The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-11-01
HIS YOUTH IN HIS FAVOR
Frank Ketchum Is Found Guilty
Of Burglary Committed in
tho Daytime.
Tho Jury Earnestly Recommend
Him to the Mercy of tho
Court.
Sealed Verdict in the Case OF Ah6oon'
Accused OF Burglarious Intent ON
Sealed voralot in ths Case Of Ahfeon'
Accused OF Burglarious Intent ON
. Hencoop.

Frank Ketohum, a lad Of 16 years. Wat
found guilty in the district court yesterday
of burglary in the daytime and the jury,
On account Of his youth. earnestly recon-
mendsd him to the mercy OF Judge Hunt,
10 whom they left his punishment he VIII
be Brought mp for sentence to-day
Ketohum 10 from San Francisco. Barring
q Somewhat hardened look about the face
hs 10 not a bad appearing boy. The charge
asaInst him was that he entered the apart
1ents of Alexander Austin. on Rodney
street. one afternoon. and stole q lot OF
jevelry and some other portable articles.
Tho evidence against him was purely DIR
e%umstantial. but il was very strena. Mrs
Josephine Austin testified that she left The
house about two O'Clock and returned ~
four. On arriving home she found that
some one had been In her spaztmsHss dur
Inc her absence and taken her
gold watch and chain, several rings.
razor belonging to he's husband
and some other a~rtioles. Policeman
John Gibson testified that he saw ketehuua
At the Northern Pacific depot late on the
afternoon Of the robbery. The actions OF
the boy. vhs was a stranger to him. aroused
his suspioions, and no asked Ketchum TO
stem into the depot baildinR. There no
searched Kstshum. and finding . lot Of
jewelly and other stun on him. decided to
put him under arreat. At the oisy nal me
jsvelry and other things we're recognized
a. the property Of the Austina. There was
40 testimony for the Defense. and the only
plea that could DO put in IN ksschun's
favor was his youth. The jury we're out
but a short time when they brought IN .
verdict Of guilty, leaving the punishment
Kstchum to mercy. The jury were: Chas.
Riebold. James Sullivan, George May. G. 81.
Fo tman. M. L., Stone, c. 81. Anderson, F.
]. Nye, Henry Klein, Donald Bradford, J.
], FAINT, Emil KlsRe and Robert Barnes.
All Coon, q Cinnamon who has been In
and around Hslena for twenty-five years,
Vas tried for attempting TO commit bar
elary. F. E. Stranshan defended him and
County Attorney Nolan did hia best to
liner ease tho Lewis and Clarke contingent
at Deer Lodge. The juro chosen to try the
case we're Emil Klues. s. G. GiIpat.ick, n.
I. Stone. James y Ivan, D; 4; Weston
J. FAINT, Oliver Allen, O. H. Anderson and
Il. W. Duncan. The specific charge
against All Coon was that he sought TO get
into the chicken house of William Strawn
on Logan street. Strawn testified that he
heard the dog bark and looking out saw a
man WIN d 2uuUyB0CA "A ZINC AoA&AboEAOOO
of his chicken house. The man dropped
the sack and ran away. but returned later.
whom Htrawn went out and caught him and
turned him over to the police. The man he
caught was All Coon. In his own defense
All Coon said he had been with some friends
At the depot and had drunk considerable
American whisky. On the way home hs
went into the alley alongside strawn's
house and laid down to sleep off his jag"
The cold woke him up. and without know
ing what kind Of a place ID was, hs tried to
Get into the chicken house for shelter.
The jury were out over an hour, and when
,ourt adjourned they were still deliberat-
izg. They finally agreed and sealed their
verdict.
In delivering the charge TO the jury Judge
Hunt laid down . principle which may be
now to'a great many. lie said that 10
constitute an entry will the meaning of
the law, il il sufficient il tue han or even q
finger. OF any instrument held in the hand.
is Introduced or used upon the building for
the purpose and with the intent charged in
the Indictment"
The penalty for an attempt to commit q
felony is one-half what it is to carry the
attempt to a successful issue. The penalty
for burglary in the night time IL from Two
TO fifteen years. That for an attempt is
therefore from one to seven and . half
years.