The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-11
CONCLUSION oFTHE TRIAL.
The Defense Does Not Introduce An!
Evidence for the Prisoner.

The Defense Does Not Introduce Any
Evidence for tho Prisoner.
The court room was orowdsd 10 it's full
capacity all day. Jones appeared inter
ested ia oil the evidence and in the Erqu-
ments. but did not seem biz nervous until
the jury retired, when he showed more con-
osra than 40 any time during the trial. not
ceptinR when Moots was tesiifyinq.
1hs days proceeding opened with the re-
calling James Moots to Identify the watch
OF Conductor Rapalie. lie said le cot IL
from Sam Shsrmer before the fight at Mid
vale. having traded for u. AZ this point
Lawyer Bar owi made motion that the
prosecution b. OBJ iRe 4 20 call all its wit
nesses, pa ticulsrly Running CranS George
Cook and Dick kipp. These witnesses were
present. bat had not been called. IL was
not fair 90 compel the defense 10 put them
ON. as they were relucthnt ~ not uTsiudicsd
Witnesses. He called attention to the fact
thst among the only witnesses 10 the trans
action We Q two Who did MOI speak Eng
lish. District Attorney Weed said he had
no objection, aud Judge knowloa directed
that the witnesses Be onlled. Dick kip,
Piegan Indian. was called. His testimony
other witnesses 30 tho hght Il
was Kipp who hrst knew OF the
hunted men camping A. Milvale. he
met them on the way there and was
told that they meant 10 camp there. Wit
ness oreAted SONS amusement by saying
that when the FIGHT began at the cabin
every body skipped OUT bus himself and
Little Dog, who hid In the brush lew
yards from the cabin. On crosa-exGmina-
iion the witness said the men inside the
cabin had no ohancs 20 shoot until the
posse lot np under the orders of Marshal
Jnok.on. When they got this chance they
Killed schubert. Kip keaTd a. least ohe
shot bred after Jackson called TO stop.
George Cook wrs a member OF the posse
and one OF tho men who located the camp
of the sup osed train robbers. Cook told
about the same story Of the affair as the
others. Running q are, an Indian. did not
know much bout the naatr, "a lie was not
up At the cabin when the shooiin- oc usred.
Here the y oseoution rest, d.
Then Attornsy Russell made a motion 10
instruct the Jury TO ucqurt Jones. lie
cal ed attention to the fact that the indict-
ment charge the murder OF a man named
Henry ssibeTt and that all the way through
the trial thus far the district attorney had
referred 20 tue dead ian as SeibrTi, whereas
sill the wines es had spoken OF him as
Schubert. Al d he vast known that way by
his neighbors There was no proof that
Jones or anyone else had Killed anyone
named Seibert- wharton Vas cited hs
authority that the name OF tue person
killed must be proved and that in case the
name was wrong in the indictment Ii was
ground for Diminishing the defendant.
District Attorney Weed argued Co the con-
trary and cited cases where mistakes In
pronouncing OF spelling name ws not
fatal 10 thu case. Judge knovies said that
the latest authorities lolt those matters
with the jury to PASS upon. Attorney Ras-
Eul then declared that uuder the crcum-
stances the defense would not 90 into any
testimony. As 10 WAS neir tue noon hour
10y this time. the judge defer oil hea ing
the arguments nntt. the afternoon.
A. the afternoon session stephen Carpen-
ter made the opening etntement TO- the
pros -cution. lie Rave q historic a account
81 the whole affair from the { ain robber
through the pu ,uil, down 10 the hght az
the cabin lie claimed that 10 bad been
established shat Jones was Ia the cabin a.
the time OF the nght; also that Jackson
had announced that he was an officer aud
demanded that she men surrender; aud
that the first shot came I ON the cabin
lie then dwelt upon the test muny OF Moots
20 show that ths men were seeking 20 svade
nrTsst ana had % motive In their Tea.stAnoe.
Jon, had 81 hs fired shot and that he
Thought he had bit white man. Oaly one
white msn was shot aud thai was schubert.
30 ftf 80 the resolution was concerned 10
made very little difference wboiber Jones
Il ed thu deadly shot or not. 80 cong "a he
Was there acting IN conctFt With the othe =.
tie claimed that tire m n IN the cabin had
uu reason TO believe % was an Indian at
ANtNs hf NNNN SAW the NAAN men Win ANo
part. speaking OF abe difference between
the uaInfs q ven OF the murdered man, te
al aiiusd tnnt ~ made no material differ
ence. A. only one man Was kille and some
knew him ne Seibert and Others as Schu-
ltrt.
John r. y flows. 10; the defense. said
thsfo was no testimony In the este 90 sboN
that the dead man vas NAMED seihcrt The
case wrs such that 81 Jones sHoull b. uc-
q0ittsd OF killing Henry heiiorf lac would
D. itAb % 90 another indictment for killing
Henry Schubert and Lis llfr rut in danger
agstu. NJ. Hnrroua thun took up smother
phase of the ~. lie Hnit the dlsiance
from whe she train rohLSff took place 20
Midvnic Waa shout ak days ride FOR men
fleeing from iustice. unu vet The moa who
wrro attacked IN the cabin must have taken
owe . month 60 ges tners. lie claimed
that the waa no evidsucs o. stow that ths
hunted men knew the attack waa made by
officers o. not. 90 the mrn only saw q party
OF ninetsen. OF whom ouiy two we're white.
rushing on them. Tue oompand 10 sur