The Helena independent., 1893-12-16
Henry Edmundson and Stuart Rus
sell Are Found Gailsy BY
the Jury.
John Edmundson Is Acquitted OF
Any Compiicity In the
Robbery.
John Hewitt IL Convicted Of Stealing .
Horse From Grow Indian on the
Reservation.


verdict OF guilty ns to Horny Edmundson
and Stuart Russell for stealing spring
wagon and cover and other articles from
Abraham Fcnton on the Grow reservation.
They found John Edmundson not guilty.
aud hs Wa imme diatsly released. Tho
Jury retired ~ six O'Clock on Thu sdny
evening. II did not take thsm very long 70
acquit John Edmnndaon OF any complioity
In the robbery. Nine Of the jurors wers
satisfied 40 to the guilt Of Henry Edmund
son and Etuart Russell. The other three
iusym6n stood ont for acquittal of all three
Of the men. Two Of thom we're won over.
but the third held out until few minutes
before II O'clock yesterday morning. whom
he went over to the other eleven and agreed
with them as 10 the guilt Of Henry Edmund.
son and Russell. The two convicted men
will be brought into court to-day for SON
tence. The utmost penRlty for larceny. the
charRe on which they were tried. ID. under
the fedora statutes. one yea. e Ina prisonnsnt
and $1,000 fine. Both men have already bsen
In confinement IN the county jail over six
months. John Edmrndson Was not In cus-
tody. ths com missioner before whom the
preliminary hearing was held having de-
cided thors was no evidence before him to
warrant holding john. The grand jury,
howevs. indicted John with the others.
There was one curious featuse OF the case
which was referred 70 bv. the district attor-
nsy in his address TO the jury. II Was the
connection Of Ex-Judae D. G. Wade with
ths case. II was Judge Wade who. some
fifteen years ago. al Boulder, imposed on
tho Edmundson boys tha sentences which
kert them In the penitentiary for long
terms OF years. II was ON their aecount
that tho stage which WAS conveying the
Judge and witnesses from Jefferson City TO
Boulder WAS held up by the friends OF the
Edmundson's, on the supposition that the
prisoners wore on board. supposttl0n
that turned out erroneous. When tho e.
mundsons were finally fried and convicted
IL WAS Judge Wade who imposed on them
tho sentence of the law. In tho trial which
has just closed Judge Wade was one OF tho
counsel for the defense.
When the Edmundson-S Stuart verdict
hal been rendered and the jurots excused.
the panel was left shoit and a special venire
was ordered to get jury to try John Hew-
lit for stealing a buckskin cayuae from .
Grow Indian named Wolf Lay Down. Hip
Bone, son of the loser of the animal. testl-
fed that he was with party of other
Crows camping on the rese, vation. Hsw-
1T had been with shem about ton days.
Ono day they left to go TO the agency.
Whom they came back Hewitt and the cay-
use were gone. White Arm, one of the In
dian police, testified to arresting Hewitt
with the horse in his possession: ". Il.
Steele. government farmer at the Grow
agency. and acting chief Of police at the
agency, testified TO taking Hewitt 70 Bill
linas On the way Hewitt said he Was go.
ing 10 plead guilty; that he had
taken the horse and wanted 70 Get
ont Of u s' easy ~, as as possible. .nsi.os
Steele said he had not held out I; any ,ndues. .s.
Commissioner Hat testified to Hewitt
pleading guilty to the charge at the pre-
liminary examination. Louis Psnwsll. for
the defense. offered no testimony and the
case was submitted without argument at
his suggestion. The jury was out only
dict of guilty. Hewitt will be sentenosd
to-day. The extreme penalty in his case,
like that OF Edmundson and Russell, 10 ono
years imprisonment and $1,000 ane. he
says hs 10 but % years old and oame from
Canada to Montana last spring. shortly be-
owned five head of horses. ono OF them o
buokskin. like the stolen animal. Hs says
the two animals were so much alike that
the mistake was natural. II Hewitt had
such defense 40 that IL is surprising that
he did not 90 on the stand and tell his
story.
The jury before whom Hewitt was
tried were @. q. Evans. @. E. Colbert.
Frank Mares. A. NJ. Smith, H. Q. Bents-
nsy, G. M. PfsnninRer. W. r. Riddle. w.
r. Smith. G. r. Sanders, Morris sands. w.
Z. Rolphe and n. Il. Rupley.
Angus McKillioan and Herman Pennell
will be tried in the district court next week
on tho charge of highway robbery com
mitted on ChinamRn Al Aarysvtlle.
James Ska will also be tried for assault
with deadly weapon on another man at
East Helena. The alleged deadly weapon
WAS pair of old SCISSORS with ons blade
broken and the point Of the other blade
gone. II 10 expected that the case will
raise the point as to whether . pair OF
SCISSORS IL q deadly weapon. especially Z
pair of scissors in the delapidated oondi-
tion of those used in the assnult A sini-
lar question was decided here some ysnrl
ago to the eject that pair Of scissors were
q very deadly weapon. The scissors In thai
case. however. wsro perfect in every way
and very sharp on both blades. In the Sis
case the scibsors were not in suoh good con
dition, but we're sufficiently deadly TO 10
hict very ugly wound.
Buy your wife an elegant Majestic steel range
Tor Christmas present. at Stnrrock Il frsuitt's.