The weekly tribune., 1893-11-10
THE SM|TH-YOUNG CASE,
J. W. Young Bound Over to the Dis.
trict Court on the Charge
of kidnapping.
The Accused Committed to Jail in DE
fault of Five Hundred Dol
lars Bonds.

The case of tho state OF Montana
against j. w. Young Of Kansas City,
Mo-, charged with attempting to kid.
nap L. b. Smith of Great Falls on the
2Gth of October, was up before Justice
Race Friday forenoon.
The state was represented by County
Attorney Freeman and w. Il. Pigott and
the prisoner by Jerry Leslie and Col.
Donnolly of Benton.
The following is the evidence given in
the justice court:
l.. b. Smith, the complaining witness,
testified that Young came to his office
and told MIN to consider himself under
arrest and declared his intention to take
him Smith back to Missouri to answer
the charges against him there forthwith.
Smith asked him to allow him to con-
suit his lawyers and the two went up to
the Office of Cooper a. Pigott, where
Cooper, after looking over the paper of
Young, advised him (Smith) to resist ar
rest as Young had no legal right to ar
rest him. While ho was in Cooper's Of
flee the defendant attempted to put
handouts on him and he resisted.
Ransom Cooper swore that Smith and
Young came to his office and Young said
he wanted to speak to him privately. He
asked Smith to step into Pigott's private
room, and as he started to do 30 Young
sprang forward and seized Smith by the
arm at the same time producing pair
of handouts and remarking that he
would handcutf him first as he did not
intend to let him get away, or words to
that effect. Smith resisted the attempt
to put the handouts on him, and witness
then demanded of Young the authority
under which he acted. Young showed
him the requisition of the governor of
Missouri and other unofficial papers, and
from the governor Of this state for the
arrest OF Smith he advised the latter to
resist arrest. About five minutes after
this Young left the office.
Sheriff O'Neal testified that Young
approached him on the train and showed
him the requisition of the governor of
Missouri aud informed him that he had
warrant from the officers of this coun-
ty for the apprehension OF Smith. who
was on the train as fugitive from JUS
tice. Witness made the arrest without
seeing the warrant. He understood
from Sheriff Hamilton before taking the
train that Cascade county warrant was
out for his arrest. The prisoner was put
in Jail at Benton.
l.. b. Smith being again put on the
stand testified that he at no time agreed
to go to Missouri with Young without ex.
tradition.
Sheriff Hamilton, sworn for the de-
fense, said that Young came to his Of
flee considerably excited and SAID that
he had left man in Cooper's office who
was wanted in Missouri and he wished
to get him arrested as fugitive from
justice Immediately as he was afraid he
would get on the east bound train. Wit
ness told Young that as it was about
train time they had better arrest the
man first and get warrant afterwards.
He would see to getting out the warrant.
He told Sheriff O'Neal about the matter.
Did not remember whether he told them
there was warrant or requisition out
for him. Might have said the former.
The train was then pulling out. Did not
at any time get out warrant for Smith.
Had remarked that the arrest of Young
was an outrage and still thought SO.
j. ". Young being sworn said he was
the man mentioned in the Missouri pa
pers as an officer and Smith was the man
referred to in the requsition.
The court ruled out an effort of the
state to show that Young was owing
money to Smith at one time and went
under other names.
After arguments from the lawyers
Justice Race took the matter under al
visement and at o'clock gave his decs-
ion, holding Young for trial at the next
term of the district court and placed bail
bond at 800. Not being able to furnish
the required security he was committed
to the county jail
TIE IppER HEIT COZ NIEA-