The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-10
CARR FOUND GUILTY
Ch'rged With Horse Stealing and
Tried Before Judge Speer.
ClRCUMSTANTlAL EVIDENCE
The Young Man Had Worked for
Mr.. Cartier. Who aid He Had
Never AIKEN Any of His
Property Before.

Philip Carr, charged with horse steal
ing, was tried and convicted in Judge
Speer's court yesterday before a jury
composed of Howard Adams, George
r. Sherman, Isaac Nadeau, David Ho-
gan, Louis Baumler. Charles Pierce
James Burns, r. NJ. Davidson, ]. j.
York. Thomas Sturtridge. Adolph
Schwade and James Davidson. The
prosecution was conducted by Chief
Deputy County Attorney Booth and
Attorney George b. Dygert defended
Carr. The states testimony against
the defendant was entirely circumstan-
tial. The stolen horse had belonged to
Charles II. Strongman and was being
used by Joseph Cartier. On the goth of
last December Cartier put the horse in
a stable in the southeastern part of the
city and the next morning ii was miss
Ing. About 6 o'clock that evening Carr
had the horse at Bernice, % miles from
Butte, and traded ii to William Paul
for another horse which he brought
back to Butte and sold for $25. He had
told Paul in the presence of three or
four other persons that he had pur-
chased the horse and afterwards said
he had worked for ii and taken IL in
pay.
j. w. Collins, the stock detective who
worked up the case against young
Carr, testified that he had had a talk
with the defendant about the horse
some time in January, and Carr denied
having any knowledge of him. Carrs
testimony on the stand was that he
had purchased the horse from a man
named Andy Brown on East Park
street, about noon on Dec. 81, and
gave him a saddle and $40 in cash. He
borrowed the money from Thomas f.
Bennell. He almost Immediately start
ed with the horse for Bernice. Carr
said he had known Brown well, as the
latter had been in the horse business
and had brought band of horses over
from Idaho. The place where the trade
was made was within a few blocks of
the stable from which the horse had
been stolen.
William Scott and John Riley testi-
fled that they were present when the
bargain was being made between Carr
and Brown and that Carr went away
to get the money and soon returned
with a $40 gold piece. Il. e. Bennell
testified that Carr called on him and
borrowed $40 and said he wanted it as
boot money" in a trade he was about
to make for a horse.
The trial did not last more than an
hour, and arguments to the jury were
brief. 1t was Mr.. Dygert's first case in
the district court and he handled il
well. but his clients reputation was
against him and the jury. after having
been out a short time, returned with a
verdict of guilty and fixed his punish
ment at a year in the penitentiary
Carr has given the officers more or less
trouble for several years, having been
associated with a gang of well-known
young horse and cattle thieves, but the
officers had never been able heretofore
to get cinch on him. The defendant
yesterday insisted on having Joseph
Cartier called to the witness stand to
testify as to his good character. He
had worked for Cartier on the latter's
ranch. The rancher testified that so far
as his personal knowledge was con-
cerned Carr had always been straight
and honest, but. he added, he had heard
a good many bad stories about the
young man which would seem to give
him anything but a good reputation.
Cartier admitted that Carr had never
stolen any horses or cattle from him.
Sentence will be pronounced on the
young man this morning.