The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-14

George B. Child Gets Into Trouble
by Wearing Some Very Loud
Trousers.
The Matter Ia Taken Into the Dis
trict Court Room for
Trial.
Instructions to the Jury Led to n Verdict
OF Acquittal and Assesses Com
plainant for Costs.

and iridesoent pair of trousers. com
called "pants," to the injury Of the good
name of the town and Its future chances
for the CAPITAL. II. A. Luke WAS the prose-
cutting witness. He was represented by
sydney H. McIntire. Col. G. q. Nolan TER
resented the state. +. d. Weed appeared
for the defense. Judge Ben Webster pre-
sided, aud stated that no not only acted In
that capacity. but as n supreme court OF
appeals. The defendant appeared In coult
wearing the Objectionable trousers, q two
bit cigar and a look of concern. He was in
charge of Sheriff Curtis. having disobeyed
restraining order issued by Judge Buck
directing him not to wear the trousers while
the sun Was shining nor under the electric
light.
Some trouble was experienced in getting
a Jury. a number being disqualified for
lack Of intelligence and other things. Elk.
Judge Gage was disbarred because he said
he would pay no attention 10 the rulings Of
the court. Geo. Beattie was disqualified
because be was partial to land pants. 7.
j. Cronin was challenged for wearing a
white vest and striped t ,ousers. Hugh Mo
Quad was challenged on the ground that
he was a foreigner and a member of the
Savage club, but the court said that didn's
matter II he wanted to cit a. . juror. Not
seeing any vacant seats in the audience Mr..
NcQuaid concluded he would sit ~ a juror.
The jury as finally selected consisted of A.
j.. s%eligman. Z. w. Bach, @. w. Cannon,
Hugh McQuaid. j. s. Tooker. s. H. Ken
nett. Finley MoRae. E. g.. French, Geo. o.
Eaton, Land Wells. A. D. Edgar and W..
E. Cox. These gentlemen all wore pants
~~I orn 80 %knr, hnl hnnc Gtaaap -
County Attorney Nolan made the OPEN
ing statement for the prosecution. h de-
tense made nc opening. concluding that
the trousers were able to mako themselves
heard without any.
said he lived in Last Chance gulch. was the
first witness. He said he had lost the use
of bis eyes by getting a glimpse of defs nd
nnt's trousers. Another witness testified to
losing ono eye from the same cause. He
would have lost both. but was afraid to
take too much risk and went one eye on
them. James Collins, colorad, employed at
the Montana club. having been searched to
soc If he had a razor. was placed on the
stand. He said he was a native OF Missouri,
and the court asked If either side objected
to him as a witness on that account. No
body thought IL would effect his credibility.
He told all he knew about the trousers.
Lawyer Weed asked him when he first saw
the trousers. They saw me first" answered
the witness. Prof. Churchill. an expert on
geological formations. had the defendant
stand on a table and pointed out the formR-
ton of the specimen before him. He said
1t appeared to be Il bow-lsQaed vein. w.
S. Parks also give his testimony from a
through the defense moved for a non-suit.
The court rulod that it was not o
s The det sn; and P'' Ben = Harris s''', ..r:
sworn. The latter wore u pair of trousers
of the same pattern as those complained
jury that If they saw ft they could make
the allegations in tho complaint apply to
Harris as we'll as Chill. The defendant
was placed on tho stand md the jury
looked at the trousers, which W;ra not
cross examincd. Ben Harris testified that
the proper styles were modest patterns.
such az he md the defendant wore. On
cross-examination he snid ho had no bust
ness. which was the fault Of the customers,
not his.
Without argument on either size tho
court instructed the iurt that before con-
sidering the evidence of the experts who
have testified in this cnse. they muet recall
to mind the illustration Of the effect of
exvert testimony upon a jury which re-
Gently appeared in Puck. and if this docs
not dispose of the evidence aforesaid, they
may consider the fact that each md eve y
one of the experts who testified, has a great
many drinks dependent upon the result OF
this case, not including the many which
anticipation of the beverages to follow, this
evidence OF which anticipated imbiblne
clearly appears In their conduct and mode
of utterance while on tho stand. This in
structlon, however, ia wholly without
prejudice to the infallibility of Professors
Churchill and Parks and DIR. Cole when
pronouncinG judgment on straight goods
and the various admixtures thereof. non
intoxicant in cha uctsr. or the reverse.
1.-The court instructs the jury that the
law presumes that every witness who has
testified in this cnse has lied outrRgeously,
and TINT this presumption must cont oil the
verdict unless YOU arc satisfied beyond a
reasonable doubt that ono or moro of said
witnessed has inadvertently told tho truth.
In passing upon tie credibility of Geo &c
Is. Child the jury may take into Considera
ton the fact that one of his brothers-in
law WAS Il member of the recent legislative
assembly of Montana. In assinC upon
the credibility of the plaintiff. r. A. Luke.
the lufy mny take into consideration his
bald head md the fact TINT no is an insur-
nnce agent. In rnssiug upon tho c,edibility
OF the plaintiff. H.. A. Luke. and the de-
PENDANT. George b. Cnild, the Jury NAV
take into consideration tho fact that they
constitute n iaIr which ia fr, quentlv n
for each othor bv persons who had no de-
sire to know either of them. Ii YOU be-
lieve that Child is either Luke o. Child,
and that Luke ia either Child or Luke,
then you may disregard the testimony OF
either or both, provided alwnys you enter
tain no suspicion of the v~eracity of either
of them.
"In deciding whether tho defendant has
violated all the canons of good taste and
decency in wsnring the trousers, this Jury
may tako into consideration the color OF the
defendants hal. whether red. black or an
burn, the shape o! his legs. whether straigh,
or bowed. tho fact that he formerly belonged
to n negro minstrel troupe and hid a tie
pass all over tho Urited States Witch he
constantly used, the fact that no was one
of tho judges Of II recent cake walk ut
Mina's ope n house and disgustsd the sense
OF fairness OF tho whole audience by rom
dering an outrageous decision, and any
other circumstances in his antecedents that
may occur to you"
After being out five minutes the in v
brought in a verdict OF not guilty ns To
Child, on the ground OF insanity. and as.
ssssed the costs to Luke.
Read Raleigh 4 Clarke's adv. ON tho fourth
page.