The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-12
TO SAVE HIS OWN NECK.
James Moots Is Allowed TO Plead
Guilty to the Charge OF
Manslaughtsr
This and His Testimony Against
Jones May Make His Sem
tenco Light
Jones IL Given New Quarters In the
County Jaii-Hs wni Ask for
New Trial.

James Meots, the boy who was indicted
for the same crime Of which CHARLES Jones
vas convicted. that OF numbering Henry
Schubert, a member OF the posse which
was ying to capture the Northern Pacific
train robbers. pleaded guilty in the United
States court yesterday 30 manslaughtar and
will be sentenced TO-DAY. ID was on Moots'
testimony that Jones was convicted. and
the boy evidently became badly frightened
- the fate which is staring his former
partner in ihe face. lie wanted TO plead
guilty whom his case was called yeste tdAy
morning. but his attorneys. r. @. Russell
and John X. Bairows. thought he would
stand good show OF being acquitted on
the ground that he wanted 70 surrender 10
the posse when called on to do 30. IL was
therefore decided TO 60 to trial and the
work Of selecting jury was begun. The
regular panel was exhausted and there
we're only eleven men in the box and they
we're subject 10 peremptory challenge. Six
Of those called had conscientious soTuDles
against capital punishment. and four had
70 med opinion. Othes had been chal-
lsnged by the prosecution and the defense.
A special venire Of twelve Yves ordered and
court took a recess until the afternoon.
On the way back to the county jail 20 get
his dinner Moots told Marshal Furay that
he wanted TO plead guilty. and meant TO do
so In the afternoon. This was brought 10
the attention Of District Attorney Weed
and when court met In the afternoon he
got M, and addressing Judge Knowles
said; Before the jury Is called, think ID
would be proper 40 this time TO make n
statement TO the court with references 20 the
cause on trial which may DO away with the
necessity for further Proceedings. l make
this statement al the request OF the de-
PENDANT acquieseed In by his counsel.
Since tho beginning of this case aud since
the noon recess. the defendant BY request
of the United States marshal cimo to me
and stated that he desired, IL the COVE m
ment was willing 10 accept such plea. to
enter q plea Of guilty under this indict-
ment 10 the crime OF manslauahter, and
inquired as to what the punishment for
that crime would be. stated to him that
II would be as the law provides, from one
to ten years, and l told him that under the
oirou IN stances of this case. and owing to
the fact shat he has testified TO what be-
lieve 10 be the nth in relation 20 tho trial
OF smother defendant that the government
was willing 10 accept this plea, and fur
I
be lenient in imposing the sentence upon
him. Tho Qlea then, / believe, of the de-
PENDANT may be entered, your honor. 1
make this statsment al HIS request 10 that
effect that the defendant 10 guilty of man
slaughter and that will do away with the
! further necessity, as / understand II, OF
proceeding with this trial With the per
mission Of the court, the government Is
willing to accept the plea"
Judge knowies asked hoots II he made
that plea. In q faint voice Moota replied
that he did. Attorney Russel Was asked II
he consented 10 H. and answered yes. The
court will take into consideration any ex-
tenuating circumstances in passing sem
tence." said the judge. Attorney Russell
said be would like 60 have the sentence
passed as soon a. possible, and Judge
knowles said he would do 30 this mo- ming.
Moots IL only shout Is years old. He
says be had been working for various pso-
| pie in the Blackfoot country and had rever
been In trouble before. He met the gang
only a few days before the hght With the
| posse.
Jones, the convicted man. after being
taken back to the county jail Wednesday
aiRht. was obliged TO change all his cloth
ing lest be might have some weapon con-
oealsd about him that would aid ia his es-
caps OF furnish him the means of taking his
own life. lie WAS then transferred TO the
nj stairs department of ths jail, away from
tho other prisoners. IL 10 not known a,
what time he will be brought up for SEN
tencu. Judge knowles told his attorneys
yesterday that al the time needed vsuld be
granted IN which TO ask for new trial.