The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-28
A Little Scene During the Proceed :
In the United States
Court
Col w. F. Sanders Undertakes 20
Contradict His Honor
Judge Knowles.
lie Il Warned Not 10 Repeat II Unless
ne waats 10 lie lined for
COntsmp.


court yeatsr iay which old AMI oIperisnoed
lawyers say Is unprecedented In the bis
tory Of courts In this state. The case Of
Will Hanks eI-president OF the Merchants
Nationsl bank Of Great Falls. charged
with misapplyinR the funds Of that institu-
ton, was called as soon As oourt opened.
The nrst question that came up was as TO
the bond given BY Hanks When she hrst
indictment was found last winter, bond
was given. subsequently, four other in
diotments we're returned one OF which was
intended 20 take the lace OF the frat. AZ
one Of the bondsmsn was away at the time,
the then district attorney. now Mayor
Weed, allowed the tond on the first indiet-
ment 20 remain, 40 as not 10 ineonvenisnce
the defendant by making him hunt no new
suTetiea. Judge Knowles held yesterday
that new band would have 10 bs given. as
the old one had been intsrlined, and be-
sides 10 aid not show that II was given TO
ensure Hanks presence TO answer for any
offsnss. IL stated that he was charged
with "wilful misapplicatiOn" Of funds, but
omitted TO state that the misapplioation
was with the intent 10 defraud.
I'VE will send for grammar aud q spell
one OF the counsel for the defense. and
draw mp bond that will meet the punotili-
Gus notions Of this court"
This IL the United States circuit court.
Col. Sanders" said Judge Knowles with
some warmth. "It looks As II you wanted
TO turn II into bear garden. don't pro-
pose you shall do So"
This was the hTst encounter, but 10 VS.
only the prelude TO what vas to follow.
On Thursday counsel for the defense had
given notice Of an application TO have the
case continued, one of the grounds being
that certain papers which the defendant
had been asked TO produce were either At
Great Falls or a. Maiden. When the Hurry
over the bond matter had subsidized Eester-
day the defense said they would not press
the matter Of coatinuanee. bat would 20 TO
triRl right away. Judge Knowles wanted
TO know whether or not the defense hal
those papers.
I'VE hAven't the papers," replied Col.
Sanders, ''and We doR't know when We will
get them"
District Alto nsy Leslie said BIO didn't
care TO proceed with the case without the
papers and Judge Knowles also announced
that be Wouldn't wish 10 have the case 60
10 trial without them. He would continue
u until Tuesday TO allow time to get the
papers here. II they we're not produced by
Tuesday he would allow the prosecution 10
offer secondary testimony as to their con
tents. Jadgs Knowles reoitsd the facts
about the proceedings the day before. In
doing which he stated that the defense had
said the papers in question we're al Great
Falls OF MAIDEN.
IFS MOI true" said Col. Sanders II
never made such q statement"
Il rely on my memory for what &C
cured" replied Judge Knowles with IN
fufiisd dignity. II don't say that 10 was
you who made the statement. But some
OF the attorneys for the defense did make
that statement in oren oouTt."
That IL not 90. exclaimed Sanders. II
differ ( ON the court"
This time the court was ruffisd. IF you
make Guch a statement again. Col. Sanders,
l shall be obliged TO fine you for contempt"
said Judge Knowles.
Col. Sanders did not repeat the remark.
He said. however, that rep esenting bis
client he would meet she issue about Abe
papo when IL came mp. Il know my
rights as an attorney" he added.
II d1n't think you know nythinR abou I
H." rstortsd Judge Knowles
As the defense made no statement as 10
Judge Knowles ordered the case TO 20 20
trial at once.
TIE counsel for defense elected 10 pro-
coed 10 trial first on what 10 known as the
burgess case. The selection OF jury then
b. gan. and occupied the balance of the
morning session and part of the afternoon.
FINALLY the entire panel was exhausted and
the Judge ordered a new one.'Rnd adjourned
court until MONDAY afternoon 10 allow
time TO summon the jurors.
Al the time OF ad ioarnment the following
eleven men were in the jury box: II. II.
Ashley. q. L. smith. ). G. Gilpatriok. J. J.
schmidt. W. j. HsrtWig c. II. Fortman.
q. \. Appleton. Martin Doty, Fed Sass. Il.
Al. Blaisdell and Henry Richter. Some Of
these may yet be excused.
District Attorney Leslie is assisted In the
by bis son. Je . h. Leslie. OF
Great Fans. Besides Co. SsnderS the
tense is tepressnted By Col. A. q. Botkin
and Thomas II. Carter.