The Helena independent., 1894-12-19
SEVERAL SURPRISES.
They Are Sprung During the Trial OF Charles
Jones In the United States
Court.
FROM A PEN TO A WITNESS srANl
Jimmy Moots Given a Pardon in Order TO
Testib,Jones Closes In His
Own Behalf.

NNN @NNNeaH
There were several surprises in the
Jones murder trial, I'm the United States
court, yesterday. In the first place. the
prosecution brought In Jimmy Moots.
the young man who ran across the
gang OF train pbbers on the Blackfoot
reservation, and who. on Jones' former
ttlaL turned states evidence and gave
testimony against the prisoner which
secured conviction. In consideration OF
this fact, Moots was allowed to plead
guilty TO manslaughter lie received a
sentence OF two years In the penlten-
ti0ry Under the laws OF this ana al
most every othcr state a cOnvlct's tes-
timouy cannot have any weight with
the jury, knowing this and knowing
also that Moots' testimony was impor.
tant District Attorney Leslie secured
from President Cleveland pardon for
the young man, This pardon has been
held In reserve for some time. awaiting
the trial, as It was feared IL il were
used too soon Moots might take ad-
vantage of his opportunity and leave
the country.
The defense was not altogether un-
prepared for such n move. but when
Moots was called 10 the stand yester.
day. Attorneys Barrows and Russell
protested vigorously against his being
allowed TO testify. on the ground that
he was a convict. The district attorney
then produced the pardon, and Moots
was allowed to testify. He told practl-
cally the same story as he had at the
former trial. the most damaging part
being an admission by Sam Shermer
that the gang had robbed a train on
the Northern Pacific, and one by Jones
after the fight at the cabin ON Two
Medicine, that he had shot white man
and thought he had killed him sher-
mer had also given Moots the watch
that was taken from Conductor Rapalje
at the time Of the robbery. While Civ
ing his evidence Moots looked In every
other direction except at Jones, and
when the cross-eXamination was
through he hurriedly left the court
room.
Another surprise was the testimony
OF Frank Munroe. a Cree Indian who
had been with Marshal Jackson and
his posse at the time OF the fight. Mon
roe's testimony was mainly important
as showing who were the aggressors
In the fight, He said that when the
posse approached the cabin Jackson
called 10 the men inside TO throw up
their hands The firing began at once,
and. as Monroe remembered IL, the
posse shot first Some one in the cabin
called out To stop shooting as they
wanted 10 surrender. The shooting
stopped, but was almost Immediately
resumed and IL was then that IN In
dian. Little Dog, and the white man.
Schubert. were hit. Everybody th n
ran to cover. Monroe does not speak
| English and his testimony was Eivon
| through the interpreter. William Jack
son. He was the first witness for the
| defense.
Ike Hamburger, who was stenogra.
pher OF the court last January was put
on the stand by the defense 10 tell of the
evidence Eiven by Deputy Marshal
jackson on the former trial This Wos
with the view of showing thut there
were some pei ts of difference between
his testimony thcn and that On the for
NOR trial The prosecution objected At
FIRST TO The steno gropher reading from
hi notes, though willing that he should
refresh his memory from thcm. The
witness protested that he had no rec
objection OF the evidence on the former
trial apart from HIS notes, and Judge
Knowles was inclined 10 exclude tn
testimony when the prosecution sud
denly Withdrew it's objectio7e The diff
ferenccs shown were mainly as TO the
position Of the man IaC ksOn said he
saw in the cabin. and as 10 how lar he
JacksOn) stood from the place at the
time of the engagement.
The third surprise was when the de-
fense put Charles Jones on the stand
and questioned him about the occur
rences at the cabin on oct. 3. 1873.
Jones said they were about finishing
breakfast that morning, and he and
Moots had intended going for the
horses Moots had gotten through eat
ing and looked out of the cabin when
he exclaimed. See there, the men rum
ming toward u.s. Then came an order
from outside TO Hold up your hands ~
IL was followed by volley, Up To that
time there had been no firing from the
cabin Shermer called 10 those outside 10
stop firing. The shooting stopped
shermer and he then started 10 go out
when a shot came from Duck Head. the
indian. Shermer jumped back with the
remark: I'VE may as well die hght,
ing: they mean "a Kill us anyway
Jones says he had his pistol and took
shot al Duck Head, The others In
the cabin grabbed their guns and be-
gan firing. while Jones said he took an
axe and began digging under the logs
to make an opening for the party 70
escape by. Jones denied seeing JACK
son. or knowing Schubert or anyone
else I'm the posse. He said he had no
malice toward anyone on the OUTSIDE
tIe also denied telling Moots that he
mad shot a white man. The prosecution
did not cross-examlne Jones, and the
defense announced that the case whs
| through for that side. Jones was mol
put on the stand at the former trial,
Judge Knowles said he would not nave
the arguments begin until THIS morn
! Ing owing 10 the lateness OF lhe hpur