The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-10-18
WEAVER NOT GUILTY.
Oae Of she Asntana Co entval Cases In JuAs
CrNtohaP's COurt

One OF She Montana Central Cases In Ju1ge
Crntoher's Convt.
X. Il. Weaver. uatil recently . fireman On
the Montana Central railway. vas ON trial
In Judge Cratchsr's court yesterday On ths
charge of petit larceny. Weaver was among
she men arrested about ten days ago on the
charge Of being concerned In the lootinR Of
Great Northern freight oars. Al the hear
Ing last week Weaver wss charged with
grand larceny. but tho oounty attorney did
mot press that cha 60, asking the eourt that
10 BE- discharged. Judge Cfutohsy, how
ever, believed that the evidence WAS ssf-
Of petit larceny, and for that he was tried
yssteSday and acquitted by . jury.
The p incipal witness for the state was
W. II. smith. His testimony was 10 the
eness that early in septenbsr he met
Weaver a. boulder. while both were work
Ing n, on freight trains; that hs won't oyer 70
Wsavss's engine and the latter showed him
three suits Of underclothinR hs had on,
which he said G. +. Smith had given him
ana which had been stolen from freight
oar. Smith also testified that Weaver told
him that he lWesvsr) had given g. +.
smith tho cold ohisel and hsnmsS with
which the car had been opened. On ths
Weaver drew out the fact that W. H. Smith
had been twice convicted in the police
court. onoe for petit larceny and ths other
time for burglary. Smith explained that
the d ct ofense was committed whom he
was ont with crowd and drunk. and that
he had plead guilty to The burglary
charge on the advice of his attorney and
because witness who could have dispyoved
tho charge was out of town. t'
Marshal MoCann told about going to
Weavsr's room in tho Steamboat block
and getting shres suits OF undsrcIothing.
HntA md 1AA,
kauffman, Of Butte. testified that the goods
found in Weavos's room wore Of the Same
sort az some he had received In q broken
case from the east.
Elsie Clements testified 10 knowing G. F.
Smith and Weaver. The county attorney
legged conversation between Miss Clements
and G. F. Smith, In which the latter 10 said
20 have told the former all about the rob-
binR of the car from which the undercloth-
Ing was taken. and also how the goods were
disf fosed of. WsavsS's attorneys objected
and the court sustained the objection.
Weaver testified in his own behalf. He
said that @. T. Smith gave him tho under
clothing on the morning OF Sept. 4 or 5,
while he was cleaning mis- fires at Elk Park;
that Smith said the underoothinR was too
small for him, and he laid 1t on the cab
seat. Weaver said it laid there until they
arrived in Helena, and he carried tho cloth
erm. not wrapped NJ. Ho put ono suit on.
but afterwards whom he learned that stuff
had been stolen from the Montana Con-
tral, he thought maybe what hs had had
also been stolen. and hs took tho thrse
suits and put them in box in the store
room In the Steamboat block. He said he
had no knowledge or hint that the goods
wore stolen. and denied the statements Of
witness W. H. smith in every respect % 10
the Boulder meeting and also % to the al
legged conversation. The jury was out half
IN hour when they returned the verdict Of
not guilty.
The case lasted all day and attracted q
large number to the court room. County
Attorney Nolan appeared for the state and
Walsh & Newman for the defense. .asa