The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-20
GUILTY OF THE ROBBERY.
That's What the Jury Found in
the Case Of Milford and
Stone
IL Was That Little Lead Pencil
Which Secured the
Conviction.
Milford Makes an Attack on the Tailor
aud . Prisoner when Taken
Back 60 JAIN.

The Jury in the case OF James Milford
and James stone yesterday found them
Guilty OF holding up Ferdinand Wassweiler
ana his wife. Csrolins. az their home on
The Ten Mile road. labove the Broadwater,
on the night OF Nov. p last. They will be
brought into cou.t this morning 90 receive
their sentences, which, under the law pun
ishins highway robbery. can be any where
from ave years 20 life imprisonment in the
penitentiary. The case was argued 20 the
jury yesterday morninR by County Attor-
ney Nolan for the prosecution aud II. {.
smith and Charles Power for the defense.
The arguments and the Instructions from
Judge Hunt occupied ell the morning, and
the Jury retired about noon. When the
court rsassombled at two In she afternoon
there was only wait Of about
hfteen minutes before tho jury fled into
the room with their verdict The lsadpsn-
oil used by the Wasswsilers and which
was found in the possession
OF the accused men after their
a.rest. had done tie wo and secured the
conviction. The state practically made up
its case as the trial proceeded, as when
County Attorney nolan started in he hao
serious doubts Of being able to secure a
conviction, though morally certain OF the
mems guilt.
Ths instructions given 20 the jury BY
Judge Hunt, while mostly Of the statutory
kind, we're eminently fair toward the &C.
cused. He told them that the punishment
Tor the offenso charged was impTisonmen.
in the state prison for a term NOS less than
i've wears, and which may he extended 20
ne The defendants" he said. are pre-
eumed 20 be innocent until they are proven
guilty by oompetent testimony and
beyond all reasonable doubt. Moth
iug Ia 80 be presumed or taken
~, impliontion against them. "
la order 80 warrant convletion - was IN
cumbent upon the stats 20 plove. 10 the
satisfaction Of the jury, the truth OF ever
material allegation IN the information De-
vond all reasonable doubt and H. aiisr
careful consideration of all the evidence IN
the case. the jufy entertained 4 reasonable
doubt as TO the truth Of nny one OF the ma
teriaI allegations. then 10 was their duty 20
Give the defendants the benent OF tnat
doubt. AMI return verdict Of not guilty.
The Jury we're the judges OF the cfeolt
which should be given 80 the testimony OF
abe different witnesses, and before theF
could convict the men, Il must appear from
the evidence, beyond a reasonable doubt,
that they, ana not somebody else, COM
mittsd the offense charged.
tinued the Judge, ia what Is known IL law
as an alb, -that ia, that the defendants
we're al another place at the time OF tbs
commission OF the crime. and the court IN
stTucts the jury that such a defense IL ~
proper and legitimate, II proved, as any
other, aud all the evidence bearing upon
that point should be carefully considered
by the iuty; and II IN view OF al the evl-
denee. the Jury have anJ reasonable Goubt
AZ 90 whether defendants were ia some
other place when the crime was committed
they should give the defendants the oeuent
of the doubt, aud ind them not guilty. AZ
regards ths defense OF an alibi ths jury are
Instructed, that the defendants are not re-
ouired 10 prove that defense beyoud a reRs-
enable doubt so entitlo them 10 acquttal'
IL is sufficient II the eyidenea upon that
point raises a reasonable DOUBT OF thels
presence al the time and place OF the ooH'-
mission OF the crime charged.
When the !ury returned with their YER
dict about 4 quarter past tive AllIofd ard
Stone we're brought into eouf,. foremah
Booker handed the verdict 90 JudRo Hunt
who read 10 and handed u 20 C'erk Bean
Milford 'ths long man." never took his
eyes from the paper from the time IL LETT
the foremGn's hands until the clerk read
that I'VE the Jury, find the Defendants
guilty of robbery as charged" lie seemed
stunned, bat said nothing until he and
Stone we're on their way hack to the jail In
Milford muttersd a few imprecations on
the jury. the tenor Of which could not be
heard. Passing through the corridor he
told City Marshal McCann that be would
remembsr him when he (Milford) GOT out.
Deputy Gabisoh had the two prisoners
handcuded together on the way 20 the jail.
Once inside nud the door locked he took OIL
the handouts and motiontd TO the men 20
20 into the corridor Of the jail. Near the
door Of the Jail was ''trusty" named Mar
phy. who was doing some cleaning no
Milford made q sudden spring and kicked
O, struck At Murphy anu then grabbed
Tailor Cuskelly. Deputy GHbisch thrust
stone hurriedly into be corridor and thea
Jumped at Milford and slruck him IN ths
face. making bin release bis hold. Mil
ford still showed fight. but Gaoisch caught
hold Of him and forced him into one Of the
dungeons beneath ths Jail. IL Is not known
what Milford's object wac unless 10 was 10
grab the iailor's keys and gan aud make
break for liberty. Stone took no part IN
the struggle.