The Helena independent., 1893-12-19
THEIR CRIME IS LARCENY
Federal Laws Don't Provide Punish
mont for the 0ff,nse Of High
way Robb,ry.
THIS May Mean Quite q Bit OF
Differences to Benner and
Hcrrick.
Judge Knowles Ovsrru,sa tbs Motl0n to
Quash the Hanks Indictments.-Infor-
mation FEsd Against BslunAk.

trial OF Elmer X. Bsnner aud Frank Her
rick. In the United States court yesterday,
Judge Knowles asked District Attorney
Weed under what law they had been in
dictsd for robbery Of Don Ro.and on tho
Crow reservation. Mr.. Weed replied that
the indictment had been found for tho
o6snse Of highway robbery by virtue Of SEQ
tion 1891 revised statutes Of the United
States. This section provided that whsts
punish ment for an offense committed ON
ceded lands was not provided for In tho
fedora statutes. the laws OF tho stats
wherein the lands wsts situated should
govern. There was no penalty in the fsd-
cal statutes for robbery. the highest Of.
tense Of the kind p, divided for being larcapy.
The laws Of Montana. however. did provide
for punishing highway robbery. Judge
Knowles said that section 53ol, q the 'e-
vised statutes, did not covsf the ease. Il
provided that state laws should apply on
ceded territory when the . was no federal
statute covering the case. The Crow
reservation WAS not codtd territory. a. II
belonged to the government originally and
had mover been out Of it's control or owner
ship. The state law on the subject Of high
way robbery did not therefore apply on tho
reservation, and the utmost offense TINT
they could be tiled for or convicted Of un-
der tho federal statute WAS larceny. the
maximum penalty for which was one years
imprisonment and $l.C00 fine. This judge
held, however. that though the indictment
ged robbery. tho men could be tried for
larceny. I he case was then a'Rued to the
inry by Stephen Carpenter and E. u. Weed
Tor the government and John II. BarIows
and d, &. Wade for tho defense. The jury
retired at five O'clock In the afternoon. At
midnight they had nos agreed and were
The Jury consists OF w. c. Riddle. A. J.
teligman, Thomas Soadden. Charles Il.
Sanders. A. X. Freeman. Z cd Lshman, !.
Il. Landt. Elisha Poad. Frnk Ma q, ".
Il. Rolph, W. T.. Norris and j. L. Sanford
Judge Knowles overrulsd the motion TO
quash the indictment against VIII Hanks,
ex-president OF tho Merchants National
Bank Of Gfeat Falls. The motion TO quash
one OF the indictments was based on the
claim that the certificate OF stock pledged
as collateral aud afterwards taken ont by
Hanks was not property" as contem plated
by tho law, being only nn evidencs OF own.
ership of stock and not the stock itself.
Judge Knowles held as to that that the GER
titicate of stock was the property of the
bank, having been pledged by Hanks. 1t
was therefore property and subjsct to en-
bezzlemsut, The other indictments, it was
claimed had cha Red two offenses in the
same complaint. and had not furnished suf-
ficient details. The judge held that the
next step will be for Hanks to plead to the
indictments and have day set for trial.
Tho trinl Of G. r. Middleton. director
OF the Etockfrowers' National bank OF
Miles City. idicted for pc jury, is to begin
sisted Middleton swearing that he was the
owner of shar o. OF stock in the bank md
that tho stock had not been hypothecated.
The government expects to prove that this
was not 80.
County Attorne; Nolan yesterday filed
an information against Frank Belunak.
charging him with nssau!tiua Chris Mat
thensen with an NJ nnd a sledoe hand Q with
intent to commits murder. at Unonville
early Saturday morning, No charge was
entered for shooting Joe Daniels as yet.
Daniels WAS reported as much worse yes
te day. Should he die tho charge OF rob.
berry against Belunak will be drop ei, and
the moro serious one OF murder Drought.
The county attorney also filed intorma-
tions against James Stone and James Mil
against Hnr.y johnson. colored. for bur-
glary in the daytime, i'll stsatinR two ice
cream f,eezars and some other articles
from the Bon Ton restaurant; anl against
Frank Whitney for burgla J in the daytime
III entering the house of John II. Walters
George H. Newell, OF st. Paul, 10 suing
Herbert Nicholson in the district court TO-
the value of cigars sent to the latter to be
sold. The defense is tLat the cigars were
10 be sold If possible. and If not. what were
left over were to be rsturiied. Tue evil
dence was all in when Judge Hunts de-
partment of the con adiou ned Yesterday
afternoon.
Judge Buck yesterday accepted the resig.
nation OF II. L. McCulloL az execute OF the
Btoadwater estate. and approved all bis
accounts. The report was improved anu
the administrator dschar Rsd in the estate
Of John Wells. In the estate of Murgarst
Ann Lenoir the repo of the executor. b.
q. Lenoir. was ordered filed ana referred to
Q. r. Connolly as 'eferes. Tho report of
the administrator of the estate of Tnos. +.
Casey was approved.
This supreme court will to-day hear ar
gunents in tho appeal OF Marcus Finkel-
stein from the order OF Judge Hunt allow
ing Eva Finkelstein a!imony lending her
suit for divorce from Marcus.
The Christmas tide flows toward Euteher l.
Brauley's because their prices are at ebo tue.
fine china cup and saucer is acheap and
useful Christmas gift. Why not buy one at The