The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-29
KELLY THE CRATER
The 0ld-Timsr Is Sentenced to Two
Years in the Pen.
HE'S A PROGRESSIVE THIEF
Sheriff Hamilton Succeeds In Land
ing Cunningham. Hill and Mont
gomery In Miles City-Barnes
and Others Assigned to Cells.

gomery In Miles City-Barnes
and Others Assigned to Cells.
John Kelly, the old CRATER and the
first victim to fall under the cumula-
tive or progressive sentence act, was
yesterday morning sentenced to two
years in the penitentiary for stealing
a SIS blanket. Kelly had pleaded guilty
TO the charge and had also some
months ago been convicted of another
offense of petty larceny. When the
Judge asked the usual question, Kelly
replied that he had very few words
to say except that he was an old man
of Ga and that 1T was his first actual
experience as prisoner In the higher
court. He said he was disabled vet
eran of the rebellion and had been
waiting in Butte to get his pension ad-
justed which had been allowed him a
year and a half ago, but which was
being withheld from him unjustly. "All
i ask is that you have mercy on an I'M
fortunate man." concluded Kelly.
Judge Speer said that everybody had
a great deal of respect for a man who
had taken part in the defense of the
country at a time when the country
needed help, but he did not see what
relation patriotism bore to petty lar
ceny. While 1 have a great deal of
sympathy for old age" said the judge,
Il have reasons to believe that you are
an old timer in this business, but as
it is the first case of the kind to come
before me under the new law, j shall
let you off lightly and yet give you
such a sentence as will be a warning to
others of your kind" Kelly was then
sentenced to two years.
Sheriff Hamilton of Beaverhead coun-
ty returned from Miles City yesterday
where he had finally succeeded in land
ing the three young criminals, Cum
ning'ham, Hill and Montgomery. He kept
an Oregon boot" and a pair of hand
cuffs on Cunningham until their arrival
at the reform school. Before they had
reached Miles City Cunningham re-
quested the sheriff to take off the hand
cuffs and Mr.. Hamilton. remembering
the ease with which the young rascal
and his companions had slipped their
irons at Bozeman few days ago, told
| Cunningham to take them off himself.
You seem to be able to do bt quicker
| than / cam" said the sheriff. Just to
show the Beaverhead sheriff how easy
1T was the young thief pulled from the
| lining of his coat a piece of wire or
watch spring and inserted Ut in the
| handcuff and then with a slight jerk
| his hands were free. AS a reward for
the exhibition of the clever trick the
without cuffs the remainder of the
way. He then entertained Mr.. Ham
| iton with accounts of his exploits as
a horse thief and picked out a fine look
| ing horse near the railroad which he
said he intended ITO steal as soon as he
ran away from the reform school,
which he expected to do as soon as the
weather got warm.
failed to return to Jake Pincus some
cheap jewelry which he was to sell on
| commission. and was allowed to plead
| guilty to petty larceny, was yesterday
| sentenced to three months in the coun-
ty jail by Judge Speer. Barnes, who
appears to be a nice sort of a young
| fellow. felt his position in the criminal
box quite keenly. He asked the court
TO be lenient with him, saying he had
| no intention of stealing The stuff and
| that Ii was the first time he had ever
been charged with a crime. He said he
had occupied many positions of trust
and had first-class references from
every house he had ever worked for.
Judge Speer said he did not believe
Barnes was a criminal and would
therefore be lenient and let him off
with three months.
Charles MARITIME was to have been
sentenced yesterday for attempted
burglary to which he had pleaded
guilty. but on request OF the county at
! torney il was postponed for one week
On motion of County Attorney Wines
the charge of assault in the first degree
against George Howard and Frank
White was dismissed. as Howard is in
the penitentiary for 20 years and White
| for IS years.
The trial OF James McGrath for at
tempted robbery was set for April O.
In the horse stealing case against
Philip Carr. the court made an order
for the attendance OF some jefferson
| county witnesses for the state A
| similar order was made in the grand
larceny case of George T. Davis for
the attendance OF some Missoula coun-
~ witnesses.
The largest variety OF dress goods is
| at O. X. Lewis * Co.'S.