The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-23
HENRY IS ACQUITTED
That He Stole Standards Was
Not Proved.
SO THE SIX JURYMEN SAID
The Lawyers Fight a Legal Battle
Enjoyed by Spectators The
Testimony Was Conflicting
compliments In Court.

YESTERDAY IN
and acquitted of the charge. Inc only
positive evidence against him was
that of officer DUANE, who could not
say that he saw the lad take the papers
and did testify that none were founu
in his possession when he was arrested.
The jury consisted of ]. n. LeVen-
good, A. Fortier, T. s. Zette, I. {. Da-
wilson, b. Radefeld and Fred Gagnon.
Some time was spent by the attor-
news j. r. Boarman, for the defense,
and G. b. Winston, for the state, In
getting a jury. Several were lacking
on the property qualification. Every
one testified that he either took the
Standard or read 1t and Mr. Boarman
was afraid that the article published
at the time his client was arrested
might have prejudiced them, but each
one declared himself perfectly I'M
biased I'm mind and willing to be gov
erned by the evidence.
When the jury had been secured
Special officer Duane was placed upon
the stand and testified to the events
of that morning. He had been detail
ed by Chief White to watch the houses
on Oak street which had been losing
their papers. He had stood at the cor
ner of Oak and Fifth streets, on ID.
Cohen's porch, in the dark. He saw
the boy come out of the gate of the
house at 400 Oak street and walk up
towards Fifth street. He stopped at
DR.. Rockefeller's gate and also at DIR.
Leiser's gate. where the paper boxes
are. He turned back and was going
into his own house when the witness
ran down the street and called to him.
When the officer came up to the boy
he accused him of stealing the papers,
but the boy denied 1t, and they went
up to DR.. Leiser's box together and
there was no paper there. Searched
the prisoner but found no papers on
III hut oY1 ran N
the corner of DIR. Rockefeller's yard
and one in the yard at 400 Oak street,
close to where Brown stood when the
witness stopped him on his way into
the house He also testified that
Brown told him when he was arrested
that he was in the habit of going to
those boxes.
The cross-examination by Attorney
Boarman was rigid and on the sarcas-
tic order.
DR.. Lesser told how he had been
missing his paper regularly for week
or more and that on that morning his
paper was gone. He did not know
anything about why they were not re-
ceived.
Mailing Clerk Martz told about
marking the papers for Oak street with
blue pencil in the left-hand corner OF
the first page. similar to the copies
found by the police.
DIR. Leisers paper in the box on the
gate
Circulator Healy gave evidence as to
the market price of the Standard, but
added that its intrinsic worth to a man
before breakfast is much more than
the price asked for it.
The state rested and II being nearly
supper time, a recess was taken to
1880 O'Clock, Judge Fitzgerald caution
ing the jury not 30 discuss the case
with anyone during the adjournment.
The evening session opened prompt
ly at the time appointed and the de-
PENDANT was placed on the stand. He
is a boy of II or Is years of age. prob
ably, and told his story in a straight
forward way. Name is Henry Brown;
live with Mr.. and Mrs. Dennie, on Oak
street. and came here from Huron
county. Ontario. Witness said he left
the house, 400 Oak street, on this morn
ing to go feed Mr.. DENIES horses.
which are kept between Third and
Fourth streets. When / was in front
Of DIR. Rockefellers / thought / heard
some one call me and I stopped to lis
ten, and when i got to Dr. Leiser's I
happened to think had forgotten the
key to the stable and was going back
after II when the officer came to me.
half way from the gate to the door of
the house. / told him l had no papers
and had not taken any. / did not say
TO him that i was in the habit OF go
ing 10 those boxes every day. / told
him / was in the habit OF passing pa
per boxes every day and had never
taken any papers from them"
on crOss-eXamination by Attorney
Winston the defendant said he did not
know what street the stable is on, but
IL is in the alley back of the library.
He did not have to go out towards
Fifth street past DIR. Leisers to go to
the barn, but did so because 1t was
dark and for walk. He did not want
10 get 10 the barn until daylight
Mr. and Mrs. Richard Dennie told
the court that Harry Brown was an
orphan from London, England. They
did not know his parentage. He had
lived with them for eight years and
was an industrious, honest boy, who
always stayed at home nights and was
like a son TO them.
Mr.. Boarman had several things which
he offered 10 prove, but they were OBJ
1ected TO and ruled out as immaterial
He wanted TO show that the prosecutor
was the Standard and that IL was actu-
ated by animus, but he was cut short by
the Information from Winston that the
state of Montana is the plaintiff
The case was then closed and ATTORNEY
winston reviewd the evidence for the
state without making any argument.
leaving the matter in the jury's hands.
Lawyer Boarman made an eloquent
plea for his client. declaring that there
was no evidence against him. his own
positive denial and his good character be-
ing in his favor
While there might be-" he said "a
dinerence or opinion as to the value of
the Standard. he himself would bear tes-
timony TO its worth. Anaconda has rea
son TO be proud Of her paper, The Giant
Of the Rockies, which. though making its
bone in this city the Standard has in
vaded fields never dreamed of by its COM
petitors and is read in every hamlet of
tbls state In the cities on the Sound and
elsewhere II is welcomed as one of the
brightest, best. newsiest papers ever
printed or read in the Northwest The
subscriber who fails TO receive IL every
morning is justly put out and righteously
angry, but In this case. gentlemen OF the