The Madisonian. (Virginia City, Mont.) 1873-1915, 1896-02-08
jim H0W'S TR oUaL.S.
Adjudged entity by the naccabee
K0 1garOO Court.

The trial Of ]. B. How came up for
hearing before his honor, l.. d. Hall.
supreme and irresponsible judge Of the
Maccabee tent, Thursday evening. The
state was represented by Lew. l.. Gala
way, Kangaroo prosecutor, and w. w.
Chiefly, assistant, and the'defendant by
his counsel, Leroy Southmayd, Henry
Filing and G.. w. Mead. After the
jury, consisting of James Summers,
Jack Lavelle, Oscar Fenner, Frank
Fouts, John King, and E.. D. Hart
we're finally selected by the sitting
process, the following oath was admin
istered:
You do solemnly swear that you will
well and truly try the issues wherein
Fairweather Tent, No. II is plaintiff,
and Jim How is defendant, and that
after you have heard the evidence of
the respective parties, you will convict
the defendant"
The information was then read.
charging the defendant with all man
ner OF unmcutiOnable Otfenses and par
ticularly with being the most ire
pressible kicker extant. TO this a
demurrer was entered, and the demurrer
overruled, the judge stating hat any
thing hal might weaken the state's
case would promptly be sat down upon.
This raised the ire OF DR.. %SOuthmayd.
and he moved for a change of venue 70
Judge Callahan. the Bum. of Butte.
His Honor informed the wrathfui
attorney that the only other court OF
competent jurisdiction was that OF
Judge Callahan, the Bum, and as Cal
lahan was now out of jail, and his
court therefore not in session. nc
change could be granted.
The oath administered to the wit
nesses was as follows:
You do solemnly sw ear that you
will tell the truth, the whole truth.
and as much more as may be necessary
to convict the defendant"
I. Il. French, Dennis Mahagan an6
M. b. Mclean testified to various de.
fects in the defendants character. BY
these the prosecution proved that the
defendants brilliant army record o.
which he is so proud and parades with
SO much buster on national HOLIDAYS
is based on the fact that he served three
months in the st. Louis home guards
during the war, and that he has beer
trying to get a pension ever since; 9th
and more grave otfenses we're proven
which we withhold by the counts or
der. Under the merciless fire of eros.
examination by the defense, led b,
DR.. Southmayd, these witnesses reiter
ated their statements without getting
very badly tangled up, except, perhaps
in half a dozen or more instances.
This closed the state for the case ant
Attorney Filing moved that the defen
dant be dismissed. The motion wa,
overruled, the Judge stating that h,
was elected with the understandings
that he would convict the defendant
and this he proposed to do ever though
he would 0 the heaven and eartl
in so doing.
The defense opened by calling Mart,
Mclean to prove the insanity OF the defend
ant; the necessity for such proof was r.
moved by Prosecutor Galloway admittin
that the defendant was as crazy AS tn
whole OF Warm Springs.
J.S. Dewitt, Eugene Chiefly and =. II
Gohn were called to prove the defendant
good character. During his cross eXamil
alton witness Gohn admitted that he 9TH
witness) was not a man of his word: that b
had recently violated an an,.coxey agree
ment; Dan Callahan also testified and seye]
al dispositions were offered in evidence.
The case was submitted to the jury with
out argument. The jury deliberated abou
two MINUTES, finding the defendant guilt
as charged. Judge Hall tined the detenC
> ant a box of cigars. He also fined ali al
| torneys in the case % cents each on gener;
principles, and instructed Sheriff Kraeme
and Clerk Powell to see that all fines wer
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