The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-13
WALTER LOWESCASE
It Is Indefinitely Postponed on Motion
Of kr. Wines.
HE AND THE GIRL IN JAIL
Ressie Davis. IL Appears. Has Been
Prosecuting Witness in
Similar Proceedings In
Eeer Lodge County.

The case Of the state against Walter
Lowe, which had been set for trial in
Judge Speer's court yesterday.
was indefinitely postponed on motion
of County Attorney Wines When the
| case was called Mr.. Wines stated to the
court that when the matter was first
brought before the lower court the
| charge preferred against young Lowe
was that Of abduction, which, under
| the statute, is the taking of q female
| from her home without the parents
| consent, for the purpose of prostitu-
| ton. On investigation it was found bv
| the prosecuting attorney that the
| courts have construed the statute tn
| mean that the female must have been
abducted for the general purpose of
| prostitution for hire which was shown
not TO be the case in this instance 1t
| also developed at the trial, through the
testimony OF reputable Witnesses by a
| certificate of birth and by the admis-
slons of the girl, Bessie Davis, herself.
mat she was under the age of 16 and il
was therefore determined that nothing
could be done but to hold the young
man to the district court under the
statute defining the crime with which
the man is charged and file an inform
alton against him on that charge. The
essential fact to be proved on that
charge was admitted by the girl at the
preliminary trial and the testimony was
positive as to that fact. Since then
however, the girl has been part of the
time under bonds as a witness and i'm
constant communication with the de-
PENDANT. After she was surrendered nv
her bondsmen and locked up in jail she
Kept up the communication with the
prisoner by means of letters The re-
suit was that when the prosecuting Of
hceIs held n consultation with her yes /
terday morning for the purpose Of de- /
tcrmining what she would testify to il I
was shown that there would be such a
great discrepancy that 1t would be inn ,
possible TO make out a case against
Lowe. MIR. Wines therefore was com
PEELED to ask that the setting of the
case be vacated and continued until he
could procure other testimony to sup
ply that which the girl refused to give.
Mr. Wines thought he would be able 70
find the needed evidence by Saturday
The defendants counsel made a Wig
orous kick against a postponement of
the trial He said the statement made
by the county attorney was wholly in
sufficient to justify the court in grant
inE any continuance.
The fact that the prosecuting wit
ness may testify different from what
the county attorney may desire, is
most extraordinary reason to be adj |
'anced Tor continuance or a vacation
pr the setting said the attorney.
This setting viii be vacated and the
,ase will be continued" said Judge
>neer interrupting the defendants |
counsel 1T Is very evident that this |
witness has been tampercd with"
y es. added Mr.. Wines. that is the |
whole trouble. II the other side had let
'ur witnesses alone we would not find |
I necessary To ask for a continuance "
The defendant was returned TO jaiI
-nd the girl was also taken 10 the Nvo-
mems department, where she IS re-
aimed as witness. She was in the
curt room during the proceedings.
WITH her face covered by a veil II Is /
laimed that she has positively refused S
o testify against Lowe. and unless a
ther evidence can be produced. II win
robably end In a dismissal Of the case
he court room was filled with specta-
0rs who anticipated some very racv
estimony, and they went away disan-
ofnted when the trial was POSTPONED |
he case will he called up again-on Sat
rday for setting.
1t appears that Bessie Davis had been
prosecuting witness I'm a similar case
hich was tried in Deer Lodge county
AVeral years ago. The family at that
me lived in that county. A man
AIMED Wilson was tried and convicted
n the charge OF having ATTEMPTED to
ommit a criminal assault on the girl
nd was sentenced to six years in the