The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-06-12
FOR TWO DAYS ONLY
Bailey, One OF the Northern Pacific
Train Robbers, Escapes and
is Recaptured.
Tho Trial of William Newberry, the
Alleged Leader, Begun at
Fargo.
Jesse X. Miller, of Helena, Absolved OF
Any Contempt for Not Appearing
When Summoned.


Charles Il. Bailey, ono of the robbers who
held up the Northern Pacific express a year
ago, confessed his crime and received q
sentence of eight years in the penitentiary,
was a free man from Monday until Wednes-
day. bailey was wanted as a Witness for
tho government on the trial of William
Newherry, tho principal in tie robbery.
Newberry's trial began Monday at Fargo,
N. d.. Bailey WAS on the way from the
Sioux Falls p%enitentiary to Fargo in charge
of Deputy Marshals Christinnsen n
Francis. The party had to travel by way
of st. Paul, which place they left Monday
morning. When about forty-fve miles
out, near Il lsace called Mon
%ticello, Bailey asked permission OF
Francis to go to the water cooler. He
went and returned and soon after went
again, making several trips. The last time
the car door happened to be standing open
and a man was leaning against the side of
it. Bailey abruptley pushed him aside,
jumped from the platform and rolled over
and over down the ~embankment. He re-
covered himself quickly and not being
shackled or handcutfed, made off for the
tall timber. The train was stopped, but
Bailey hal fifteen minutes start, and sue
ceeded in keeping it. A telegram reached
Chief Inspector Bedell, of the postof1ice de-
partment, who had been to Fargo
and was returning to Helena, an
~nouncing that Bailey had been re-
captured. The telegram was handed
the inspector on the train at Dickinson on
Wednesday, but gave no particulars Of the
capture. Bailey, by his attempt to escape,
~forfeits his allowance of time for good be-
haviour.
Newberry's trial is now under way at Far
go. He is having the benefit of able coun-
sci, Lawyer Miller of st. Paul, who appears
for the defense, being a bright young attor-
ney who is anxious to win this, his first big
criminal case. The plan of his defense had
not yet been made public when Judge Be
dell left Fargo, but from the tenor of the
oross-examination by the defense it will
very likely be to prove an alibi or throw
doubt on the identity of Newberry
with the man who held the big
pistol to the train men and the mail agents
and compelled them to do as he bid them.
Newberry has wealthy relatives in the east,
and they are working hard to save him from
conviction, which, for forcibly robbine the
mails. may mean Il life sentence.
The prosecution is conducted by United
States District Attorney Selby, also a young
man anxious for a record. Hee had worked
his case up we'll and when the prosecution
closed on Tuesday evening it looked as if
he had succeeded i'll identifying Newberry
beyond a doubt as the leader in the
robbery. Brakeman Foster, who was
not on duty at the time Of the rob-
harry INIT whn yUOc 1noIhn0IIrr hip
way back home was one of the men whom
Newberry marched at the point of his pis-
tol to the mail car. He was positive of the
identity of the robber. Mail Agent Charles
Sherlock was even more positive. The
leader in the robbery kept Sherlock covered
the registered packages, cut them open and
put the registered matter into a common
newspaper sack to be carried away While
this was going on the robbers musk slipped
and Sherlock recognized his features. They
were those of Newberry. Postal Clerks
McMurray and Sperry also identified him.
Another important link in the chain of
circumstantial evidence was forged when
Jesse X. Miller, of Helena, went on the
stand. Mr.. Miller is the witness who for
several days successfully resisted the efforts
of the North Dakota court to get him to
leave here for Fargo to testify against New
berry. After establishing the fact that the
marshal of Montana had no right to take
him. MIR. Miller consented to go with a
deputy from North Dakota. Arriving at
Fargo he expl ined to Judge Thomas, of
the United States court, his reasons for not
going when first summoned. He explained
that he had some deals pending when called
to Fargo, and that his absence from
Helena at that time would have
meant the loss of probably
thousands of dollars to him.
He was also able to point out to Judge
Thomas tho law bearing on the subject, and
proved conclusively that in such a case the
marshal of the state in which the
was issued must serve it, and not the mar
shall of another state. Mr.. Miller made il
apparent that he was not an unwilling wit
ness, but that lie was justified in remaining
in Helena until his business was over.
Judge Thomas accordingly absolved Mr..
Miller from any contempt.
When placed on the stand Mr.. Miller
identified as his property some valuable
minerals which he had sent by registered
mail, and which were among the articles
found on Newberry at tho time of his cap
ture. He also produced the receipt given
at Helena for his registered package. His
evidence will make my nttompt to prove
an alibi an uphill undertaking.