The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-29
HAUPT ESCAPES AGAIN
His Sure Thing Glm3 Has Another
LsaSa OF Life.
WANTED----AN INDICTMENT
Uncle Sans Officials Seem Unab. Q
to Get One Up CorrectIy-Judge
Knowles Warning to Mr..
Haupt.

BUTTE, March 2S.-Once more the gov
eminent failed to make out case against
| Henry l.. Haupt, the promoter of the sure
| thing game known as the Montana Min
ing, Loan & Investment company. and
the case against him was this morning
dismissed by Judge Knowles in the
United States court on the ground that
the indictment was faulty. All the testi-
mony had been introduced and the argu-
ments were in progress and there was a
general belief that Haupt would at last be
convicted, but it was not to be. When
court opened this morning and Mr.. Hall
dorm was about to proceed with his adj
dress to the jury, Judge Knowles said that
he had been examing the indictment and
was very much in doubt that a conviction
under it would hold.
Il am at a river" said the Judge. "and
don't see way of getting across. If the
district attorney can ferry me safely
across | shall be very glad"
The court then read the indictment and
commented on the different allegations
contained in it. 1t alleged n fraudulent
use of the mails and referred TO Haupt's
devise for defrauding but failed to set up
the scheme or any particulars or facts
concerning it. The judge considered that
a fatal defect and he said he did not want
to 60 on with the trial and have it result
in an acquittal or disagreement of a jury,
and he did not want to see a conviction
that did not hold good.
Assistant Attorney shelton, who, by the
way, had nothing to do with drawing the
defective indictment, made a strong and
lucid argument in support of il. and said
that il the court was satisfied that the iu-
dictment was not good ho would ask
leave to enter a nolle that the case
might again be presented TO the grand
jury. Htt
Mr. .Haldorn made n vigorous protest
against a no lie and said that the defend
ant was entitled TO a formal acquittal and
ask ed the court to instruct the jury to re-
turn verdict of not guilty. The court,
however, had heard too much of the evi-
dencc TO do anything of the kind, and
granted MIR. Shelton leave TO dismiss the
case, which was done, and the defendant
scharged. The point upon which the
case was dismissed had never been raised
by The defendants attorneys and they are
therefore entitled to no blame or credit.
for the result of the trial. r-at
This makes the fifth indictment against
Haupt that resulted in the same way and
the judge remarked that he hoped the
next one, if ano Their should be returned,
would be drawn so that it would stick. He
believed that Haupt was gully, that he
was conducting "A fraudulent scheme aud
that the jury would have been justified in
finding verdict of guilty under the evil
dcnce. -
In former cases where Haupt's agents
were turned loose in different parts of the
country because the government failed to
make criminal charges stick against them.
Haupt used the facts in his circulars Us an
argument that his game was not an un-o
lawful one. Judge Knowles warned hisn-
not to use his dismissal in this case in
that way and told him not to represent
that the court decided IN his favor.
Mr.. Shelton states that the government
is not through with Haupt yet, and that it
would keep after him until it got him
where he ought to be.
In the counterfeiting cases against Nell
son and Currier, Judge Knowles this
morning overruled the motion to quash
the indictments and the defendants at
torneys. John Lindsay and John Il. Bald
VIII, filled demurrers on the 81 ound that the
indictments were ambiguous and unin-
telligible and did not state facts sufficient
to constitute a public offense. The de-
murrers we're continued for hearing until
the next term of court, and Nelson's bond
was reduced to $3.50 and Curriers' to 81 900.
In the Frost damage suit against the
Oregon Short Line and Utah Northern. the
court ordered judgment for the $4,000 TO
be entered. and required the defendant to
give n bond for 10 per cent. in addition TO
the amount of the judgment on a stay of
execution pending an appeal.
Judge Knowles this afternoon granted
permission TO an attorney representing
one j. w. Shook to bring a suit in the dis
trict court of Beaverhead county against
the receivers of the Union Pacific for 1906,
the value of eight head of cattle killed in
Ryan's canyon by n passenger train on
the Oregon Short Limo early in January
1t is alleged that the road was not fenced
in as required by law.
The United States court this afternoon
adjourned for the term. The next term
will begin in September.
Every man. woman and child should
Efn.pni,l "a, L. A.