The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-02
he TOOK THE FREEZERS.
DAIRY johnson Is Found Guilty in
the District Court Of Burg
larry.
Most of the Witnesses Were Els
corted by the Deputy
Shoriffs.
A Professional Weed Sawyer who MADE
o. Last Fsu ana Hasn't Done
Anything since.

While a eoroner's jury Ia the basement
rare tryinQ 20 hnd Qua she cause OF DEAN
OF Billy Jones, the main witness IN the eass'
a Trial iury up on she second door OF the
court house were listening TO evidence
which satisfsd them that HAIRY Johnson
soiorsd. was guilty OF burglary In the sec
oud dssrse. Burglary In the seeond degree
IL burglary committed in the daytime IL
was charged against johnson thAt ne en-
tsred A she'd in the rear Of the former
ouartsrs Of the Bon 1on restaurant ana
stole therefrom two ice cream freeAers'
can Of coal oil and a demiiohn OF vinegar.
Il was on Nov. l6. when the tsmpeTaiars
made ths market for ice cream frsezers
dali one. The fTeezers we're probably worm
from $50 10 $50. bus the season was lave
and rather than carry them over hata
winter. johnson tried 90 dispose Of them ~
a so apisoe. The secondhand man 70
whom be offered them said 10 was poor
time OF year for ice cream ffetzers ana 10
vouldn't give more than 80 oents apiece Tor
them. He got them % that hgute.
The case attracted quite a crowd. John
son Is we'll known in the upper para OF
town and has many friends ths;e. lie 70
plastersr By trade. a lightweight paeilis' by
profession aud a generally worthless mem
her Of eooiety BY instinct The Witnesses
ware a someuhat motley gathering. Nest
OF them we're brought into court by deputy
sherifs or poliesmss and gave their resi-
deuee as county iail' OF "oity jail" Not
a few Of them we're OF that unfortunate
GLASS known as morphine nends." One OF
,hsm said he was bookkssper by profess
siou. bat lust a. present he way playing the
Di.no in a saloon for q living. There was
.,o,her witness who might be able 70 give
FAv.ra Atkinson, the Boston economist
sou. valuable points on how &c utilize
everything in the shape OF 1904 hA'ihe
evidently condensed the vapors OF hs
kitc6en aud msde bullion from them, nna
eencOcted ffieasse from hAe p0'''S'0' w.
'Wbst 40 you do for liYinRr he was
asked BY the county attorney.
II work"
what do You work stF'
II saw wood" .
when did you perform me last LABOR IN
eident 30 your RrOfessionF
Last fall"
what did you dopf
II saved some wood and GOT 81 for H."
Have you worked SINGER
mo. aif."
The evidence against Johnson was cir
eumstantiAl, but was about as strong az
eircumstantisl eVidsnee can be made. Ihe
articles stolen were left behind when ths
restaurant was moved until they should be
needed. They we're gone when the oWnel
went 30 look for them. They we're found
In . second hand stsre, the proprietor Of
which said he had bought them from John
eon. To establish these facts large
amount Of teatimonY was necessary. In
his own behalf johnson said Billy Jenel
had given him the frsezsrs TO sell, and
Carrie Nssbitt gave him the coal oil. Jones
died Wednesday night and a. the tiu'
johnson told his story q eorone's jury In
ths basement OF the court house
were trying TO ind out whai
took him of. he consequently had
no opportunity 20 deny Johnson'a story
and az be would have bean an important
witness for ths state had he lived - looked
for awhile that q special proyideaee had in
tervsned 90 save the prisoner Butit didn't.
Caroline Nesbitt was net dead and she Wa'
produced In court. Like many ether wit
nesses she was temporarily domictlsd IN
the county Jail" She we're pair Of shoes
and q feit hat kindly loaned By Tailor Gus
kelly. She denied having given johnson
she coal oil.
The Jury we're out FIVE minutes, returninG
with q verdict OF guilty as charged. The
puniahment Is from one to ten years i'm
prisonment johnson will be sentenced BY
Judge DuBoso Tomorrow. The jury were
jacob Loeb. Geo. b. Child, Frank sharpe
=. Il. Cram, David Beach. Jerry Weller, =
s. Walker. David sperry, David Carson. ID
J. hcNally, L. q. Peabody and George h
lilly. County Attorney Nolan PROSECUTED
and John ID. Clements defended.