The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-01-01

the defendant Axtell for number Of
years, and that while they knew him
his character was above reproach. and
after so testifying they were excused
and left for home. General Wilson Is
commander OF the Grand Army and L..
NJ Gardner is the grand master work.
man of the \. q. u. w. for the Jurisdic-
tion Of Montana and II is thought that
their testimony will have great weight
with the Jury. Both gentlemen were
driven To brummond by +. ID. Brown,
who il the commander of the Cunfed-
crate army post of this city.
~ the morning session Frank Du-
rand. the complaining witness was on
! the stand and stated thar ANtell had
always had his complete confidence up
10 the time he quit his employment.
Duraud testified fully as to all the sep
arate charges and showed that the de-
fcrdaut had changed entries on the
books and had "swiped' everything in
sight and that the false and incorrect
entries end even the crasures were all
in ANtrlls handwriting. The witness
was given a fast quarter by defend
ants attorney on OSs-cNGmination,
and while fully answering the lawyers
| uucSli ions also caused the defense some
Imin and confusion by cluquently ex-
planning the whole transaction and tell
ing Just how the play came up before
an objection could possibly he inter-
posed hy the bewidered lawyer.
| T., II. congdou, formerly Of Butte. hut
npw Durand's manager. testified as an
I expert bookkeeper, but acknowledged
on s-eNamination that he was not
an expert. and his testimony covered
I the same ground as IN" other experts
and nothing new was brought out cx-
! Cept that Mr.. Congdun's temper was
somewhat rufiled by Judge Durfee. de-
frndants attorney. County Commits
/ sioneT Holland, formerly Durand's gem
cral manager. testified as a. certain
shortages and Pope Clark, another ex-
pert, testified as tn there being an over
balance in the cash at the time Axtoll
quit the store and Judge Durfee
| promptly objected and moved To strike
out his testimony on the ground that il
was not a crime To have too much
money.
| Cashier King of the First National
I bank told about the cashing NJ two
/ checks alleged To have been stolen hy
/ the defendant. G.. T.. ". B.aul. agent
/ of the Northern Pacific railway, was
/ called. hut for some reason the prosecu-
/ tlpn asked him "A few questions and
4 then dropped him and he was promptly
supoencd by the defense. Witness after
| witness was put on the stand and talk
\ 81 for while. who, so far as most Oi
/ the spectators We're concerned, proved
| nothing In particular either for oi
/ against the Defendant and some ~ the
! Jurors nodded slccpily IN their large
arInchairs. when the prosecution rest
I ed defendants attorney made the fol-
/ lowing notion
/ Vow comes the defendant. John :
Axtrll by his attorney. and moves the
court 1, advise the jury To- ncquit IN,
/ defendant on the grounds that there "a
not sufficient testimony Ia sustain q
conviction" Judge purfec conteudct
that the only Testimony offered by ths
prus-cution are the books Of the com,
plariug witness. that others during
tie same period IN which Axtells em.
DO. Icmenl IL claimed To- have takeT
lace had charge IL or did work ON tn,
iDuts: that others had free access L
tLr -Rsh and that the prosecution hdl
fall. to produce any evidence shown
that ANtelI had ever taken any money
Counsel IN both sides are arguing tn
motion at the evening - ssion- Tn
court room IS SIN crowded with inter
estrd 81, ctalors and bath sidrl are he
ms closely watched. Some dissatisfac