The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-04-10
Judge Hunt Rules Of the Case Of
Doc Sesley, Sandy Lane and
William Woods.
The Court Says the Testimony
Showed That Two Of Them
Wore Guilty.
Doubt Entertaiasd ~ to Lanes
Guilt.

1ootof0Ay m0Inlnk VIZ 0oA0u1AAs@t 10"-
Icy, Lane and Woods, were brought into
court 10 hear tho ruling Of Judge Huat apon
their notion fer : new trial. Il will be OBJ
served by reading tho opinion thas tho
Judge sxcoriatss ssslsy \ Woods. snd
says that the evidsnse proved their guilt
conclusivsly. but that ~ reason Of the
county attorneys having forgotten to
provs the character and denominations and
value Of Kirstsn's monev, under ths law
the conviction Annot bs sustained. The
Judge grants Lane ; new trial upon the in
sufioisncy Of tho evidence. The ruling Of
the court 10 % follows:
.Imprsssod by tho earnestnese and
strength OF tho Argument OF ths5 lenrnsd
counsel Of the defendants for new trials in
these cAaas, the court has, with this greatest
care, reviewed. each and all Of the grounds
sst forth in the motion, TO the end that the
dsfsndants may mot be convicted Of crime
except upon ample and compstsnt evidsnes
based upon correct and Just principles Of
ths law.
II hold tho instructions 10 be fair. II
there was any error in them It was in the
statement Of the lsw st the nsessaity Of
proving tina defendants were concerned in
tue 019pU1AA Ol jEu0 OAC AASA0y 49,
county. But tbs ruling WAS in defendants
favor, Ind they cannot complain.
Defendants say the verdict was unsup-
ported by the svidsVee. Kristen. the prose
ssting witnes, en- route TO Tacona, was &C
eosted by defendant Sseley, who asked him
whore he came from and whore he was 60
Ing. Kristen ID q plain, laboring, foreign
born youth Of q years, evidently : country
boy and unaccustomed TO the queer ways OF
the non he foil in with. Kristen told him
he was from Wisconsin bound for Tacoma.
He same from afar and was going afar.
This Was the beginning OF the scheme. 10
pass time Seelsy proposed cards. 6oslsy
apiaced himself by tbs victim. Euohrs was
tho game. a bet on IL poker hand between
Sesley and one Of tbs defendants WAS made
md Kristen selected ss stakeholder. See
ley lost. Euohre was resumed. Presently
sselsy announced that he had q good poker
hand. and he bet SO on il. To lead the
VICTIM. on Seslsy turned his cards so that he
could see his hand. The eountryman,
knowing but little Of cards. yet believing
in his own cunning, bet $40, seeing
his hand was better than Beeley'g. They
made Lane . stakeholder. Defendant
Woods then said he was in the bet. and put
some money into LANES hands. Kristen
objected, but sselsy and Woods insisted.
even oounted. seeley then raised Kristen
800. Poor Ktlsssn had only $9b, and fool
ishly told Bsslsy that that was all he had.
seeley laid: Pat your $95 in TO get ashow
for your $10.'' Kristen put it into Lanes
hands. They showed their hands. OF
course Kristen boat Seeley, hut Woods,
who, against Kirstsn's protest, had insisted
on coming in with his u%neounted roll, had
four nines. The stakeholder. at once gave
Woods tho money. Woods and Ssslsy
forthwith left tho car-ths casual scquaint-
Anco was psremptorlly ended, and mo mere
cards were played.
I'm all material matters these facts wore
corrohorntsd, by Benoit, a travelling com-
panion of Kiysteu's, who also Gw0re that
the manner and conduot Of tesloy and
Woods a :oused his suspicious and he tried
to advise kirston to not venture his money,
but was unable to do 50.
mo one saw Sseley or Woods get on the
train. The game was played in Gallatin
county. TIE train came on to HeloAa.
Thers Woods and Lane got oil. The victim
also got of at Helena. Arrests were made.
hesloy aought Bsnoit before the prelinin-
ary examination and asked him it the
matter could not be settled, and seemed to
abandon hops whom heard the officials had
the matter In hand.
.Ths defendants offered no testimony at
all. Upon these outlined facts Bsslsy and
Woods were convicted Of grand larceny.
There we're aome other facts 40 10 Lanes
condrct, to be referred to later on.
Assuming for = minute the money of
Kirsten to have been genuine and valuable,
the court is wholly unable to reconcile
Sasley and Woods conduct with that of
innocence. Every fact and circumstance
points to collision between them. Alnost
svsry man Of ordinary experience in life
knows that the reputed method Of conf
dencs men il to engage the victim in a
game, Let hin believe he has we'll nigh a
certainty, and then suddenly, by tho inter-
vention Of the third man, or stranger
win the countryman's money. So notori-
Gus are such methods that VI seldom hear
OF my ones being dupsd by these light
fingered eushrs players unless he be soma
roor country stranger like the witness
Kristen.
Observe the plan. seolsy inquired
whore he was going. Seoley suggested
the game. seslsy called the Others. who
were conveniently close. Sssley inter
ruptcd tho euehrs game with poker diver
sions. sesley proposed the bet. Ssslsy
de1.srously, EXPOSED his hand, ss.ley nr-
1kilfully ascsrtainsd just how much the
traveller had. seelsy told Kim to put every
dollar he had in. 6ssley assented to tho
delivery Of the money 10 Weods, and sim
ultansously broke up ths game. Woods
was 1859 40klv0 IMAM 6o0l0y until Inc money |
Of Kirsten Was in sight. He insisted on
coming in. and found An advocate in
6seley to uphold his right to do 30. That
Woods il a conapirator ID clearly evidenced
by his asserting to the statement of Seeley
that il was necessary for Kristen 10 put MP
sos to save the $40 bet with Seeley. This
was too plainly = willful falsehood CON
cootsd to cheat Kirsten. II ID also a con-
vinoing circumstances that Woods handed a
large roll of money ts the stakeholder
without counting 1t or directing that it BE-
counted. This would tend to show that
Woods and Heeley were acquainted with
ono another. A stranger would never have
acted thus. particularly after one Of
had. Again, if Woods were limo
cent and honest he would have dsmurrsd
to thu Of Seeley made in tho midst
OF a suchte game that it was his privilege to
bet on q poker hand against Kirsten's ohieo-
tions. One most ignorant of cards knows
that two games Of cards are not played to-
Qether. And finally it Woods had been an
player of an honent game he would
never have quickly taken all the monsy OF
Kristen, won in the it was, and left
the car never to return. II ID true that the
evidence wholly fails to show that defend
ants were gamblers or knew one another.
But thsir asta proved that they knew ut
least two games OF oards, and tho vigorous
way that they argued WsodA' right TO come
in on the 395 bst with Kristen establishes
a familiarity with sho privilege AZ Sseloy
called il, OF q pnksr game. which il sas-
1{u{-,p. N& ~.., y tAa.k and r.hrr1, A~..- la |