The Helena independent., 1893-12-05
An Important is QUESTION Raised
In the Cases Or Jones
and Smoo,s
Mono Of tho Indicted Men Present
When the Grand Jury
Was Drawn.
The Batchs'or Case Continusd Untll ths
April terin Of Court-Casss
Ast for Tr,ai.

OnlSou 6s0y0e cOuyS yesI0voNy Wulcu uhy
ansot oil the indictments recently ieturnsd
by the grand Jury. lit is decided in favor
Of tho man In whose behalf II was made y
may even nscessitats ths calling Of another
grand jury and compel thas body 10 do all
over again the work performed By Ito prs
dsosasor. When the grand ip orr Of the
United States court was being empan nsllsd
most Of the men whose cases were to come
bsfors them wsss lying 10 the county jail.
Some OF those who we're ont on bail wsrs
present, noticsnbly the bank officers who
were subsequently, indicted. The state Law
provides that parties accused Of crime shall
havs the right to bs ptsssnt whom grand
Jury ID en- annsllsd. and to ehallsngs the
selection Of any one TO whom they have
obisctions. There is no suoh provision In
the Uaited States law. There ID rule Of
the United States court. however, that whore
there 10 no federal statute on subject.
the state law shall apply. j. Il. BA'rows.
counsel for Charles Jones, the Northern
Pacific train robbsr accused Of murder on
the Blackfoot reservation. and p. G. Rus
soil, counsel for James Moots, the alleged
accomplice of Jones. went into court yes
tsrday morning. when their clients were to
plead 10 the charges and moved TO quash
The indictments on the ground that the
men were not present when the grand jury
was snpanelled and thersfors had no op-
po tunity TO challenge any Of the members
OF that bod. Judge Knowles viii hear ar
Should he decide that the indictments mnst
be quashed for the Ieaaons stated. anew
grand Jury will have to be summoned to
take 10 tho cases hnew. Az the same ru!e
which applies TO Jones and smoot holds
good in all other cases, every indictmens
Grand in : would hive to do oil over again
what the ono just discharged did.
Harry +. Bachelor. president Of the
6tookerowers National bank, OF Miles City.
appeared in court and pleaded not guilty to
the indictment charRinR nim,w,tn mssap-
subsequently, Ex-Gov. Toole. OF his coun-
eel, made motion TO havs the case con-
tinusd until tho next term. He read an
affidavit IN support OF tho motion. IN which
IL was stated that Bachelor desired TO en-.
rloy W. E. Cullen. ]. X. Toole and J: ".
Strsvsll ns his counsel but was without
means to pay them; that no had teen ln
CORE pouuenos with friends In Illinois and
Penusylvania with view of obtaining the
means, but had Is YET been unable to make
tho necessary arranasmsnts. he snlu snAt
II the case were continued to ths next term
ho could make the necessary arrangements.
The indictment contained fifty eight couRts
and many Of the charges were brought to
his attention for the frat simo when the In
dictment was read. and thcy will Involve
Batchelor SAYS in his affidavit that II he has
time to inspect this books OF the bank b be-
lieyes he can explain every trnnsAction,and
show that his conduct has been honorable
and consistent with the best intercsts OF the
bank. and that the alleRed false entries In
A.. - hn tn n tRG4
entries and relieve him Of any criminal rc-
spOnsibility.
District Attorney Weed said the govern
ment would prefer that the case be trled ~
thia term OF cou.t. While there was no
disposition to work any hardship IN tue
matter yet Iav could be set in this term
which would allow ample ttms to prepare
defense. Gov. Toole made some further
rema ks in support OF his motion. ana
Judge Knowles granted IL an set the CASE
for the second Monday in tho April term.
Judge Cullen asked that an order be
made giving Bntcnelor accesB TO the books
OF ths bank. Judge knowles said that he
would allow that. but the hooks must not
be taken out of tho hands Of the received.
G. II. Middleton. one OF the directors OF
the Stockgrowess' bank, pleaded not guilty
to the charge of perjury. aud was e!eased
on his own recoenizancs of $500. C. L.
Merrill, cashier who WAS indicted in con-
nection with Middleton for complioity IN
the Bachelor transaction, WAS given until
today to plead. He also gavc his personal
bond for $500.
viii Hanks. of the Merchants bank Of
Great Falls. was given until to-day to
F.. len Nit Wall, robbery Of the mails at
the Livingston pos,oftioe: E mer y. Ben
ner and +. J. Herrick. highwa. robbery on
the Grow teservation; John and Hen Ed
mundson nnd Stewart Russell. robbery on
the Grow ressrvatiop; Joseph Purvia. sell
ing whisky to Indians; and John Hewitt.
horse stenllnR all pleaded not guilty.
Casea were set for trial as folows: Milt
Wall, Dec II; Benner aud Herrick. Dec
u; Russell and the Edmundsons. Dec. 13;
Hewitt. Dec. ID; Purvis, Dso. Is; United
States ". H. Z. Hansman and otners. Dec.
l6 George Fry. indicted by a previous
aud jury for ssllinalwhisky to 1ndisns
will 10 tried Dec. IL also.