The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-01-11
HE'S GUILTY OF MURDER
The Case Of Train RObber Jones Soon
Disposed Of By The Jury.
NO TESTIMONY IN DEFENSE
Tho Prisoners Lawyers Are Clever
In Raising Technicailties and
Plausible Suggestions,
but They Don't Go.
Special Dispatch to the standard.


HELENA, Jan. l0.-The United States
court room was crowded to-day when
everything was in readiness to 20 ahead
with tho Jones murder trial. Charles
Jones, the prisoner. appeared TO have
gotten over the upsetting he received yes
terday, when his former associate. James
Moo.s, gave the only testimony that had
been adduced TO connect him with the
party in the cabin on Two Medicine creek
during the fight in which Henry Schubert
was killed. Moots told Of some damaging
admissions Jones had made in regard TO
shooting a white man.
This morning Moots was recalled TO
identity the watch of Conductor Rapalje.
He said he got 1t from sam Shermer be-
fore the fight at Midyale, having traded
for il.
At this point Lawyer BarroNs made n
motion that the prosecution be obliged to
call all its witnesses, particularly Running
Crane, George Cook and Dick hipp. These
witnesses were present, but had not been
called. II was not fair 10 compel the de-
fense TO put them on, as they were reluc-
tant, if not prejudiced, witnesses. The
lawyer called attention to the fact that
fight examined were two Indians who did
not speak English. District Attorney Weed
said he had no objection, and Judge
Knowles directed that the witnesses he
called. Dick kipp, a Piegan Indian, was
called. His testimony was pretty nearly
the same as that of the other witnesses OF
the fight. Il was kipp who first know of
the hunted men camping at Mldvale. He
met them on the way there, and was
| told that they meant To camp there. The
witness created some amusement by say
ing that when the fight occurred at the
cabin Everybody skipped out" but him.
self and Little Dog, who hid in the brush
few yards from tho cabin.
On cross examination the witness said
the men inside the cabin had no chance to
shoot until the posse let up under the or
| ders of Marshal jackson. When they got
this chance they killed Schubert. kipp
heard at least one shot fired after jackson
called to stop.
George Cook was a member OF the posse,
and one of the men who located the camp
of the supposed train robbers. Cook told
about the same story of tho affair as the
others. Running Crane, an Indian, did
4 lot kuoW iuutu dDpat tLc a. hc Nac
\ not up at the cabin when the shooting oc-
Cured. Here the prosecution rested.
| Attorney Russell made a motion TO in
struct the jury TO acquit Jones. He called
attention TO the fact that the indictment
charged the murder of a man named
Henry Seibert, and that all the way
through the trial thus far the district at.
torney had referred to the dead man as
Seibert. whereas all the witnesses had
spoken of him as Schubert and he was
known that wav by his neighbors. There
was no proof that Jones or anyone else
had killed anyone named Seihert. Whar-
| ton was cited as authority that the name
OF the person killed must be proved, and
| that in case the name was
wrong in the Indictment il
was ground for dismissing the defendant.
District Attorney Weed argued To the
contrary and cited cases whero mistakes
in pronouncing or spelling a name we're
not fatal TO the case. Judge Knowles said
that the latest authorities left those mat
tiers with the jury TO pass upon. Attorney
Russell then declared that under the cir
cumstances the defense would not 60 into
any testimony. As it was near the noon
| nOur Dy luis iiue, tHe Juugc ueierreu
hearing the arguments I'LL O'Clock in the
afternoon.
At the afternoon session Stephen Car
penter made the opening statement FOR
the prosecution. He gave an historical
account of the whole affair from the train
robbery, through the pursuit, down TO the
fight at the cabin. He claimed that 1t
had been established that Jones was in
the cabin at the time of the fight; also
that jackson had announced that he was
an officer and demanded that the two
men surrender; and that the first shot
camo from the cabin. Ho then dwell
upon the testimony Of Woots to show that
the men were seeking to evadc arrest and
had motive in their resistance. Jone.
had said he fired a shot and that he
thought he had hit white man; only one
white man was shot and that was Schu
bert. So far ms the prosecution was con
cerned. it made very little difference
whether Jones fired the deadly shot oil
not. SO long as he was there acting in con,
cert with the others. He claimed that the
men in the cabin had no reason 10 believe
Il was an Indian attack, as they saw the
white men with the party.
John r. Barrows. for the defense, said