The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-18
SARCASM In COURT
Lawyers Harvey and Booth Engage
in Red hot Debate.
WILLIAM HOLLAND ON TRIAL
A Convict From the Pen Called Up
to Testify-The HoId-Up Case :.
10 Not Concluded-Argu-
ments To-Day.

| r. Williams IN holding up and robbing
Arthur Clark at the corner Of Mon
tana and Broadway on the night of
Nov. Z. was tried before a jury In
Judge Speer's court yesterday on the
charge of robbery. Williams pleaded
guilty last week and was sentenced
to five years. The naturalization of
Holland as one of the robbers was not
so positive as that of williams, and
he decided to stand trial. Thomas E.
Harvey appeared as his attorney and
the trial was one of the liveliest ever
held in Judge Speers court. Mr.. Har-
vey and Mr.. Booth were continually
accusing each other of making side
plays" to the jury and Mr.. Harvey
| found occasion frequently to call the
| attention of the court to "the conduct
| of the prosecuting attorney" and then
Mr.. Booth would retort with some
| biting sarcasm and the court would
| appeal loudly for order and ask for an
| opportunity to be heard.
After the jury was impaneled Ar
| thur Clark, the prosecuting witness,
testified that on the night OF Nov.
he was going home along West Broad
way, and when he reached Montana
street he met two men. They told him
to halt and showed a gun in his face
and then went through his pockets and
took his watch and rs cents in money.
The robbers then ran down Montana
street as far as Silver. There was
plenty of light so he could see the
robbers plainly. They were not mask
ed and he gave a description of them
to an officer, who made the arrest.
Clark went to the city jail the next
morning and readily identified Holland
as one of the men who held him up.
The officer who made the arrest, and
Frank Walker, who followed the men
g$ l.AII .ra@ ov.A
]. Medin was on the stand as witness
for the defense. Mr.. Harvey tried to
show by Mr.. Medin that the light at
the corner of Broadway and Montana
was not sufficient so that any man
could be recognized by 1t, but the
court ruled the testimony out.
w. F. Williams. who had been
brought from the penitentiary to testi-
fly, was next called to the stand. He
said he had pleaded guilty and thrown
himself on the mercy of the court.
WAS there another person with you
when you robbed Arthur Clarke" ask
ed Mr.. Harvey.
Yes. SIR"
WAS that person this defendant, Mr..
Holland?"
mo. SIR"
Had you ever known Mr.. Holland
prior to your arrest"
Eyes, sir; 1 knew him at Deer
How many times have you been
sentenced to the penitentiary?" asked
Mr.. Booth on cross-examination.
IT object, 1 object" cried Mr.. Har-
vey. The court overruled the objection
and Mr.. Harvey said he would like to
he heard.
IT need no argument on the ques-
tion," replied the court, for I have |
ruled on the question so often that l
don't belive you could present any
thing with which / am not now famil-
lar"
IF you could, II would not change |
my opinion"
Perhaps not
Proceed with this examination" &C.
manded the court.
How often have you been in the |
penitentiary before?" asked Mr.. Booth.
"Once before" answered the witness. |
when was that?"
IT was sent from Gallatin county for |
Jail breaking" |
You said you knew the defendant
at Deer Ledger"
Yes. sir" |
Were you serving time in the peni- |
Tertiary at the same timer"
IT object; / object" said Mr.. Har- |
vey, shaking one hand at the court and |
the other at Booth.
Mr.. Booth withdrew the question and |
Lodge, he had known Holland.
I'm the penitentiary," was the an
swer.
How long were you in the peniten-
tiary together?
The court sustained Mr.. Harvey's OBJ
II am onto Mr.. Booths racket" de-
clared Mr.. Harvey to the court, and /
then. turning to the prosecuting attor-
ney, added. and I want 20 show what
your methods are"
Thank. God, they are not like
yours" was Mr.. Booths rejoinder.
II have practiced law for 22 or %
years." said Mr.. Harvey, shaking his
finger at Mr.. Booth. land 1 need no ad-
vice from a kid"
longer before you'll know any law"
said Booth.
Proceed. gentlemen; proceed" said
the court
twenty-five years of practice would
teach you nothing" said Harvey. still
talking to Booth.
Gentlemen. proceed" said the court.
as he raped for order. This talking
between attorneys must cease"
Were you and the defendant in the
same corridor in jail?" asked Mr.. Booth
of the witness.
II object on the ground that Il is in
competent. irrelevant and impudent. In
view of the courts ruling" put In Mr..
Harvey.
Mr.. Booth kept on talking to the wit
ness and Mr.. Harvey talked to the |
court, and the court raped for order.
mr.. Harvey. will you please let the
court ruler" asked the judge. there is
no need of excitement"
II beg the courts pardon"
Mr.. Booth then explained to Mr.. Har-
vey that he had reference to the county
jail and not to the penitentiary. and
then Mr.. Harvey withdrew his objec-
ton. and after the witness answered
that he and Holland Were in the same
corridor of the county Jail before he
was removed to the penitentiary, he
was excused and turned over to the
sheriff to be returned TO Deer Lodge
and Mr.. Harvey announced that he had
no further testimony to offer. and court
adjourned for the day. The arguments
will be made this morning.
Holland is the fellow who was SEN
Aa..-.--A Ia. b.. L.