The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-07-10
ON FRIDAY. The 18th
1 Combination That's IlShty Ullltly
for Tvo Iufdofels
BOTH MUST SURELY HANG
The Supreme Court Finds No MsPiS
In the Appeal for Q New Trial
In the Field Cass-JudG.
mont Affirmed.


Special Dispatch to the Standard
HELENA. July 9.-Thero will be two hang.
ings on July i3. one at Fort Benton and
the other at Livingston, unless there 10
further interference. The supreme court
this morning in passing upon the Andsr.
son alias Field case from Livingston, says
that the decision Of tho court below was
unqusstionably correct In denying the ap-
plication for new trial, based on the
ground Of misconduct of Juror Rich. The
court also says that tho expression used
by Rich-''if that man sets . new trial and
10 turned loose he shall never get out Of
this town alive; will shoot him down
with my own hand like dog"-was made
after the verdict was rendered, and thas
this ground for new trial was properly
overruled. The expressions alleged to have
been made by Juror Rich before the trial,
showing prejudice against Field, we're al.
30 mado grounds for new trial. but
properly ovsrrulsd. says the court. These
expressions were sworn 10 In afildavits
made by W. Altimus and II. II. Ash,
which the supreme court says were ex-
parte. and % Rife has beeu absent from
the county hs hes had no opportunity to
reply. and in the haste Of making this mo-
tion for . new trial he could not b
reached. Newly discovered evidence Was
also set up rs ground for q new trial.
William Mortimer testified upon tho trial
that he and the defendant, Field, together
killed the deceased. and described 10 In
great detail. Tho court says the affidavit
of George b. Scott on the motion for .
new trial as newly discovered evidence 10
nothing more than an attempted impeach-
mcnt Of Charles Atkins, Fields own Wit.
ness. IN respect to Atkins statement that
his only information Of the murder ON
that night was from Field. A to Morti-
mcr's confession, the court says u fesls
wholly justified In saying that all the
facts, details. circumstances and the vast
minutia Of the case, are entirely consist.
cnt with tho truth of Mortimer's tssti.
mony on tho trial that he and Field killed
Fleming.
"The moro ws analyse the case The
stronger grows tho confirmation Of this
vicw," says the court. ''On the other hand,
tho facts. details. circumstances and
minutiae nro totally Inconsistent with the
AZ Upon this point the court states 10
OOcs uot uesttato W say tust " couuos otes
turb Judge Hsnry's decision. and that u
q now trial 10 to be granted on such .
showing. thers 10 nothing to peevsns
Mortimer from playing battlsdors and
shuttlecock with the Field case for ell
time. The court orders that the Judgment
OF tho district court be carried into sxseu.
tiou, - provided in section ~ Of The
criminal practice act. The opinion b
type-written on Is pages, and 10 BY Judge
Dewitt.
In the Osnss case from Fort Benton tn
opinion ID by Chief Justice Psmbsston.
Tho lower court 10 affirmed. Tho court
says there 10 no complaint thai the svi.
dcnce a. whole docs not warrant the
verdict Of the jury. Tho errors assisnsd
are said to be purely technical and with.
out substantial merit.