The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-16
JOHN CUFFE GUILTY
The Jury Fixes His Punishment by
Filming Him $40
ONE MORE YEAR FOR DEvlNE
He's the Man who Escaped From
the enitentiary-D Distinguished
Guests I'm Town District
Court In Session.

Special Correspondence of the Standard
Deer Lodge. April 14.-The case of
the state against John Cuffe. the Ana
conda policeman who was charged
with having assaulted Christopher
]. Walsh on the night of Jan. IL, 1896.
was on trial before a jury composed of
John T. Evans, Frank Notes.-The, John
Smith, E. s. Brown, Robert Nagle.
Fired Begeman, ]. w. Watson, L. E.
Cousins, N. A. Christensen, Michael
Nealon, II. A. Smurr and James jar
Wis, since Monday. County Attorney
Trippet prosecuted the case for Walsh,
while L. O'Leary, John Duffy and Mr..
Matteson defended Cuffe. great
number of witnesses were examined on
both sides and several of Anaconda's
most prominent business men were on
hand to prove the previous good char
acter of the defendant The case went
to the jury at o'clock yesterday att
ernoon and 1t was not until IL O'Clock
last night that they were able to arrive
at a verdict. The jury reported to the
court early in the night that they de-
sired to be further instructed on the
point as to whether or not eight Of
their number could find a verdict. The
court then issued further instructions
as follows:
Your unanimous agreement is neces-
sary to the finding of a verdict upon
the charge of assault in the second de-
gree. If you all agree that you can
not, under the proof. find the defendant
guilty of this charge, then eight or your
number, all eight agreeing, have full
power ito find a verdict of guilty or not
guilty; and If you find a verdict of
guilty you can also fix the punishment
or leave the punishment to be fixed by
the court. You can do this whether
t1e oil IF NJ
or not"
At ~ o'clock the verdict was reached
finding the defendant guilty of assault
in the third degree and fixed the PEN
atty at a fine of $40.
Joseph p. Devine was up for trial be-
fore a jury this afternoon for escap-
ing from the state penitentiary on the
17th day of July, 1895. Attorney Percy
Napton defended him and set up the
defense that at the time of the alleged
escape the defendant was working on
a ranch belonging to the wardens of
the penitentiary and that his leaving
the ranch without permission could no.
be construed, under the state laws, as
an escape from the penitentiary. The
county attorney argued that as long as
the defendant was in charge of guard
his escape constituted a felony under
the laws, whether committed inside
the penitentiary walls or not. The jury.
after one hours elaboration, returned
verdict finding the defendant guilty
of the crime as charged in the infor-
nation and fixed his punishment at
one year in the state prison.
Attorney General Henri j. HASKELL.
one of the members of the board of
prison commissioners, arrived in Deer
Lodge last evening and attended the
trial of the case of the state against
Joseph p. Devine.
81
Springs was visitor in Deer Lodge
yesterday.
James b. McMaster returned yester-
day from a trip to the Mammoth Gold
Mining company's mines at Coloma.
Madame Beraud of Anaconda was
rendered a reception at the College of
Montana on Monday evening, and at
intervals delighted those present with
a display of her musical talents, vocal
and instrumental. Madame Beraud
was entertained by the Kohrs family
during her visit to Deer Lodge.