The Helena independent., 1893-12-02
THE DEFENSE Of kEYEs.
II II Mainly Directed Toward I'M
psaching tho Witnesses for
tho State
Fellow workmsn sny They Saw
no Robbery on the Night
Of June 10

4
Of Juno 10
Elsie Clements Alleged to Have Told 9th
srs she Was Sacrificing Reyes 10
savs &. y. smith.
~7
The Gross examination Of Ex. Conductor
@. +. Smith was continued yesterday In the
district court in ths trial Of Joseph Keyss
for robbery Of Montana Central railway
freight cars. He said he didn't think he
had said al any tims--in fact he was certain
he diAn't say-that he would "'gst even
With those fellows" Nsithsr did he tell
anyone that no didn't blame Elsie Clsmsnss
for trying TO put up job on them. smith
said No stood thirty fest from the track and
atty feet from the freight dspot on tho
nighypi Juno 10. whom ono OF tbs freight
CO ~ Rons through and Iobbsu. ThS
day h3iore the trial began he. In compants
with Elsie Clements end Dassottvs KtlgofssI
went tver ths ground whore The robbery
was c6m,nittsd. On redirect examination
smitk said that in ! talk with Conductor
Doudbass after She robbery the lattsr told
him v had some goods and other stun for
Elsie elements which had besnf taken from
ths sar that niRhl. Smith says he told
Douglass mot to take II to the room. In
anawer to questions By Judge Hunt, witnsss
said he came back with Kilgore voluntarily.
He had no quarrel with Keyss and had no
Ill feeling towards him. Replying to Col.
Nolan hs said he came back because every
thing had been charged mp against him.
Elsie Clements was tho next witness.
She said she had been In Helena since Do.
oembsr, 1892 In May, june snd July last
shs lived in room Al the Aldon block. G.
F. Smith had ths adjoining room. She
had known him slsvsn years. In the aftsf-
noon Of June 10 she said Keys oams TO her
room and called smith into the hall. Ths,s
he asked Smith II he wanted to turn .
tick. Smith asked what II was. and
Koyss said IL was 4 freight car on the Mon
tana Central tracks containing merchan-
dise. Douglass and Corbin were thsre.
All tho men went out and she want along
some time later. She stopped at ! saloon
on lower Main street and sent ont for g. F.
tmitb. She and smith wsrs In the railo d
yard about nine o'clock that night TO see
what the boys were doing. Saw ke3cs
and Corbin 20 into freight oar W the end
door and pass ont some stuff 10 Douglass.
who hid II under ths plAtfotnl. Ths men
were still in the CIR whom she loft. Wit
ness identified six pairs OF black stockings
that were shown IN court. Douglass told
her he got them from the oar. On GROSS.
examination witness said she wAs divorced
woman, and that she was yery intimate
with G. +. Smith. but never int 0duosd him
% her husband. She said that Detective
KilRore did not give heE any MONEY.
Tho defense began tho Introduction Of
testimony In the afternoon. The frst w.
ness was George Nichols, watchman At the
Montana Central depot. whose testimony
was 20 the effect that it was his habit TO
wake Keyes up when timo TO fQo on duty.
and that he found Keyss u home that
nisht-when he went after him shortly be-
fore time for the train to start. On cross-
examination Lawysr IA cInS Sesked Mich
hood Of Railroad II ainman.s, and that all
the railroad boys Belonged and were very
friendly. This was objeote to and ruled
cut as not proper oss-examinstion.
E. g. Stautfer testified that he went ont
a. brakeman on tho train with Ksyes on
Corbin, @. F. Smith or Elsie Clements
around tho depot yard that night. He did
not see any cars robbed and thought II
there had been anything Of the kind he
would have seen it. On cross-sxami ina tion
witness said he was stopping at the Boul-
der Jail at present and had come into town
in charge Of Sheriff MoNsili. htauffer said
charge now pending on tho testimony of g.
+. Smith and Elsie Clements. 3e
L. Il. Pierce. another brakeman on
Keyes' train on this night in question, tes-
titled that there was nothing unusual hap
rened on that trip. and he aid not know of
any goods being g.abstrhctea from the train
that night, nor did be see anybody about
this cars while in the yard.
James j. Kelly, who keeps the saloon
where Elsie Clements said she went after
G. F. smith. testified that he did not re-
member any such occurrence taking place.
When the Clements woman had como to
lis place II was either with another woman
for two rsand had always thought him
Il man of good character.
W. H. Smith testified that he vas for
merry in the employ Of ths railrchd COM
pany. He was arrested with Keyes aud the
others and locked up with them to hear
what hs could. He said he had notified
Elsie C.oments that her room was to be
searchsi. She had taken some dress goods
and hats and sent them TO Brakeman
O'Leary's house. He saw her roll up ths
goods. Elsie Clements had tod him that
her only reason for putting the blame OF
the job on Keyes was to clear G. +. Smith.
"Did she say," asked Lawyer Newman.
shat Dstective X lgore had promised her
written lardon for c. +. smith and a
pass over the road to wherever shs wanted
to 20, andfperhops an annual pats.i and d
job AZ detective i'll Ainneapolis at aa house
VIII 70 railfoad mon hnnR out?"
''Yss. she said something of thats sort. "
replied thaswttness. !
"Did G. IT. Smith saya to you tiiat he
didn't see why Douglass wanted to skip
out, ~ neither he nor Keyes had anything
10 do with the burglary" asked the lawyer
next
"Hs said he didn't think Douglass knew
anything about it. but il ho did he had
Bkinpod because he didn't want to tell It,"
On ncross.examination witness said he had
been arrested twice In the past six months
for petit larceny. On one occasion il wal
for stealing watch. He paid a fne.
Smith said he was witness for the state at
the preliminary examination, but did not
testify falsely. II there was any difference
In his testimony then aud now, he admitted
to Col. Nolan, tho falsity Law with this occa-
sion. lie said he saw g. F. smith several
times after tho latter's return from Texas.
Smith said hs had come back to put ',the
business" On "th0se partiss,n ~ that whs
the only way he could get out OF il, No Kill
gore and Elsie Clements had told him The
others wee trying to give him the worst OF
II.
On the redirect examination witness said
the watch he was convicted Of stealing he
had gotten from G. +. smith. The other
time he Was arrested WAS when he aud some