The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-15
On Trial In tho United States Cir
cult Court for the Crime
Of Raps.
onoa Convicted Under State Ju-
risdiction and demanded to
Federal Authority.
The Crime Com mitted IN ! white WON IN
W ! Mexican IN ths Urow
Reservation,

TAp&s lis p0Udlby EunA0A buV QAsAsuA 0uhfpA
laws is death BY hanging. II IL charged that
tho crime was committed 4 year ago last
November, twelve miles from Fort Custer,
ON the Grow Indian reservation in enstern
Montana. The defendant, Fred Rsartsllo,
was tried in the state court at Billings and
found guilty. The question was raised as
to the iurisdiction OF the court and the
Judge decided that his court had mons. Par
tello was turned over to the United States
authorities and brought to Helena for trial.
Mrs. Jessie Graham, the prosecuting Wit
ness, ID the wife OF q government wood con
tractor who had i camp twelve miles from
Custer, and the Mexican was employed
with others III ! woo~d-chopper.
United States Attorney Wesd in his
opening statement yestsrdny afternoon
told the Jury that he expected 70
prove Particle guilty Of thu crime charged.
He detailed the history Of the affair. II il
claimed by the government that the crime
was committed on Nov. 20. 1880. At that
time Mir. Graham and his wife were living in
tentk Ut his camp with his brother. Mrs.
Graham Ind two small children. Particle
boarded at the camp with the other en-
ployees. EARLY on the morning Of ths 25th
Mr. GrAham'a husband went to Fort Custer
and her brother in-law was some miles
away. Mrs. Graham WAS left alone in the
camp wit her children. The Mexican en-
tered the tent where she was engaged in
her household work and asked for his revol-
yer, which had been brought there BY Mr.. Gra-
ham. She got it froma table and handed
it to him and returned to her work. As she
did 50 the Mexican grabbed her and in the
course Of the struggle dealt hsr . blow with
knocking Mrs. Graham sense!ess.
her screams except the little
children playing outside some distance
from tho tent, and they wero powerless to
lend her aid. After tho assault Particle
fed to the hills, and afterward gave him
self up to the sheriff at Billings. Later in
tho day Mrs. Graham's brother-in-law re-
turned to camp. She was weeping, and her
head was bandaged over the cut n swol-5
len side of her face. The woman was in
great distress. Her brother-in-law asked
the cause of her trouble, but her feelings
were such that she could not tell him what
had been done. The next day her husband
returned from Custer. 10 him she told the
story, The two men got their rifles and
started fot the hills. Perhaps unfortu-
~nntely,s' said Mr.. Weed, they did not cap
ture him. Once when close to him they
sent a bullet in his direction, but could not
tell whether ii hit the Mexican Of not. IF
we prove our>case to your satisfaction." be
continued "beyond a reasonable doubt, we
expect you to find him guilty. This defend
ant il not especially on trial, but the cues
tion IL submitted to a jury of American
citizens whether the virtue of married and
respectable women shall be protected
II was intended by the government to
put Mr.. Graham on the stand first, bnt he
wal 50 sick with pneumonia that he could
not leave the Grand Central hotel where he
is staying. Mrs. Graham was the first wit
ness. There was not another woman in
the court room which was partially filled
with men. The witness was self possessed
until questions wcre asked which caused
her lips to ttemble. Shs has q refined APP
pearanco and a comedy face. Her answers
were direct II in good language. She
wore a dark dress and sealakin sacqne. At
the jury might better see the scar on her
right temple. Tho attorneys treated her with
great courtesy and avoided everything ex-
cept such as the %unbending law compelled
them to do. All of the other witnesses
were excluded from the room while she was
on the stand. Her brother-in-law WAS the
next witness, q tall man with n beard and
a banda2s Q his head. He corrobor-
ntsd Mrs. Graham's story as to finding her
in a distressed condition when he returned
to camp. n saw the wound on her tenn
pie.
Three feet to Mrs. Graham's right when
she took her seat by Mr., Mcdonald, the as
sistant United States attorney, was the
Mexican, Particle. A cruel mouth is the
most prominent part of his features. It is
Il hard looking face with cat-like ewes
which were turned frequently in the direc-
tion Of the prosecuting witness. Particle
sat near his counsel, Rufus G. Garland, a
aon Of ex-Attorney General Garland. The
trial ended for the day with the examina-
tion Of Mrs. Graham and her brother-in-
law and will be resumed this morning.
The jury are j. 7. Porter, real estate,
Robert Heller. New York dry goods store,
Henry Klein, of Cans & Klein, Thomas
Graham, saloon, J.. Wendell, baker. Arthur
O'Brien. plumber, w. n. Conner, secretary
of the Y. M. 9. A., Joaeph O'Neill, lime
manufacturer, II. j. Mills, butcher. Moses
Marks, cattleman, A. p. Dodge, Homo
Building company, Charles Graham,
painter. Judge Knowles excused Fl. Nj.
regarding punishment by death. He also
excused Dell Dick who did not
think he could agree to a verdict which
would result in the defendants death but
would BE- willing to give him life. Charles
X. Sanders, 5. L.. Porter and N. Dyaingar
were excused by the attorneys under their
right of challenge.
II On Trial for Burglary.
Cole and Markle, two young mon who
wers working as brakemen in the Northern
Pacific Helena yards wefe on trial in the
district court yesterday before Judge Hunt
for burglary. The crime ia alleged to have