The Helena independent., 1893-12-03
ACQull1|| ] | FOB !. kEYEs !. |: |: J.
3HHE 39 S ~ CO I'M s4 sE@ E7E N, ,4lr,. . - n
1he QUESTION Of Light or Darkness
s|sE I. $50 = NJ ~, june 80.
Cleared Him.
~ That Hour, the Jury Thought,
Il Was Too Bright for
Burglary.
rnsv were Only Ont for About Fifteen
lainutss when Thev signed ver-
dict Of Not Guilty.

Joseph KsysA tho Montana Central con-
6aeior Who has been on trial for several
davs ii the district court for burglary Of
I freight cars. was acquitted by the jury yes
Xarday afternoon. Tho juty wore ont less
\ than quarter Of an hour. and were guided
80 great extent in their verdict by the fact
Ahat thsy did not believe that in Montana
Il Il dark enough between eight and nine
o,clock at night TO warrant the commits
aion 81 the c.ims Of burglary on car In .
railroad f9sight yard. that bsin9 ths Gns
Keyeg nllsked oHsnse 10 said to have oc-
CURED. After the rendition Of the verdict
Ksyss was congratulated BY ths large num-
ber 81 railroad employees in tho cousS room.
III opening o. court yssssrdsy mofn-
ine Fireman E. p. Weaver WA recalled to
tastify that G. 4. Smith. whom witness
sssinst him q Boulder, had admitted that
he had entered 4 boz car at aighs and taken
some goods, part Of which hs was wearing
e ths time. George H. Spencer was called
4 % impsach O. r. smith. He said the latter
had told him no (Smith) vas going to give
evidence for the state aud get even with
..thoss fellows" for what they had done
While hs was away. Spencer also said that
when no went 10 attach @. F. Smiths trunk
III boa.d bill. Elsis Clements didn't want
him TO take IL because there was some stolen
property In u.
i Ksyea the defendant. WAS then put on
tho stand. He denied having taken part
Il any such conversation as Elsie Clements
told Of in her room on June 10. he vasn'e
e the Alden block nor did hs SEQ the
woman all that day. On June 10 hs said
he eot in on train about SEQ IN ths morn
ina ana went homo and to bed. AZ was
That evening he and some other raAIoad
man vsre sitting ON the back steps Of his
homa nntil Watchman Nichols called him.
savinr his train was going ont at nine. No
Sook his lunoh and left the house between
sicht and SIS: went TO the sabooss; got bis
book, took the numbers ana eesis ot vac
csYs on shs train. vent TO the depot and
al hid bills, checked them. got his orders,
fscistered out and left at nine p. m. He
ala not remember seeing Coxbin or Doug
iass thst day. Keyss denied breaking into
ths car then or Al amy time. Az 70 the
hsndkerchisfs found in his grip when AZ
rested. he said they beionG.a v;a 70 NE Ts woman
put Ia his large valiss last summer and
must have been changed TO hi1 small valtss
after his arrest. :,
fed TO the good character OF heyea ana 1t.
8. Barton and o. +. Smith to the bad char
acter Of G. +. Smith and Elsie Clements.
There the defense rested.
The prosecution called Detective KilRore
in rebuttal TO deny that he had promised
G. F. smith or Elsie Clements anything for
testifyinR. Fl. Smith was recalled to
deny certain alleged conversations. Me
Cam testified that no one had changed the
handksrchiefs from Keyes' lArgs grip to his
small one, This ended the testimony.
II. g. McIntire made the opening argu-
mont for the state. c. q. Newman followed
for the defense. and County Attorney No.
Ian closed for the prosecution. Judge
Hunt delivered the usual statutory instruc-
Mons to tho jury, and in addition said:
"Evidence tending to establish Illicit rsla-
tions between tho witness @. F. Smith and
Elsie Clements is before you. This is ad-
mittod not as tending to establish the un-
ohasts character Of sisheT Of said Witnesses,
but % tending to prove tho degree Of init
macy existing between said witnesses. that
you may weigh their credibility in connso-
tion with all the other evidence in tho case
in arriving at the ultimate question as to
she guilt Or Innocence OF the defendant
Keyes. You are the exclusive judges of the
credibility Of all the Witnessed"
The jury retired shortly after l:30 and
were back with their verdict of not guilty
about quarter Of five. The judge ordered
Keyes discharged from custody.