The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-24
BURNS TOOK THE STAND
Convicted of Stealing Coal From
a Flat Car.
SHOWED POOR JUDGMENT
The State Had Not Made a Very Strong
Case-Burns Told Seemingly I'm
probable Story and Mixed
Himself Up.

BY displaying poor judgment and
taking the stand in his own behalf,
defendant in a criminal action was con-
victed yesterday afternoon, whereas
there was a strong probability that he
would have gone free had he al
lowed the case to go TO the jury when
the state submitted its case. 1t was
the case in which r. II. Burns was
charged with petit larceny for stealing
coal from a fiat car near the Western
Fuel company's yards in Dublin gulch.
The complaint alleged that the defend
ant committed the crime charged on
the evening of the 18th of the month by
removing 500 pounds of coal belonging
to the company mentioned, from fiat
car with the intention of stealing II.
The state proved the act but had shown
very little criminal intent, when the
defendant took the stand and told
very improbable story and then got SO
mixed UP on CT discrimination that ut
tie doubt of his guilt was left.
At the opening of the case Burns de-
manded jury trial. Six men were soon
! secured and the case proceeded with,
Deputy Prosecutor Stivers representing
the state and the defendant appearing
without counsel.
c. s. Huff manager Of the Western
Fuel company testified that his com
pany had lost about $i25 worth Of coal
within about &C days. He knew the
coal was being stolen and had set a
watch to catch the thieves. On the 18th
of the month, in the early part of the
evening, two men had been caught
! throwing coal OFF from a car. The Wit
ness and an employe started for the
men, capturing the defendant, the other
! man getting away. About 500 pounds of
coal had been thrown off on the ground.
! The man who escaped was saelSing the
| xVhila ha defendant throwing
| it off.
! u. W. Huff, weighmaster at the West
| ern Fuel company's yards, said he dis
| covered the defendant and his partner
! throwing off coal from ear. He went
! out and told them TO put the coal back
! and he would say nothing about IT..
! They promised to do so. but went away
without doing ii. The witness then left
! the yards and came down town. In
about half an hour he received a tele-
! phone that the two men had come back
and begun taking coal and had been
arrested.
John Spiker a teamster for the West
ern Fuel company, told of catching the
! defendant and another man attempting
| to steal coal from a fiat car. He had
1 armed himself with a shotgun and gone
! after them. He made Burns get down
off the car and he and {. s. HUFF had
turned him over to an officer. The 9TH
| er man escaped.
i The defendant took the stand and
said he had been invited to the home
| of man named Jerry Coffee. who lived
in Dublin gulch. He climbed up on the
! flat car to cross over when a man with
a gun came up and told him to get
down. which he did, and was then
abused by the man with the gun and
another who came up later. There was
no other man with him
On cross-examinat.on Prosecuting At
torney Stivers mixed the witness up SC
badly that before he got through ne
had admitted practically all the ailesa-
,tions of the prosecution and contradict
ed his own evidence, virtually convict
ing himself
The jury were but few minutes In
reaching verdict of guilty and Judge
Laurandeau sentenced Burns to pay a
fine of $25 and the costs. In default Ct
payment he was committed to the coun-
ty Jail