The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-11-14

both resulting IN convIcti0n on dissimiiar
schemes Of defense--in one case the defend
ant testifyin9 In biz own behaIf, In the
other Case declining this witness chaiT~-ahd
the public have believed that In each case
material fncts we're withheld from counsel,
thus disgus1iYying the,nH from dwelling
upon or explaining away discriminating cir
cutnstiunceS clearly proved. Nothing y. No
dangerous to n defense ~ an appartttOn OF
q hostile fnct which an advo0atee dass not
deny, and In fact cannot on competent owl
dence deny. and Is unable TO- explain be-
aus the f~A'seApods Of big client have ~
nored II. t'"'"
t "A Case In Point.
A murder committed In the sixties In the
neighborhood Of the picnic grounds OF
Jones' Wood In the city Of New York
affords an illustration of this truth. Watts
and Nevins were both young men, reputed
dissolute, but not criminal characters, and
more or less regularly ut work as journey
men composito~ In printing Offices. Nevins
had recently come into a legacy Of a few
hundred dollars and had stated to his fel-
low workmen that he calculated upon en-
joying life while the sum lasted In some
other way than In setting type. Waits and
he were intimatss and roomed in the same
tia nicnic grounds Roth we're frenuent
at the ride dancino parties
held at tbs orounds.
r. wss m = dark awning IN Auouat that
thew both appeared in the aronnds when
the Kast Side star association was holding
ita annual ,nthsr disorderlv ndcn;o ot which
m i@ntroductions were necesaarv In SECURE
ro,tnara Nav;ns fell in With a civ, ,uhom
he wished tn startle with The nnaccns-
TONED treat az \ hottie If chamnagne and
ahout II o'clock he act ont .fnr his nom
where he had his stock al r,onev. IN order
to repleuish his pockets. Ha told watts
that he was point home for. mat -n,,rnosa
and would. soon return He WINS seen nv
one of the barkeepers in the act Of leaving
tne platform. a regular attendant at the
Woou, ne was Wen known, ana having
oeth che only champagne customer on this
evening ne was hotlced. WAITS followed
nun ailnoHt instantly ahd was seen 70 go
oo"h tne P!a1lorm s.Mrs. Inc gatekeeper
no recoilec''oh az 70 "attS.
Nex' morning Nev'ns was iound dead on
the noor OF ms room'a cieIt In MS skull
ana a oioooy ha1chet neal MIN, Win which
the murder a been committed. he had
appeared on the platform, and when he
came up he obtained a glass OF brandy and
peppermint from the bar, saying That he
was troubled with diarrhea nd had just
come up from the outbu1ld1ngs. AS soon
as the death OF Nevlns was discovered the
police were notified, and one OF their first
acts was to put watts under arrest as the
person last seen w1th the deceased. Watts
was found In bed In his room at IL O'Clock,
apparently asleep. lie explained his pres
ehce IN MS room ~ that late hour by stat
ing That ne had not returned from the
WOOD until daypreak, and mat his reg
uiar turn as a composftor dld not require
him until D or 4 O'Clock In the afternoon.
Convincing Evidence.
AT the station house beeora heing talon
IN the nolica court at Q n m he waa
searched under nrotest, and nearly $40 wera
found IN hia nock athook Thia wac MT n
large ann. 1T monev, and still r. ia mora
than most, comnositors carry Mt the middla
of tha week At the ,olice co,,rt be do.
clinAd +o answer anv nnest;ons ercent the
forma, innuir;es ma tn nlace of birth ACE
occunation etc and ~althorgh the evidence
ooa;nat him was sliobt the mao;strat.
hold him for the GRAND i1rv
waite when com n, itted tn the citv nrison
+o await trial gent for a LAWYER noted far
his ability and gave him $200i bank notes,
The possession OF this amount OF money
by a 1ourneyman printer excited no com
ment on the part OF the lawyer. Nothing
is1more usual than that lmpecunlous and
worthless fellows, when mine on grave
charges, should be we'll supplied with
money from sources to the public
and v to their own counsel. A man who
could not pay a note OF $50 may be able. to
give his lawyer a retainer OF some hun,
dreds. The fact was that Watts had the
bulk Of Nevins'money in his stocking when
arrested, and that the preliminary search at
the station house had not been thorough,
suspicion being light After committal,
prisoners are only searched for dangerous
weapons, not being allowed even a pocket
knife, for fear of suicide.
Watts instructed his counsel that, while
he knew OF the departure OF Nevins from
the platform, he did not follow him home
and that as a matter OF fact he did not &C
home till daybreak and knew nothing
about the murder OF Nevins. All defense:
of innocent people are essentially negative
as this was, the prisoner not being callec
on to show who the real culprlts are but