The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-13
|BO7A HELD FOR COURT.
Henry Clark and His Female Com
panion Have a Prelimi-
nary Hearing.
The Evidence Was Not Near 30
Strong as It Was
Expected.
County Attorney Nolan Will Keep on
with Charges Until He Finds
One to stick.

The fact that Henry Clark and Berthe
Miller ware to have their preliminary OK
animation yesterday before Judge Sanders
had the effect OF packing the police court
to sutfocation. Ih hearing was set for 10
o'clock, but before $3.50 every available par
ticle OF space In the court room was taken,
while the corridor and steps were filled
with q promiscuous crowd. Even the CHI
nese were interested in the case and among
the most anxious to see aud hear all that
was going on we're q dozen or more Coles
tials. There we're eleven ladies In the court
room, one or two az witnesses and the 9th
err drawn thither by curiosity. Mayor
Kleinschmidt had a seat alongside Judge
Sanders. 1t was after IL o'clock before the
trial began, the time being consumed In
getting q stenographer and in clearing the
room of the crowd, which WAS 80 noisy a.
to prevent the proceedings being heard
Save those who were in attendance on the
trial because of necessity, the crowd had bus
one object In being thereto see Bertha
Miller. Clark was brought In first, his
hands Hhnckled, and the murmur which
ran round the room was: HE is too small
to be very dangerous." He did not have
the appearance of either q very bad or
powerful man, and were it not for his eyes,
it would be hard to realize that he has been
guilty OF the crimes of which he Ia charged
Bertha Miller, dressed in a neat fitting
gray dress, with pulled sleeves, her head
surmounted by a light felt hat, her feet en-
cased in neat fitting shoes, when she was
brought in a few minutes after Clark, at
tracted undivided attention. Her facs
flushed Just Il trile as she glanced at Clark,
who returned her look with a quick glance.
Attorneys Kinsley and Blackford appeared
for the oirl, and on Clark saying he had no
counsel, the court appointed b. u. Peck to
defend him. l
The first witness called by the state was
Louis Wolf, a barber, Mt whose house CLARK
and Miller roomed. Wolf met them on a
train coming from East Helena about nine
days ago, and on Clark asking where he
could find lodgings, Wolf took them to his
house, and gave them a room next to the
kitchen. The first two nights each paid
separately E;,h. i,,d for rt thei ri lodging : Ins, and fTh tins n,a th'f of
ths Richardson hold-up Berthe Miller ate
supper with the VOLTS, Clark being in the
room. After supper BERTHE went with Wolf
Town town to a grocery store, returning
- with him to find Ola TX had gone out. About
1890 all the folks retired. Later BERTHE
asked Wolf for some salve, and then for a
book. Wolf testified that he gave them
to her, and that he did not 20 to sleep until
~ o'clock, and he was positive she was in
her room up to that hour. Clark came IN
about five O'Clock in the morning. He was
out very often at night, returning early in
the morning, generally about four o'clock.
BERTHE, according to Wolf, stayed at homo.
There is a low window out Of the room oc-
cupied by Miller and CLARK, and an en-
deavor was made to show that BERTHE Miller
could have gotten out of this window with
out Wolf knowing it. He acknowledged
this might be 80, but he was positive
she had not done SO on the night of the
Richardson hold-up, at least up to II
o'clock. @
After a recess the trial was resumed about
1870 O'Clock in the afternoon, Conductor
Thomas i. Richardson being the first Wit
ness. He detailed the fact OF the robbery
of last Tuesday night. as already published.
When asked to describe the man who held
him up, Richardson drew a pretty good
picture of Clark, except as to the mous-
tache. Clark's moustache has passed the
experimental stage, but Richardson said
his man had a very small one, SO far as ne
identify Clark as the robber, Richardson
could not be positive, but getting the pris-
oner to stand up, said he compared favor
ably with the man. The conductor was
subjected to a rigid cross-examination as
to his movements on the night Of the rob-
berry. Lawyer Kinsley announcing that it
was for the purpose OF testing his memory.
When he stated, that the man walked off
after the robbery, but not as rapidly as he
did. CLARK smiled slightly.
Policeman John Back detailed the arrest
of the girl with the watch on her. Her
story was so plausible that he and Police-
man Gibson had at first let her 90, and
then called her back. 1T was then they
found the watch on her which she declared
she had bought from q man. They took
her to headquarters with the idea of finding
the man who sold her the watch.
Detective Walters testified to the note
written in Norwegian and sent by the girl
from the Jail and the arrest of Clark. He
translated the note as follows: II am in
Jail. Come to me Immediately" Lawyer
Kinsley got the girl to translate it. Her
translation was the same except the last
word. which she made ''soon" instead of
''immsdiately.'
Sergeant Nicholson was next examined.
The county attorney asked him what he
had to say about a conversation with the
girl at the Jail relative to holding up the
conductor. This question was objected to
by the defense and led to some legal
sparring which appeared to amuse the
listeners, whereat Lawyer Kinsler SAID:
not for the defendants." When Judge
Sanders decided to admit the question, the
sergeant said he had extended no promise
and made no threats. He told her Clark
had been arrested and If she knew anything
about his connection with the matter,
things might 20 easier with her if she told.
Lawyer Kinsley again objected to the ad-
mission of the girls confession, and the
sergeant was not allowed to tell of it.
Il. i. Palmer, who was a special officer
on guard at the city Jail, was put N the
stand to tell of a confession the girl made
to him without any promises on his part.
She had told Palmer that Clark held the
man up and gave her the watch.
The county attorney stated that the pros
ecution would rest there, and Lawyer kins-
ley moved to have tho case against his eli
ent dismissed. This was overruled, MS WAS
a similar motion on behalf of CLARK. and
the two prisoners we're held in default of
So 600 bail each.
Lawyer kinsley asked that the girl be
placed in a hotel pending her trial, but
County Attorney Nolan objected on the
ground that she was only an ordinary per-
son charged with a serious offense. Judge
Sanders said no had no authority except to
commit both parties. and il any specinl ia
vors were wanted the district court was the
proper tribunal to ask.
Clark will be turned over to Sheriff JEFF
ferris today and kept in the county Jail un-
til time for the trial. The woman will
probably be kept at the city Jail for awhile
ut least.
The county attorney was very much sur
prised at the quality of evidence produced
yesterday. The conductors failure to iden-
tify Clark WAS the greatest disappointment,
though Richardson could not be blamed
for not making a careful examination Of
the robber under the circumstances and in