The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-19
Two Mems Liberty May Depend on
Such an Apparently Small
Matter.
james Milford and James stone
on Trial for Robbing the
Waesweilers
The Evidence Practically all In aud the
Arguments 20 Begin ro-day-other
Court News.

Judge HUNTS department OF the uisN'e'
court Yesterday. on she charge OF holding
No Ferdinand Wassweiler and his wife az
their home nesr the BroadwAter hotel on
the pisht Of Nov. % last. and rohbing she
house. The jury before whom the case IL
bsina tried are: John Steinmetz, George
II. RILEY. David Beach. I. q. Peabody. y.
n. Cram. ID. J. MeNally. Jacob Loeb.
Jossph Price. August Weisenhorn. George
Booker. d. L. speTry and I. }. NYs
County ATTORNEY Nolan appears for the
prosscution, and II. c. smith and Charles
Power for the defense.
Fsdinand wassveiler testified that be
aud his wife we're sitting near the stove In
the diningroom on she night Of Nov. y
last, about eight o'clock, when the dog out
aide began 60 bark. lie went 20 the win
dow and looked out. bus could sec nothing
lie then went 70 the door and opened 10.
Two men wearing masks rushed 10, one Of
them sticking gun in his face aud order
ing him to hold up bis hands. HIS vile
started for the kitchen, but the smaller
Of the two men caught her by
the arm and stood her alongside
of her husband Each man had gun.
The taller man took both guns and allowed
witness and his wife 80 sit down. standing
opposite 80 them. leaning on the back OF
g rocking chair and keeping She weapons
pointed at them. The smaller man searched
them and then looked around tho dining
room, finding a rifle standing behind the
door. This he laid on a table and lighting
a lamp went into the bed room ADJOINING
searching that place for from half an hour
20 an hour In there he found shot gun,
which he brought out and laid alongslae
the riae When the men got through theY
forced witness and his wife IN Their Pea
room locked she door 10 t nnd weht out
taking the shot gun and rifle Win then.
They had been gone about ten minutes
when Mr. Wsssweller goa Out OF tue osA
room window and started fer the hroAaNe-
ter hotel. The men were some dissanos ~
advance of him until a bend IN the road ma
them from sight. Mr.. WAsaWeilef went
on 10 the hotel and telephoned 20 the city
for the police. His wife foand ths guns
outside the house. The men took between
So 80 and 50 in silver from witness poeket'
ana a lead pencil vita brass tip on saeh
end, from which abe lead is screwed
out. A lead pencil which was found on ths
men az the time OF the arrest was shown
witness lie said il was like his, though ne
couldn't swear positively II was bis. Con
tinuinQ he said ths mems faces we're Gov
cred By some dark material OF light texture.
cred. The larger man had bis eyes exposed
and witness recognized bis features through
the mask. The big man did ell the talking
the small one said nothing. witness MAJ
heard the taller mans voice a. the preiml-
nary examination. and thouRht u was tns
same as that of the man who did AL the
talking AZ the time of the robbery. VIII
ness used the pencil to write on an account
book The book was p oducsd IN court
and witness wrote In 10 80 show the jury
that Il was the same color writing a. what
be had put in there before the robbery.
Ms. Caroline Wassweiler testified to Sub.
stantiallv the same facts in regard 10 the
robbery. rhe also recalled the faot that
her husband had asked the men II tney
didn't want something 20 eat an dunk,
and the taller man said no. len Gays he
fore the robbery she had placed Sue LEAD
pencil Ia q little work box with some hand
kerohisfs, IN her bedroom. When the rob
bsrs sent her and her husband into the bed
loom she saw that the things from sac
work box had bsen scattered around and
ale pencil was missing. Mrs. Massweilef
was positive In her Identification OF tha
lead pencil. She also recognized Milford 3
features through his mask, and was surs
his voice, which she heard At the prolimi-
nafy examination, WAS the same as tnat OF
the taller Of tbs tive robbsfs.
Policemen J. w. Flynn testified 10 ar
resting the men in a room near the North
on a Helena electric line car. The pencil
and REVIEWERS shown in court he found IN
their effects. Leopold Mannheim testified
50 the two men being IN his place near the
depot on the afternoon Of Nov. -. Milford
bought pair Of rubber shoes. City Mar
Hhal McCann testified 70 having Milford
and stone arrested and in jail about tWc
weeks before the robbery. Ihey had n'
such lead pencil with them then. }. ID.
Hall testified TO meeting the men 81 Eas
Helena. Milford wanted 10 DorfoN gun
saving be needed 10 in his business. Mil
ford had also said 10 him that the smaller
man was his partner. and that be ooul,
handle him by putting him over tFausom
Witness told the county attorney that "a
conversation about the gun took place W.
or three days after the MassVeiler holdur
Al another point be said that II was before
Judge Hunt, seeing that the witness VA
confused. questioned him closely. Hal
then said lac might be mistaken about ]
being after the holdur. Later on he HAis
he saw both defendants al East Hel
era between Eve and six o'clock Of
the evening Of Nov p. John Abercfomb i
testified 10 seeing Milford ana stone in
saloon at East Helena the morning afts
sic holdup. MilforI was reading an aC
count OF the affair IN the pape and "a
two vsie laughing over 10. Here the prose
cution tested.
The hrH witness for the Defense was
Il Perssll, who up % Nov. Is last. was iaIlo
as she city hall. lie was snown the penci
found among the mems edsots. and said b
saw one Just like IL IN the locker AZ the lal
rrlor 70 ms quitting there. On osa-ex
animation be said he gave Milford one az
THAI from tie locker O. write with when IA
Two men we're couhnoI there PRIOR 10 "a
h0dup. Witness sgli be Was discharge
frora bis position as Iailor by she clt
marshal on Nov. j. AZ this point Juup
Hunt got Up and advancing toward "a
witness said % him; "lurn 20 .le jury an
tell them whether you gave eitbe u thee
men. from tie jail locker, such n peaci q
that" Witness said he gavs one Of "a
men "a peucu" ana started 20 explain IA
circumstances. Judge Huut had the stem
ogrnpher r5sd the question over Gaain. an
witness answered "lll nos swear posltlvel
that ] gave him lust such pencil ne that.
"Ihis Is very important testimony. sai
Judge Hunt. Ii Ia ry don't that some on
H. committing perjury a. this trial. 10 PEI
ssl gave Milford tat pencil % ought
clear tho defsudauts.'
Witness rel eatei that Le could no. 81
whether she euci be- gave Mufo j was
vas NOT like tbs one loo evidence.
Thomas Conway, Chris. Btchette W. {
Parsons and Matt Spear oil testified 90 sea
lng Milford ans stone in spears saloon q
thsnight Of Nov p Ail ord was pat q
sue stand iu his own defense. lie tsstlhs
10 being 20 East lie.euE with Stons q
night u she lo.dgp lie 30 be VAS give
the lead pencil from the locker at the c41
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