The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-10

tlon Jackson produced q gold watch and
chain which Wers taken from James Moots
after bic capture. IL vas the same taksn
from Conductor Rapalje whou the train was
held up In reply 20 Lawyer Russell he
said be onlT saw two rides taken from the
captured men, thouah he heard there was
another Schubert lay on the ground who're
he fell for two hours after being shot. lie
nsver recovered consciousness. Al this
point recess was taken tJ the oourt until
the afternoon.
Al the afternoon session Judes Knowles
stated that after examining the authorities
he would admit evidones Of the robbery of
tue train aud evidence 10 connect Jones
with H. Marshal jackson was again placed
on the stand. and in reply 90 = question By
the district attorney said that Jones had
admitted TO him Afterwards that he vas Ia
the cabin dufias the fighting vhsa kehu-
bert vas killed. Jackson said he followed
the trail Of the robbers from the place OF
the robbery BY msana Of che horses tracks.
Ons Of the horses had on q PLATED shos sim
liar to that put on roaming borase. At
Augusta the men had their horses fe-shod.
wherever they struck wire fence they
had cut IT, From Augasta he tracked them
bv the freeh hoi seshos tracks TO Sun river
lie again got their trail on the Blaokfset
reservation through Agent Cook having
ordered them OF there. Al the time Of the
arrest Jones had beard and moustaohe. |
When JacksoA's testimony was concluded |
the defense moved to strike out all bis evi- !
dence relating to his being q deputy mar
shall. as he had admitted that be did not |
take the oath Of office and was not a |
deputy marshal at the time of the fight. /
Judge Knowles overTuled the motion on /
the Y ound that Jaokson's appoin tmsnt as |
deputy Marshal Was sufficient, even IL be
did not taks ths oath of office. The de-
fenss excepted 10 the ruling of the court.
Then Deputy Marshal Lsokley was called
TO prove By tho records Of the office that
from Sept ~ 10 Oct. Jackson held n com
mission a. special deputy marshal.
Conductor John Nj. Rapalje was next
called. He told Of the holdup OF the train
on the night OF Aug. &c last near Reeds
point. When h aseeTsAined that the train
was held up he went thfough the coaches
warning the passengers TO conceal their
valuablss. When the robbers camo into
the coaches one Of the men took Rapaljs's
watch and chain. He told the man be
needed that TO ran his train by. differ
ent here" replied The FobbeF. as he took
the watch and chain. hspalie asked 20 be
allowed 20 retain his knight Tsmplsr
said he saw four men as the robbers went
away from the train. They were all
masked, and ordinary sized men except
one, who Was rather tall. District Attorney
Weed wanted the prisoner 10 stand up. but
Jones' counsel objsoted and Judge Knowles
held that he didE't have 20. Rspalie was
shown the watch found on Meets and idsn-
tihed II as his own. lie also Identified his
charm, Which was found a. one Of the camps
made by the robbers during their flight.
The next witness was sheriff Ramsay. Of
Yellowstone county. He was at Saltwater
on the night of Aug. 70. whsn ho heard OF
the robbery. He took a posse aud fol-
lowed the trail by the tracks of one horse,
which wore plated or running shoes. Al
the frat camp where the robbers stopped
the posse found some torn letters buried in
the sand. When the pieces we're put to-
gethsT 10 was found they were addressed
TO Jack Chapman. Judge Knowles ruled
that ne Their this torn letter, nor the war
issued the Monday after the rob-
bsrY. we're competent evidence. Tho wit
ness continued that a. another camp he
found watch charm. IL WAS the one
taken from Conductor Rapalje.
Little Dog, captain OF the Indian posse ,
which went Out with Marshal jackson, was
then put on the stand. VIM. Jackson, d
acted as interpreter. George
Cock, another kalf-bTeed, acted for the de-
tense, TO see that the Interpretations we're
cor eot. The taking Of Little Dogs testi- .
mony was necessarily allow. On Oct. 3 last
be accompanied Marshal Jackson 10 make
IN arrest on the Lakewood reservation.
lie did not know who was to be arrested oI- !
Do NJ that il was some white men aud OBJ.
5eTs. That morning they put theiT horses
,n the ain and went up 10 Midvsle. From
there, under the lead Of Jackson, they
vent TO Two hedisine, where the men
we're for whom they we're looking. They
an across the mems hoEses on the way.
While they we're discussing what 10 do. L
George Cook and some more Indians Joined :
hem. They were then across she river
rom Whe e the robbers were cAmped. They
eff their horses and went down the river
md crossed by . wagon bridge. When
hsy wsFs over the river Jackson said he
would give Little Dog letter and that he
vac 20 40 and arrest ths men in camp ON
he charge Of robbing a cabin. His men
thought be bad better not wy this, a. he
lid not speak English and might get into
Touble, and he told Jackson IL be would
10 ~ and make the arrest he Little Dog)
EOuld support him. Little Dog wanted 20
az In ambush until The men came out for
heir horses. but Jackson thought 10 best TO
10 tight ahead. saying the arrest could be
made without muck troube. Little Dog
hen located the men in the cabin,
md Jackson. who came with him later,
aid they wers the men wanted. Jackson
hen told him the men in she cabin were
lsspe ate and that hO wss going 10 order
hem 10 surrender, and u they made any
l0stils movement the Indians ws,s to fire.
40 ami Jaekson advanced on the cabin aad
aw one man inside. jackson said some
hing which witness understood 90 be q de-
nand for a surrender. Ihs man in the
abin turned and drew a pistol and fred.
ackson fred almost At the same time. The
het In tue cabin filed 10 with smoke and
10 saw nothing more OF the man inside.
itn0ss ran 20 cover and jackson made
iane 70 othore 10 90 the same. lhen there
Tas soms shooting which stopped when
sokaon ordered ~. 1Esn thers was more
hootina and Schubert and Duck Head were
founded. Little Dog said that after the
osss took 10 the brush he did MOI renew :
he attack. On cross-examination Little | =.
log said he thOuRht there were nineteen Y
isn In the party which attacked the ca bin, "
no men composing the POSSE we're ia sight
Z those In the cabin when the demand WAS
lade for the surrender. As they np-
roAohsd the cabin he aud Jackson we're IA n
dvAnoa aud the others struggling along. u
lost OF the posse were armed, sonir with
paular army rifles and some with MincheH -
.. JncksOn's instructions 20 him were 90
E on his guatd AMI II the men IN the cabin
cd 60 defend himself.
Duck Head, the Inaian who was wounded
the nght ~ tie cabin. was the next wit.
oss. lie was examined more tarticularly ~
> 20 the shooting ~ the eabin. witness ]"
~ some white men In the cabin. When Al
be men saw the pa " advancing one OF
lem reached for bis pistol and H. ed. Then -
lere Was some nring ontsiOe until jackson
ilied out not 10 shoot About then she
RAG began from the cabin. Schubert vas
lot 81 and witness sotly alter. When
ieS advanced 10 with orders 90 defend
themselves u the men IN the cabin hied. Al
James Moots," called this dlstrict Gttor- M
o.. LaWyer hass was on hla feet q
neo with an objection 90 Moots being tat &
D she stand. The objections wers that lac
40 not willing witness aud that has state n
ents might olsrAts against him. Judge
movies suld be would allow the evidence -