The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-06
LAST OF TIE RIOT CASES.
The Charge Against william Ferguson
Dismissed

Dismissed.
| BUTTE, March 5.-The last case growing
out of the troubles of last Fourth of July
was settled this morning, when County
| Attorney Wines dismissed the charge of
| assault with intent to murder which has
been hanging over William Ferguson for
nearly year. Tho case had been set for
| trial to-day, but when court opened Mr..
| Wines presented a written statement to
the court in which he said:
The defendant is charged with the crime OF
| ssault with intent To Kill one William Page. the
assault beng alleged 10 have occurred on July
!. 1891. | pom the day in question the people of
| Butte were in highly excited and inhammable
conultlon giving rise 20 IA considerable number
OF disturbances aud ending in personal con
| flicts. Upon the trials OF other cases OF like
| character. alleged 10 have occurred upon said
| date the testimony was SO directly contradictory
| in its character that a conviction under the law
| OF reasonable doubt could In no event be pos
| Slbly expected
In the case In question, after a thorough and
| careful examination of the testimony, have de-
| termlned that it would be Impossible TO secure
conviction, and that Silver Bow county would
| be put to needless and useless expense
II this action should proceed to trial. After a
careful examination of the testimony | believe
the tact will show that at the time in question
several parties. including the defendant and the
complaining witness, one William Page. were in
| an animated and heated discussion which finally
eliminated in personal conflicts. The testi-
mony win show, whether true or not. that the
defendant was assaulted, and striking back
with revolver used as club, the same accl-
dentaly exploded, causing slight wound to
said Page. Ii will be shown by a prepOnder-
ance of testimony in at least so far as number
OF witnesses constitute preponderance, and
that In the light of this testimony, do believe
that " would be impossible TO secure a convic-
ton in this case. wherefore your o fficer re-
specially asks leave of this court That he be al
lowed TO enter a nolle prosequi in the above en-
titled acton and that the bond OF this defend
ant be eNOnerated.
The county attorney added a few words
to his written statement by stating that
there was a very general feeling that the
animosities growing out of the Fourth of
July troubles could best be quieted by dis
missing the case. He had had CONVEX
sation with Judge Naughten, the commit
ting magistrate, who heard all the testi-
mony at the preliminary trial, and it was
also his opinion that a conviction could
not be secured.
Judge Speer stated that he, too, had a
conversation with the committing magis-
trate and was convinced that a conviction
could not and should not bc secured on
the testimony, and that the proper dispo-
sitIon of the case was to dismiss it.
The court took occasion to remark that
some mon who should have been convicted
we're III ned loose, and il was not right to
try and convict man who should be dis
charged. He therefore dismissed the case
and ordered the defendants bond to be
exonerated.
As there were no other cases set for
trial this week the jury was excused until
next Monday morning. j. E. Open
heimer and A. Ducharme were let off from
further jury duty and a venire for six new
names was ordered issued.
An old city appeal case of j. w. Murphy
was ordered dismissed on motion of the
city attorney, and the cases of j. c. Cam
eron against p. St. Almond was ordered
dismissed as settled.
L., LII LII al,
William Campbell against George Robin
son was heard by the court and judgment
awarded the.defendant.
The setting of the new trial in the case
of Della Sullivan against Z. w. Bur-
roughs was vacated owing to the absence
of the defendant, who some time ago left
town in company with a concert hall
singer.