The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-19
A VERY NARROW ESCAPE.
The Story Of How circumstantial
Evidence Convicted An Entirely
Innocent Man.
Murder of Capt. Shaw and 40
cidental Discovery of
tho Murderer.
An Incident of War Times In Denver Re-
called by the Conviction
of DIR raves. -

Few murder trials that have occupied tne
courts of late have Attracted moro Was
apread attention from the pubilc press OF
created a moye general Interest tins country
over than the celebrated Graves muraer
Case at Denver. Fred. j. v. akln, whose
home il in Denver, but whose temporary
residence is in Chicago while he ia acting az
cbief of the mines and mining bureau OF
ths Worlds fair, tells an exceedingly inter
estine bet of early Denver history which Is
csi,ed to his mind by the verdict IN the
Graves trial, says the Chicago Post.
..Dr. Graves" says Mr.. SkiR, twas SON
victed on evidence which. as | understand
it. was almost wholly circumstant'al. 90
not think + could have found it IN my COIL
science to convict DR.. Graves. lns Sass
recalls to nv mind an incident OF DsnVers
ear,v dnvs which made mo bslleve that no
m,n,a Hfa should be sacrificed on clrcum-
stantial evidence"
And Mr.. Skitf related the story, which
ran to this effect:
in the early days of the late war 1t was
found necessary, because OF ths ssntllnenss
Of pe, haps a majority OF the paople VINO
then resided there. to place Donvsr unoer
martial law. There was q big troop OF
nnioa soldiers stationed in the town. wnlcn
81 that time was raw and wlid ana e1-
trsmely western" These troops were
nnder the command Of 4 captain who Will
here be called shaw. This Captain shaw
was a regular tvrant, ignorant, low-mlnded
and brutally obstinate and unreasonable.
He threw psople into Jail on the slightest
pretense, and oftoner to satisfy no other
cause than his own personal spite. he
drank like a sponge and paraded through
the town half the time, g bolsterous drunken
rowdy.
OF course there were issued the strictest
orders against sellirg arms or ammunition
or even LIQUOR without the permission OF
the military authorities in there
One dav a detachment of soldiers came to
tho general store kept by Joseph CholWorth
and asked to be supplied with ammunition,
whisky and other articles for n scouting e1-
petition. They presented a general orasr
from Capt. shaw for the goods ana am,nn
milton and whisky were speelneo. onela
worth sold the goods, took up the oroer anu
the soldiers departed.
About an hour after another detachment
of mounted soldiers rode up. IN 'front.' OF
Cholworth's store and Informed MN that
he was under arraat. he asked "has LOT.
and received this answer:
For selling ammunition iquor 10 d
troop of soldiers -,
but Won can't arrest me for that" SAID
Cholworth. II have an order from Captain
Shaw"
The order was Produced, examined by
the soldiers. and pronounced WANG. But
even then it did not save ChoiWortn. Inc
soldiers orders were to arrest MIN, ano
+bay haa ia do their duty.
However" said the leader, 1--WE will take
YOU before Captain Shaw and give you a
chance to square yourself with him before
we take you to jail"
Shaw was not about military headqusr-
tiers. but was soon found in a drug store, as
drunk as a loo and turlously out Of tenn
per. Cholworth dug hia order out from his
pocket and then approached the whisky
eo,k.d milit1aman 10 explain his predlca-
ment.
captain Shaw, I've been placed under
arrest ne began, but he was not allowed
to finish, for the captain turned about and
startled him with a perfect volley OF vile,
profane abuse. -.
"Whas are you telling me hat for?'
cried the drunken Officer. "What do care
if you are arrested! I'm glad OF H.
But, captain" persisted you
haven't heard tho charge"
81 don't want to hear the charge"
See here, Capt. Shaw" answered Chol-
worth, angrily and definntly, for he was
hot-tempered himself. u won't stand this
sort of treatment. | sold some ammunl-
ton to q party of scouts on an order from
YOU, THERE'S your order. Now order these
men to lot me 60"
'.D-n YOU and your order, too" shouted
the captain fn7iously. Then he snatched
the paper from Cholworth's hand, slapped
him III the face with it and tore 1T to pieces
Now, take this fellow OFT to jail or III
kick him out of here
This was more than Cholworth was will
ing to submit to. so he reached INTO hlt
pocket for Il gun, which everyone carried IL
those days, and had tho weapon partly
drawn when his arm Was stald by Il couple
of soldisrs. Tho gun was taken from Chol
worth's hsnd and laid upon the counter 0
the drug store and the prisoner was hustled
off to iail. But ne gave luli vent to hi
anger IS he passed out through the door
You'll be sorry for this, Shaw he criee
"You'll be 'dons up for this and your othe
outrages. Mark my word for i%t-you'l dl
with your boots on
Cholwo tn found himself the only pris
oner in the little stone jail when that plsc
was finally reached late in the evening
After the guard of soldiers had gone b
explained the situation TO the %jaller, t.
whom he was known as n reputable bust
ness man. The jailor tried to smooth mat
ters over and quiet Cholworth's passion l.
EGying everything would BIS set right in tn
morning when Capt. Shaw was sobered u
and had regained his temper.
but how am | to explain this matter t
INV family?:'' asked the yrigonsr. My wifi
will be scared to DEATH"
"Well, Inl tell you what we can do,
answegea the jaller. ''Ill allow you to &
home and spenl the night If you will Civ
me your word to be back in tue mornin!
Only come 4&rly enough to be in your ce
before Shaw gets around, go that | won
be caught"
The prisoner was glad to act on this SUI
eestion and gave his word to be back bri0l
and early. He went home by the dnrke'
streets and passed into his house unot
served. On the way he had resolved
say nothing to his wife. bu, intended to ge
Np carly IN the morning and return to tt
Jail ON prstext Of gong early to the stor
He had not been home more than an hou
whom his brother-in-law who lived vii
him, rushed IN at tho door and exclaimed
Have You heard the news?'
No" replied Cholworth n~ervourl
"What is it?'
Captain Shaw WAS shot and killed n
an hour ago in front of the drug store al
they can't find his murderer.
Cholwoith WAS startled almost out
his wits. Captain Shaw dead and the
wee men who had heard the threat Che
worth had made as he was dragged fro
the store. There YVES his revolver, too, /
ing on tho drug store counter. Hy hims.
had sneaksd into his home by the back "
about tbs time the murder was commit
and when he was supposed to be- lock
in a coll.
What if the jailer should tell where