The Anaconda standard., 1895-12-14
Butte Department.

the hide of every animal slaughtered
since that date. He denied everything
the state witnesses testified to and
concluded his direct testimony by say
ing he had never before been arrested
on any charge.
The cross-examination was conduct
ed by J. l.. Wines and he asked Ben
ham when he first learned that the
states witnesses would testify that he
was seen driving cattle through Wood
vile on Sept. 10, and the witness de-
clared that he never knew IL until the
trial had commenced on Thursday, al
though he admitted in the next answer
that he frequently talked with Mr..
Crangle after his arrest, concerning
his whereabouts on the 18th. He said
he talked about IL so that he could
prove where he was all that month IL
he were accused OF stealing the cattle.
One of the circumstances related to
prove that he was at home on the 18th
was that a horse stepped In some
manure and IL made a Mr.. Jordan mad.
In testifying about his Sunday trip to
Strasse's ranch he said the distance
was about 16 miles. He left Butte at
half past IL o'clock, made three differ
ent purchases of cattle. visited several
ranches. where he was unable to OBJ
tain any cattle and returned to Butte
32 miles. and transacted all the busi-
ness in three hours and half. The
following day. when he went after the
cattle he also left Butte at 1880 o'clock
and returned to the city with the stock
by O'Clock in the evening.
Jasper oliver Jordan, a stockraiser.
testified that he was in Butte on Sept.
10 and saw Benham in the Union Meat
market and talked with him about sell
ing the firm some cattle and ate lunch
with him at his home that evening.
Jordan delivered some cattle to the
firm and the next day received check
for them. BY the date of that check
he fixed the day of his visit to the
market where he met Benham.
William Simpson Jenkins, cattle
buyer for Crangle & Broderick, the
firm with which 3enham is connected,
was with Jordan on the 18th and sub
stantiated his testimony.
Louis Du Bois. shoptender for Gran
gle & Broderick. testified to Benham's
presence in the shop on the 18th and
the fact that he made certain entries
| offered in evidence and admitted by
the court.
L. ]. Crangle testified that Benham
| has been working for wages since
Sept 8. on which date the firm of
| Crangle a. Broderick started business
! The witness corroborated previous
witnesses in regard to Benham's pres
ence in Butte on the 18th. the day he
was alleged to have been seen driving
the stolen cattle through Woodville.
| william Strasse and a milkman
| named Romaniski testified that they
sold cattle to Benham on the 22nd and
on the 23rd he came out to get them
John Riley, an 1S-year-old boy, who
| accompanied Benham when he went
| oft he
about the date and corroborated Mr.
| Benhams testimony about the trip
At the conclusion of Riley's testimony
Mr.. Booth got up and said he desired
to make a statement for the prosecu'
tion. He said he did not think that the
court or the prosecuting attorney haC
any desire to prosecute any man for 6
criminal offense unless the testimony
and the facts warranted a conviction
This case he said, presented som'
peculiar features. When the case wal
first presented to the county attorneys
Office there was some hesitation abou
filing an information against the de
fendant, and when. at the preliminar,
hearing the defense declined to intro
duce any testimony. the state had M
alternative but to file an information
II the defense had presented at thu
preliminary the evidence IL presented
at this trial the case would never hav'
been brought TO the district court. Mr.
Booth said that certainly no conviction
could be sustained on the testimon.
introduced in the case, and the defend
ant is not only entitled to a verdict o
not guilty. but IL is due to him tina
the verdict should be given on reques
of the county attorney, and the cour
was therefore asked to instruct tn
jury to return a verdict of not guilty
This instruction will be given" SAT-
the court and a blank form of verdic
which was being prepared by Mr.. Cot
ter while Booth was talking, wa
handed to the jury and by them signed
When the verdict of mot guilty" wa
read by the clerk. the defendant brok
down and cried. while his wife an
little girl hugged and kissed him. TIL
defense had about a dozen more wit
nesses to examine when Mr.. Boot
stopped the trial, and II is alleged tina
IL the proceedings had been permitte
to proceed they would have presente
some startling testimony before the
got through and perhaps have show
who did get away with Hughes her
of cattle.