii Wy
way OF the back door. it was the idea of the
police that the most serious charge against
Maine was stealing a lot of garden hose.
Subsequent developments, however, lead to
the belief that Maine is the person who
broke into the residence of G. r.. Vaughan
and secured about $1,000 worth of jewelry.
1t will be remembered that johnson was re-
captured the night after the escape. At the
station he begged off from being handcuffed
and shackled on the promise to tell some-
thing about Maine that the authorities did
not know. He said that before tbs escape
Maine told him of a cache of about $1,000
which they would secure as soon
as they got outside. When they were clear
of the Jail Maine told the colored man that
the cache consisted of jewelry. johnson
was somewhat disappointed, as he had ex-
pected to get enough good hard money to
take him clear of Helena. The W Jail
breakers were to meet that night, go to the
place where the jewelry was concealed, and
divide it. Before the engagement could be
kept, the police learned of Johnson's place
of concealment, and he was captured.
Maine had said he was going to Spokane
Falls, and the chances are that Vaughan's
jewelry has been disposed of there before
now.
"When a man pulls an ak on you. b law
allows you to defend YOURSELF" was the
legal maxim laid down by Lawyer G. G.
Newman in Judge Fleischer's court yester-
day. Lawyer Newman was counsel for
William Body, who was charged with. as
saulting j. G. Barline. The affair grew out
of a load of wood which Body de-
livered to the Barline residence.
Some one collected the money for it in
Body's name, and when he went for his pay
he was informed of that fact. He and MIR.
Barline had some words and came to blows.
No serious harm was done to either
party. There was some conflict
of testimony as to who started the
fight. Body said Mr.. Barline had al ak in
his hand, and he grabbed it to protect him
self. Mr.. Barline said he was splitting
wood, and Body grabbed the AK from him
and held it up threateningly, holding him
meantime against the fence, though not
striking him with it. The jury we're unable
to determine whether Mr.. Bariine was try
ing to drive Body off the premises with an
az, or whether Body was trying to collect
his bill by means of that instrument. Sc
they found Body not guilty. 1t was in
evidence. however, that when the wood
seller had MIR. Barline against the fence the
latter paid the bill.
The question as to which direction a COW
runs when hurt was up in Judge Fleischsr's
court last night. Lawyer Thomas D.. Penny
claimed that all the law of the animal
kingdom went to prove that she ran straight
in whichever direction she happened to be
headed at the time she was hurt. County
Attorney Nolan commended that there was
no fixed rule on the subject, and that nc
mar could tell what might be the first i'm
pulse of the cow under such circumstances
The question came up on the preliminary
examination of John Waterstreak, night
telegraph operator of the Northern Pacific
depot at Butler, who was charged with hav-
ing shot Peter Carr's COW in the hind leg.
The COW was hurt on the night of April 10.
Carr says he heard a shot from the direc-
ton of the railroad station and saw his
COW run for the barn. Next day he found
a bullet wound on the inner side of her
AlAO lex "dGoIstIodh says uo udu DoSu III
the habit of going out at night with with a
small rifle to shoot at coyotes. He knew a
COW from a coyote and positively de-
MES shooting Carr's COW. A dia-
gram of the surroundings, pre-
pared by the defense, showed that if the
COW had carried out the rule about forging
straight ahead when hurt, and mad thus
reached the barn, her position at the time
of the accident would nave been such as 70
make it impossible for a man shooting from
the depot platform to have hit her on the
inside of the hind leg. Judge Fleischer did
not Know which way a COW would jump
when hurt, and considering the circum-
stances surrounding the case, he thought it
best to send the matter to the district court.
Waterstreak gave bail. The injuries of the
cow, though painful, are not necessarily
fatal.
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