The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-15
ZONES IS IN BIG LUCK
He's Guilty of Petty Larceny in Steal
ing Ore From a Train.
THE STATES STRONG EFFORT
Some Exciting Tits Between At
torneys-All About the Value of
Ore in Butte-He VIII Be
Sentenced Monday.


ing wife and toddling baby, who were
exhibited in the court room during the
trial of the thief, had the desired effect
on the jury. and the fellow was found
guilty only of petty larceny for which
ne will be required to serve only a
short term in the county Jail. Jones
was implicated with Frank Smith and
John Kenna in stealing ore from the
Anaconda train. Smith and henna
pleaded guilty a few days ago and Will
he sentenced this morning. Jones also
confessed his crime. but claimed that
he did not steal enough ore To make 1t
a case of larceny in the first degree or
grand larceny The trial was marked
by a number of tits between the attor-
neys and the court and was in other
respects rather exciting. County At
torney Wines and Deputy Booth pros
ecuted the case, and Jones was repre-
scented by Attorneys Jackson and New
ton The jury was composed Of James
Shackleton. j. A. Murray, Pat Cos
grove. Joseph Shakleton, \. A. Ear
hart. j. b. Henry, Hugh J. Wilson, W.
J.. Sherman, James Bucl,ley, John VIII
ton. w. y. Boyer and Ephriam Eeer.
The only question involved in the
trial was as to the value of the ore
stole it, The states attorneys claimed
that Jones was a chronic petty larceny
thief. but that ne was cute enough not
TO steal sufficient to get him into the
penitentiary To be q penitentiary Of
Tense the value OF the property stolen
must be more than $50. When arrest
ed Jones had $500 pounds Of ore. The
assay value of it was $3.50. The state
proved that the actual cost of reduc-
ing the ore was 81 ton or 1924 for the
1920 pounds. and that transportation
charges on the ore from Rocker, where
it was stolen, TO the Anaconda smelter
would be about 40 cents leaving the
net value Of the ore at SOL III or $l.2l
inside the grand larceny limit.
City Detective Meiklejohn was the
first witness for the prosecution and
testified that with officer Henry Wey
he went to Rocker on the evening of
Dec. "A for the purpose of watching the
ore thieves. They left Rocker about s
O'Clock and walked own the road to a
point where some ore cars were stand
ing and saw several men employed in
throwing off ore. The officers craWlcd
along on their hands and knees until
they got close enough TO the thieves
10 recognize them. one was Jones.
The officers found one sack of ore and
moved ii away some distance to the
other side OF the track and then watch
ed the men until they got through with
their work and came back to look for
the sack OF ore. which. they had some
trouble in finding. When they did find
it they took II further down the track
10 whore they had some ore and then
brought up a team and loaded IL on a
sled and drove off. The load was heavy
and after they had gone for some dis
1ance they unloaded some Of the ore.
McikletOhn and Wey followed the
thieves as far as the Centennial brew
cry, near South Butte officers in
South Butte were notified and watched I
Jones and his partners drive up to the F,
formers house and unload the sacks Of /
ore \ few days later he was arrested. /
but denied that he had any ore around |
the premises. After a long search the |
officers found the stolen stuff In dug /
out under the barn, the trap-door I
leading TO which had been covered /
with a boXful Of bran.
a. II. Rombauer. assayer for the /
Montana Sampling works who assaycd |
the stolen ore. was the next witness.
and Testified that IL went D. per cent.
copper and 20 ounces IN silver. making
the total value $5G.S5. In arriving at
the value of the ore the witness used f
the New York quotations on tho price
Of copper and silver on Dec. "a The
defense tried 20 find ont from the Wit
ness the market value of the ore in
Silver Bow county cor what the ore
would be worth at The smclters Mr..
Wines objected and a heated argument
followed. lie maintained that the price
paid by the smclt'r~ ON speculative
basis did not establish the value of the /
ore. but that the actual value was its I
worth after The costs Of reduction were /
taken out. Lawyer Newton. with his
methods of argument.
designated Mr.. Wines' contentious rs
ridiculous. absurd and
- forth. He claimed that The real
value was what thr ore could be eald
Tor IN Butte. Judge SIcer was at first
inclined IN favor of the views Of Law .
yer Newton. but finally ruled i'm favor
Of the state. In continuing his tgstf-
nony the witness said he knew of no
market value in Butte for silver and
copper, hut that they were worth more
here than in New York. lie said the
Anaconda company could extract the
metals from the ore at cost ~ 81 a
ton. The defense moved % strike out
all Of Romhauer's testimony on the
ground that Il did not oatlbIfzA the
market value Of ore In silver Bow
county but the motion was oyr~ruled
Mr.. Wines tried to show the value If
the copper but tho court ruled the tas-
.im0ny out as the witness could only
testify a. % what his company got for
upper.
Does your company pay tho market
price pf ore asked Mr. Newton
The states attorney objected on the
sround that the evidence as 10 what
me company paid did not establish n
market value. The objection was over
'uled and the witness said ne ala NOT
know anything about a market price i'm
Butte. W. ". Adams also testified as
o the value Of the ore ana Henry Ayav
gave an account Of the discovery ana
.rrest Of the thieves. He said thar
While they were watching them. ZONES
TODD on an ore car and an engine came
long and the light from the headlight
vas thrown on Jones. He was plainly
cen and easily identified He iumrga
N the side of the car and said 10 ono
4 his partners. oh. amt afraid of
hem railroad men The officers
watched the men until about I o'clscl,
nd then followed them Go South Butt.
i've days later several officers fucluH- .
Ia ri L.