The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-10
hoois Gives Important testimony
for the Prosecution In the
Jones Trial.
The Story OF the Hsldup. the
Pursuit and the Final
Capture.
All the Evidence for the Government In
and the Defsass wiil Begin This
Morning.

court adjourned In the Afternoon IN,
prosecution had finished its presentation
of testimony. Five Of the special venirI
had been called and excused. The sixth
man was Geo. II. Kennedy aud he was 40
oeptAbls 20 both sides, ard this compls,eC
the jury. The twelve men Who are 10 pas
on the question Of Jones' eailt are a. fol
lows
Elisha Posd, miner; W. ID. Smith, trans
portation; VIM. Steele. Jr.. merchants !. b
Sanford. merchants II. @. Ssutensy. clerk
John Stewart. MINER n. l.. Jaequsmin
merchants Charles II. Sanders, merchant
r. W. PiRott bookkssper; 1hos. L. Cool
win, real estate; N. II. Ruplsy. publisher
George II. Kennedy, miner.
The story az brought out by the witnessed
for the prosecution was that Of the train
robbery on the Northern Pacific last Az
gust and the pursuit and final running
down OF the men who were alleged 10 have
he'd no the express. Tue story was mol
gone into in detail. the witnesses only be-
ing Questioned on such points ss the tive
siles thought necessary 90 their respective
cases. just beforo the close Of the day.
however. the prosecution sprung quite q
surprise by putting James Moots on the
stand. Moots vas with the hunted men on
ths BlAckfoot reservation. and be 10 also
charged with the same crime as Jones. tina,
Of the killing of Henry Schubert. one Of abe
posse near MidvAls. Moots was for
a long tins Inclined 10 keep what he knew
20 himself. but finally consented 20 90 on
the stand for the prosecution. The main
thing proved by him was that Jones was In
che cabin on the day Deputy United States
Marshal Jackson and his Indian posse sur
prissd the supposed train robbers In their
camp near Midvale. on the Blaekfoot rsssf-
Vation; also that after the Bsn escaped
from there after the light Jones had made
admissions TO the effect that he thought he
had shot white man during the attack.
Up 10 this time the government had not
had any direct evidence of Jones' presence
In the cabin daring the fight. The
testimony of Moots established this fact.
The defense made q hRht against allowing
Moota 10 testify, on the ground that he was
an unwilling witness, being prisoner, and
y so that his statements might serve 10 in
criminate himself. Moots admitted that
he was a willing witness aud Judge
Knowles allowed his testimony TO 60 In, the
defense taking an exec ytion. l.. q. Rus
sci and John X. barrowa who represented
Jones, made quite q vigorous eight all the
y
of exceptions.
When the jurymsn had all been selected
and sworn. stephen Carpenter, who 10 as
sistinR District Attorney Weed, made the
opening argument for the prosecution.
He read the indictment and then went on
TO say that the prosecution eK tected 20
prove there was q warrant for Jones' arrest
for train robbery. and that be was tracked
20 log cabin on the BlAekfoot reservation
and located there on Oct. 3. Deputy Mar
shal Jackson secured the services Of POSSE,
mostly Indians. but including Henry Sehr-
bert. hey made a move on the cabin. and
some one 40 she cabin fred. Jackson an
nounosd that he Was q deputy marshal and
the men agreed TO sur ender. Soon after
tbs hring recommended and on both sides.
Schubert was shot In the side ana died of
his wound the same daY. The Government
expected 20 prove that when Jones surfen-
de ed be admitted that he had shot a white
man At the oabin and knew thsv wanted
him for train robbery, The defense re-
served its right 20 open until after the
proseoution was through. Ali witnesses
we're then excluded from the room and
brought in one by one as they we're 20 be
examined.
Conductor j. NJ. Rapaljs, OF the held M
Northern Naoiho express, was put on the
HtanG 90 Prove the offence for which Jones
was being hunted down. JudRe knowles
said he did not think 10 competent 10 do |
there was a wafrant out for Jones. Dia- |
tfict Alto ney Meed read number Of au- |
thorities 90 show that such evidence was |
ndmi sable TO prove the animus which |
prompted the killing. In California case
- was held that the act for which the erin |
inal was O. have been arrested conld be |
gone into IN order 10 show why he killed |
pursuing Office. The absence Of motive |
would make tins crime on,y granddaughter.
but when the accused was trying TO escape |
a.
an officer. 4. G. Russell, for the dofenss,
oontendsd that this was not the proper |
. lace 10 introduce such evidences. The |
hOldup, he held. could NOT be put In evil |
denee until II had been shown that Jones |
had been connected with II. JudRs |
knowles said that ~ this time IL would Be |
better TO prove the killing first.
Depaty Marshal sam Jackson was put on |
the stand 20 prove the killing. He said |
that a. the time he was deputy sheriff for /
several counties, and also deputy United 4
states marshal. though he had not taken
story OF the engagement between the al /
legged train robbers near Misvals on I've
N edicins creek and the posse he had gotten
Z ON the Blaokfoot reservation. The pssse
comprised seven Indians and Schubert
though they were Joined by a number OF |
stragglsrs. Jackson said be had located
The men on Oct. 2 and organized the posse
of Indians TO foliov. They found the men
In an old but the next morning and Ia was
a determined 20 make charge When
within about twenty feet Of the cabin the
one man (Jaok ChipmAn) Who was in sisht
Ina the cabin saw Jackson. 1he latter
called 10 the man to surrender, but Cain.
man replied With shot. jackson returned
Inc Gre and then the Indians bsRan dring.
Sol e one In the cabin called out 60 stop
firing. that they would surrender. Thsy
.sksd how thev would be treated IL thsy
gave up. and Jackson replied that they
Eould be treated like gentlemen. Before
my further talk could be had firing began
rom the cabin, The men shooting through
he chinka between the logs. ID was tken
hat Schubert was shot through the body
iud received his death wound, and i uck
Head. one of the Indians Was wounded.
Marshal Jackson drew q diagram OF the
ocation OF the shooting on the blackboard.
Jackson said from the wound
bat Schubert got he vas certain 10 was
made by ihG ball. He did not see Jones
Il she time Of the fight. and the Il % tins
ls did see the accused Was when Jones gave
himself up at ths section house on tue bth
Il Octobe Joaes had given his rife and
svolver 10 the eeetion boss. All Jones I
aid when he surrendered was 'von't you
ellovs ever stop following a man" Jones {
a the time evidently knew Jackson and
allied him bT mans.
On 0ss-fxr mination Jackson said there
Fas a warrant Tor the srrsst % TIE parties /
rho held up ,,as Northern Pacific e1presa.
ie did not 4, - the wsrfaut With him. how /
yer when ran across ths men IN tho {
abin nsafl ldvalo. lie said the fret Z
ropositioi ihe posse was % lie Ia uait :
or she me ~ come out. but Little Dog I !
aptain ~ Indian posas, want. a 10