The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-13
TWO YEARS, SlOO FINE.
James Mools Receives HIS sensenc.
and Also a Lecture From
the Judge
Warned 20 Keep Out OF Bad
Company In the
Future.
A Molten Made 20 Set Aside the
Verdict Of Murder In the Case
Of Charles Jones.

James Moots. The boy Who pleaded euilty
70 manslsuahtsr rather than stand trial fer
the murder Of Henry sohubsrL got bis sen.
tsnoe from Judge Knowles In the United
States court yesterday. II was two years In
the penitentlary and hne Of 800. Moots
IL NOT able to pay ths fine, bat be will not
have 10 serve any extra time for that
Whsn Moots presented himself for sen
tencs. Judss Knowles asked him ths usual
question az 10 whether he had anything TO
say why the sentence should not be pro-
nounosd sgsinst him. i've q few words
TO say" replied Moots. i've slwaya
worked hard. What else he meant to
say was lost 10 postsritJ. a. he broke down
here aud stopped talking. Z. @. Russell,
one OF Moots' lawyers. made . plea for
mercy for his client II think the court
should take into consideration the question
~ 10 whether the defendant bad any
knowlsdes Of the character OF the men he
was with. and ths part they had taken In
some previous affair. According 20 the
statement OF ths defendant he did not
know the character Of these men 81 the
time OF the ARRAY a. MidvAle, and endsnv.
ored then 70 give himself up. 10 was he
whs oonvstsed With the ofiosr on the cut
side and sttem pied 10 surrsnds-. but was
prevented by the firing on the outside. lie
Afterwards gave himself NJ. He Was not a.
the tims concerned with those othsr dss-
perats men In resisting the officers"
~ Ia usual for a Judge in passing SEN
tenoe." said Judge Knowles. ito deliver
something Of a lecture 10 the prisoner with
the view to directing him toward better
course Of life. You claim that you have
been a hard working boy and that you have
worked for living. You ware found In
the company Of men who according to the
testimony presented in court were Of bad
character; men Who sought TO make liv-
ing otherwise than BY honest labor; who
sought TO take property from men who
make their living by honest means. Those
men Ca ed nothing for the rights of the
people among whom they lived; IL made no
difference 20 them how men made their
money so they got u, and they proposed to
obtain IL without work; they proposed 10
obtain II by crime. fou were found with
those men and we're with them when fell
| low being was killed. IL may have been
mere accident that you we're
with those people. You seem 70
have Travelled with them and TO
men who com init crime IL, that while they
may meet with some temporary success,
vel In the end their life 10 a failure In
every particular. They make little money
/ by crime, bat IN the end 10 IL all gone, and
thew die some kind Of a miserable death.
either within the walls Of q ponitentiary, or
out among their fellow men, deserted and
forsaken. none desiring to do for them an
act Of kindness. Now / would say TO you
as a matter Of policy, u for nothing else
never consort with men hereafter who are
criminals. The judgment OF the court IL
/ "A. h. AZ
Deer Lodge for term OF two yeArs and be
/ fined 500"
Marshal Furay will take Moots ovsr to
the snitsntiary this morning.
ATTORNEYS Russell and Barrovs counsel
| for Charles Jones, yesterday hlsd in the
/ United States court 2 motion 20 set aside
the verdict of the jury which found him
guilty OF murder ION the ground that the
| verdict 10 against the weight OF evidence;
and that = material allegation Was not
proved, viz: the name Of the person in
/ iufed, the name of the person killsd being
alleged to be Henry seibert in the indiot-
ment, aud the evidences showing that the
name OF the person killed was Henry
schubert and that Schubert was
known by no otksr namC; and for the
further reason that the eour, gave nc
Instructions 10 the jury defining man
slaughter, n crime included within thai
charged against the defendant in the ia
dictment. the omission being greatly TO the
prejudice OF the defendant"
George b. Fry was found guilty in the
United states court yesterday of selling
whisky to Indians on the Blackfoot reae
walton. I he main witness for the prose-
cution vas Little Dog the Piosan Indian
whose testimony vas so important In the
Jones murder trial. On the jury that tried
Err we're i've of the men who passed on the
.uilt OF Jones' They were out about an
hour. They recommended Fry TO ths
mercy OF the court.