The Helena independent., 1893-12-21
DEFENDANTS IN DOUBT.
The Jury in the Marysville Case
Reaches q Verdict After
Court Adjourns
Status of Chinese Referred to IN
All the Lawyers AR
guments,
Issasoaabisasss of Their storiv
Must DO Considered.

AuDt DO Considered.
Herman Psnnsll and Angus MoKillican
NO doubt spent . restlsss night. owing to
the uncertainty - TO whether the jury be-
fore whom they were tried had found them
guilty of assaslting and EobbinR Quong
Ying. Chinsman. At Matysvills, or had
taken their version Of the AFFAIR and COM
sidsYed ths occurrence nothing but ,
drunken lark. The testimony was com.
plstsd and the arguments made yesterday,
and whom the jury retired It was With in
stluctions 10 ssal their verdict whom they
arrived q one. 40 the court wanted TO sd-
journ ON account OF the latsnsss Of the
hour. Five minutes after retiring the jury
agreed on . verdict, but % couvt had ad-
journsd they hsd 10 seal IL. The general
belief ID that the spesd with which the jury
got to decision indicates verdict Of mot
guilty. though soms think otherwise.
Lisut.-Gov. Botktn, who represented tho
Chinese In the prosecution, made the open-
ing argument for the state. He said II was
the duty Of the jury Is men to do
justice TO any and all regardless
Of race. While the United States
was enacting laws to exclude the Chinese,
tho United States was too great nation
not to protect those already here, and II
would be contemplate In such great ma
tion not TO do 20. j. NJ. Clements. for the
defense. laid particular stress on the fact
that Cinnamon associated only with their
own people and therefore all the witnesses
of that nationality were interested in So
curing revenge on the accused mon. and
had had every opportunity to agree on =
story. Coanty Attorney Nolan, Gin closing
for the state. said the Chinese we're at a
dissavantrgs In this country. II IL had
been q white man instead Of Chipsman.
he said the accnsed would not have fol-
lowsd him up after relieving him OF his
reducing him to . state OF inssnsibility.
In his instructions to the jury Judge Hunt
said that tho penalty for the crime Of rob-
berry. of which the young men were accused.
was from tye years to W
imprisonmsnt. Continuing. lie said:
'"rhe defendants are presumed TO be In
nooent until they are p oven guilty BY COM
petent testimony and beyond all teasona-
Bile doubt. Nothing ID to be presumed or
taken by implication against them, or
either OF them. But II you believe from
the evidence, beyond reasonable doubs,
lently took the money described In the In.
formation. or any part of It, from the per
son Of the prosecuting witness by force or
by intimidation at or about tbs time and
place charged. you should hnd defendants
guilty of robbery in manner and form -
charged In tho inform%t:on.
..The jury are the judges OF the credit
which should be given to the testimony Of
the different witnesses. and they are not
bound to believe ANYTHING to be fact be-
cause wiiness has stated Is to be so; pro-
vided. the jury believe from all the evidence
that such witness is mistaken, or has
knowingly testified falsely. And in deter
mining the O edit to b. given TO tho sesti-
nony of said witnesses the jary should
consider their temper, feeling or bias. II
any has beon shown. their conduct or de-
mesnor on the stand. the reasonableness Of
the story told by them, and all the evil
dence and circumstances tsnding to co. :
roborate or contradict such witnesses, II
any such there be.
in order to warrant conviction in this
case it is incumbent upon the stats TO prove.
to the satisfaction OF the jury. the truth OF
ton beyond all reasonable doubt; and II.
after a careful confederation of all the evil
dsnce in the case, the jury entertain rea-
sonable doubt a. to shs truth of any one OF
these material allegations. then it Is the
duty of the jury to give the defendants the
of nos guilty.
when two are jointly charged with the
commission Of a crime. and 1t is clearly
proved that one Of them is guilty, but il ID
not shown beyond reasonable doubt that
both of them a,s 80. or which Of them ia
20, then, and In that case, both Of the do
PENDANTS must be acquitted. But ii You
are satisfied, by the evidence, beyond n
reasonable doubt, OF the guilt OF both or
either of the defendants, you may convict
both OF either ~ the evidence may war
lnnt.'
1he verdict of tho jury. which took but
five minutes TO ar i've st, will be opsned in
court this morning.
Duting tho prOQross of the case two spec-
tators who had evidently baen indulginR too
freely. went to sleep en- the benches and
had to be removed by the bailiG.
Court Notes.
Frank Whitney pl AIDED guilty before
Jndce Hunt in tue uisttict court to bur
Rlary in the daytime. He will bs sentenced
to-day.
way postal clerk indicted for robbinR the
mails, will come ny in the United States
court to-day. If tho civil case now pending
10 finished.
Tho cases OF all the bank offioers indicts
by the federal grand jury have been post
poned to the next term OF the United States
court, except that of Will Hanks. Of the
Merchants National bank Of Great Falls,
and il is Understood similar motion will
be made in that case and allowed.
Dist ict Attorney Weed has received q
letter from United States Commissioner
Hurt, at Billings, saying two men WeHs
under Al rsst there fo- holding up and rob-
bine another man of $400 on tho Crow res
ervation, and that from their apneaEancl
he thought they we're the same men who
held up a saloon at Big Timber.
james Stone and James Milford. charged
with robbine the Wasswoilers. and Harry
johnson. charged with burglary at the Bor
Ion restaurant, vera Arraignsd before
Judge Hunt and plendsd not guilty. Franz
Belunak also pleaded not guilty to th,
charge of assault with intent to kill Chri,
Matthenssn. Auother infor mi alton will be
filed cha Qing a,m with tho murder ol
Joseph Daniel.