The Helena independent., 1893-12-04
THE STORY-FOSTER CASE.
a Plea Of Guilty nj tho Lessor Ohsns
Accepted In Court.


Of Montana versus Nelson Story oams mp o.
Bozsman before Judge Armstrong Saturday
afternoon upon the application OF defend
ant through HE attorneys. Hartman d Hart
man and Tools d Wallace, for leave to with
draw the plea Of NOT guilty and entcr plea
Of guilty Of assault and battery. being the
lesser o6spse included In the allegations OF
the information against him. In connec-
tion with the statement Of bis counsel IN
presenting the application 10 tho court. =
letter Was read from d.. Foster. the injured
party and complaining witness, sxhonsyst-
Ing Mr.. Story from tho grsster charge
against him and requesting that the prose-
cution proceed for no greater ohsnss than
assault and battery. DR.. Foster Was
prompted in doing shis on account Of mis-.
Representations made TO Mr.. Story which
put IN entirely different phase upon
the Transaction and satisfied him
from what occurred that NO greater
inittsd. The court thersupon called upon
she county attorney 10 know what hs had
20 ray with reference 20 the application Of
Mr.. story. whsrsupon In response he stated
In substance that after seeing tho letter
from Dr.. Foster. the complaining witness.
~. 80 ySdy sana MOI
Rrsnter oHenss than shat sought to bs sub
stituted for the plss Of not guilty there-
upon entered by the defendant. The court
then permitted the Withdrawal OF she plea
of not guilty and allowed the dsfendant to
plead guilty to an assaalt and battery.
part OF the transaction he was disposed 70
impose the highest fins under the statute.
which was 500, and Judgment was entered
accordingly. Under tho decision OF tho
court the letter from Dr.. Fosts!.
Was ordered TO be fled and
entered q large upon the seco,da
Mr.. story was willing to let the judgment
forfeitine his rscoanizsnss In the snIn Of
$1,000 stand undtstuybed. which with the
fine increases the school fund of the county
$780, which under the circumstances
would seem to be quite severe penalty.
Nelson story is a man we'll and favorabIy
He was one OF tho early pioneers OF Alder
Qnlch. and BY his good Judgment, indus
trious and frugal habits acquired quite q
fortune by mining operations carried on in
that once fabuiously rich gulch, He Sc
iected Bozsman city. in Gallatin county,
As his future home, at which place he has
resided for almost quarter Of 9 century
and been identified with almost every en-
terprise Of public interest IN that locality.
A man possessed of extraordinary good
prsctiesl judgment. and naturally Of an
snterprising disposition, he has by p udent
business methods augmented bis fortune
until he 10 to- day ono OF the largest II not
the largest. property owners in the state, the
greater part OF it being at an IN the vicin-
ity of his home. He erected tbs frsb four
ing mill of any great capscity In the
county, thereby affordinR much needed
local market for the producers Of grain.
He organized the Gallatin Valley National
bank. the first bank established In Bsze-
man, which has ever since accommodated
many Of it, cisizsns in time Of need and
was one Of the most prosperous institution
Of the kind in the stntr. He bore about
one. twelfth OF the burden Of taxation Of
the county for many years. contributed
liberally to every enterprise that aided II
the prosperity OF the country. and has al
why's been warm friend Of the section Of
tho state in which he has SO long resided.
Mr. Sto neither belongs to or sympa
thizes with tho criminal classes and thu
highly provoking language. which under hi
phys;ca! and ner-ous condition Of healti
occasioned the assa nit and battery upon DR.
Foster, 10 regretted by no one greater thar
himself. while the doctor, nftcr learning thu
facts. lays no particular blame at his doc,
The many friends of Mr. Story will be glas
to learn that the unfortunate affair was no
! so bad as at first reported. and that In tn
duo administration of justice he stands vim
cicated from the commission Of any soEioui
Ofense.