The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-06
THE ONARHEIM CASE.
What Judge Winston Has to Say on the
subject.

To the Editor of the Standard:
Inotice in the STANDARD this morning that
Justice of the Peace Mahan has decided that he
viii suspend sentence in the buchanan case.
This is surprise TO me ana Will no uouot pe o, a
surprise to this community: Ihat man can
plead guilty to an assault and battery, anu then
get off on the grounds that the evidence does
not Justify the justice in melting out PUNISH,
ment will be something new to lawyers as well
as laymen. Ordinarily when deiendanG
pleads guilty TO u charge. the only thlng the
court has to do is to pass sentence on nm
But here we have new practice The court
saws the evidence does not show but what
Onarheim might have received his injuries by
falling down the stairs. ms VIII slrlhe INC
duiiest person as being extremely funny, in
view of the fact that Buchanan plead gullty 10
having inflicted the injuries received Oy omar
helm The Justice had no right TO hear the de-
PENDANT in the matter after his plea or gullty.
lie might as wei refuse to accept plea OF not
guilty and go into the trial OF the case omar is
helm was asked to testify IN order that the JUS
tee might be apprised or the extent OF the IN.
iures received, and have some knowledge OF
the aggravated nature OF the assault ana pat
tiyely that he was struck by buchanan before
he laid a hand on Buchanan. -
Buchanan was fist charged before Pollce
Magistrate Rockwell with having made an as
sault with a deadly weapon on Onarheim, on
the superstition that no man could nave lnnlcted
the Injuries received BY Onarkelm with any
thing else but weapon of some kind. ON the
examination the state was not able 10 prove
that any weapon was used. so that the attorney
for the state could not conscientlously ask thaI
the defendant be bound over, and thus nut the
state to the expense of q trial in the district
court with no hone Of securing convection on
such charge. This charge was dismissed by
Judge Rockwell and charge or assault ana
bat cry was made against Buchanan. The de
fendant took a change of venue from Rockwell:
court to Nahan's. Here the state demanded a
trial by Jury, the defendant having waived it
The defendant objected to the state having q
trial by Jury, but the justice allowed the de
mand Of the state. AS soon as the defendant
found that the state had been granted jur!
trial he goes before the justice and pleads guilt!
To the charge When Onarheim testified as be
fore mentioned, in order that the justice NIGH
arrive at a just judgment In the case, the attor
ney for the state was present, but he had no In
timation that Buchanan was TO testify, or tina
he had testified until he saw the statement II
the STANDARD this morning.
IL one man can beat another into a state o
unconsciOusness, break the bones OF the nos'
and cheeks, plead guilty to having done It, anC
then 20 free, we might as well abolish on
Justice courts, discharge our police, and lie
every man look out for himself.
The ofiense of which Buchanan was charges
outraged this community, and the Judgment o
the Justice In this case has increased that oul
rage many times. The states attorney Ia
done every thing In his power TO secure cor
yiction and Just Judgment in this case, and dis
claims any Responsibility for the action OF tn
Justice in this matter.
GEORGE b WINSTON
Assistant County Attorney Deer Lodge County
Anaconda Mont, Jan. 8, 1895.