The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-01-03
TO Be DECIDED SOON
The Very Interesting AItell Case Is
Given TO the Jury.
WAITING FOR THE VERDICT
Judge Brantly boasts Outsiders
Who Have AIKEN an Active
Part In the Case-Every-
body Is Excited.
Special Dispatch to the STANDARD.

op'Niai hispdtCn 70 tue standard.
Philipshurg. Jan. 2-Judge Brantly
opened court this morning with blood in
his eye and took occasion during the
day 10 administer several sharp lee
lures to the jury. the baiIiffs and the
press. At the noon hour ne lit onto ev-
erybody I'm sight about as follows: III
any person has done or is doing any
thlng wrong in this case IL Is the duty
OF those knowing Of the facts and cir
eumstances to present all the details to
the court. so that those guilty OF an
ofrense may be severely punished. Ie
there Is anything that ought 10 be kept
free from undue influence. IL Is the Jury
In such a case as Is now on trial" The
Judge said many other things. but no
one made any response, although it
was pretty generally known that there
We're those present who would have
some dlihculty in making satisfactory
explanations OF their conduct during
the trial II called upon TO do 50. In
TACT. as the case progresses, II becomes
more and more apparent that the whole
community Is on the jury.
AZ the commencement of the term
states Attorney Moore made appllca-
ton for change of venue in the case,
which application was refused, and Il
IL said that feeling ran So high at tha
time OF the application that lucrative
positions were lost and gained simply
because OF the signing OF the petition.
This Is no reflection upon Judge
Brantly. because il seems 10 be ad-
mitted that the defense made Just as
good showing against change of
venue as did the state In asking for II,
but from the intense interest exhibited
throughout the trial and the large num-
her and character OF witnesses on both
sides II would appear tn he just possi-
ble that an absolutely fair trial could
not be had In Granite county.
In any case. as the trial progressed,
1t became certain that the defense In
tended to change the title of the case,
and N possible have 1t 20 To the Jury
as the whole community versus Frank
rurand. TIL sensational features pre-
dictcd by those supposed to be the in
side Of both sides were wholly wanting.
and II Is now promised that there will
he hereafter In the case that viii ef-
| feet several regulations and show up
| several others In an unenviable light.
II II promised that other suits. both
civil and criminal. VIII grow out OF the
present case however IL may be de-
cidcd.
| Axtell occupied the stand all the fore
noon to-day fOt cross Ss-examination. on
direct examination MI. ANtell frankly
| admitted that h. had made all or nrsr-
/ ~ all NJ III" errors. erasures and mis-
takes. and explained that he had done
/ So for the purpose uf covering the
shortages made 10y DurNnd. the COM
| planning witness and owner Of the
| store. and a,erred that ~ mad taken
| this way nf covering the shortages at
thr iugthucr and request of Mr. Du-
flGI. on cruss-'Nau,natlcn Mr.. ANtell
/ did NOT sccm Eu certain nv To having
made the orarlrHy and changes on the
books. aud while not absolutely deny
ing everything. minated thar some of
the huuelinw work was not his The
examination was very tedious aud fall
cd To- elicit anything new and only
| SERVED Ia put some ~ the jurors to
sleep and Judge Brantly In very bad
| humor. In the afternoon Ed LeMarch.
Il brother -in-law Of Mr.. Durand, testl-
fed rs To the former good character of
Axtell. as did also John Kaiser. G. +.
Jacky. l.. e. Johnson and John A.
/ Spencer. while j. |. Argall. nr Conyg-
ham. NJ. T.. Edwards and +. W. Sher-
/ man testified as % the character of the
defendant. Axtcll. and swore that Du-
rand's reputation for truth aud We
raclty was bad. Some Of these gcntie-
men Acknowledged that they had had
some trouble with Durand and that
perhaps that fact might possibly bias
| their opinions. Mr.. Spencer, Cashier
King of the First National bank. Coun-
~ Treasurer Fairbarn and Judge j. J.
Hayden testified as to the good reputa-
| tiou of Durand.
| The arguments wrr" confined 10 one
hour and half on "A side and were
finished before 8 o'clock. and at 8
o'clock judge Brantly delivered his in
structious To- the jury and the cele-
hra'eh ease was put in the hands OF
the jury.