The Helena independent., 1894-11-22
THEY WERE CAUGHT.
For Attempting to Escape -Four Men Arc
Indicted by tho United States
Grand Jury.
TWO CONTEMPT CASES DISMISSED.
Other Business Which Is Engrosslng the
Attention Of Judge Knowles These
November Days.
TWO CONTEMPT CASES DISMISSED

The United states grand Jury yester.
day returned indictments against
Charles Grant. NJ. Wheeler Ed Young
and John Altman Tor resisting United
States deputy marshals, The men are
part of the Seattle army of common
weal' which stole a Northern Pacific
train near Arlee. In Missoula county
last spring. In an etort 10 reach Wash.
ington City, ON June 4, Judge Knowles
sentenced the Seattle army 90 thirty
days in the Mlssoula county Jail FOR
contempt OF court In SELLING property
In the hands of the receivers OF the
court. A large force % deputy mar
shals started with the prisoners for the
county jail here. TO hold them until the
arrival OF the train. Shortly after
leaving the court house about a dozen
Of the prisoners made break for lib
erty. Some succeeded In getting away.
but Grant, Wheeler. Young and Altman
were recaptured. The indictments
against them charge that while be-
Ing conducted TO jail by the marshals,
they wilfully and unlawfully refused.
'N7ANhNA ahh hAHNbNNNh Nnt hIutI vi
court, and in so doing, with force and
arms, broke away and escaped from
the custody of the marshal, and in
contempt OF the order OF court, con-
trary 10 the statute in such cases made
and provided. and against the people
and dignity OF the United States" Lee
Word was appointed by the court TO
defend Grant and Wheeler. and A. l.
Loeb to defend Young and Altman.
One case OF contempt that arose out
OF the recent strike was disposed OF in
very short time by Judge Knowles
yesterday II was that Of George
Berg. a telegraph operator at Marys-
Vile. A deputy marshal made oath TO
the effect that when the first train
after the strike arrived in Marysville
on July 10. a crowd gathered at the
depot. and Berg appeared TO be leader,
melting the others TO burn the depot.
blow IL up with dynamite, hang the
deputies. etc. The only witness put on
the stand was S. T.. Bowlby, agent OF
the Northern Pacific at Marysville. He
testified that he was present all the
time spoken of and saw Berg in the
crowd. Berg was doing nothing and
saying nothing. Upon this the govern
ment dropped the case and Berg was
dismissed.
Another case of contempt though Of
a different nature, shared the same
fate, though 1t took nearly two days
10 get through with IT, IL was the case
of w. Il. Slaughter and ID. c. Kyle, who
were charged with not obeying an order
for the delivery of cattle In the possess
sion of a receiver appointed by the
court. Judge Knowles said that what
ever intention the defendants had in
endeavoring 10 convert the property II
would not constitute contempt. Con-
tempt must be in the act, not in the
intent. He did not think there was
enough In the action OF the defendants
To constitute contempt. He ordered
the defendants dismissed. The case
had been on trial since Tuesday morn.
ing. j. Z. Porter the receiver, had
placed the cattle I'm the care Of Kyle
who had other stock on his range In
| Valley county IL was claimed that
| Kyle and Slaughter were about TO shin
the cattle 10 Chicago for sale in dis
regard Of the wishes of the receiver.
The suit Of the United States against
+. c. Anderson and those who
We're on his bond as postmaster OF
BoZeman. has been on the docket OF
the United States court since 1888. The
| government claimed that Anderson
owed the United States about 81. 500
| Yesterday Il. p. Caldwell. representing
| Anderson appeared before Judge
| Knowles In the United States court
and had the case set for trial Dec. T.
Mr.. Caldwell stated that the then Post
master Anderson had sent in To the de-
partment at Washington vouchers
which not only wiped out the alleged
shortage. but left the government In
his debt some $3.50. The department
had been written 10, but the vouchers
could not be found.
The following are the trial jurors for
the present term OF the United States
court Louis f.. Stalder, John b. Brosh
Al Fisher. Charles Grossman. ]. f.
Carpenter Marcus Lissner w. j
King. u. b. Newhall. Joseph Bier.
man, j, Norris, III. T.. Burch, J. n. Glass
a. T. Koldrup, Jesse !. Phelps, Henry
| Fisher. Frank a. Fellows. j. A. John.
ston, J. Hirschberg, ID. j. Arnold, W
T.. Phillips, Joel Biel, William Keller
Herman Richter Henry Sieber, +. s
shannon, o. Il. Allen and Il. W. Fiske
Helena; Gilman Riggs and Fred Riggs
East Helena.