The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-12

questions tending to degrade the Wit
ness. He was asked if he knew a wo-
|. man called Vera and another known as
Pearl Forrest. He said that he did. He
was next asked IL he also knew a wo-
man called Dickey Moore, who held
forth on the row. The state entered an
| objection and the objection was sus-
tafned He was asked whether ii We're
| true that when he had visited Mrs. Gal
braith he had made improper approaches
| to her. The witness emphatically de-
| MED having done SO. He denied with
| equal vigor that he had chased her
| about the house in an endeavor to catch
| her. He also denied ever having made
| proposal to pay her clandestine visit
| the day following his visit. He was
| asked if Pearl Forrest had not been his
| mistress. The state objected and the
court sustained the objection. He adj
United having bought Galbraith num-
| Der of drinks and also that he had given
him some liquor in the jail.
ID. j. Hennessy, president and gen.
eral manager OF the Copper city Com
| mercial company. was next called. he
told OF having been present when Gal
braith made his confession to the coun-
/ ty attorney in the jury room on Oct.
p. The confession was read to the
jury, that is. the portion OF It relating
/ to the theft of the sugar The confess
| sion stated that Galbralth had. on
Sept p. stolen 10 sacks of sugar, which
/ he had delivered to the store or Wits
/ & Gnose; that Gnose had given him
/ an order for five sacks of sugar in order
to avoid suspicion. Gnose had paid him
| $40 for the 10 sacks of sugar
! On cross-examination Mr.. Hennessy
| said that the Copper City company had
paid the cost of bringing witnesses
/ back to Anaconda. He denied ever
| having made any promises of immu-
nifty to Galbraith If the latter would
/ tell what he knew of the matter
j. S. Casey said that no promises had
/ been made to Galbraith, and the testl-
mony along this line was corroborated
| by Deputy Sheriff McGuinne.
r.. w. Wanzer. the stenographer who
| took down the testimony in the pre-
| liminary hearing of J. b. Gnose, was
| the next witness. He identlf1ed the
| transcript of the evidence given at that
time and portions OF 1t were read to
| the jury. Galbralth at that time tesu-
/ fled that he gave his evidence without
any promises having been made to him.
| The evidence that referred to his hay
| ing taken the sugar was also read. me
evidence given by Galbraith at the
| hearing is of the same nature as the
matter contained in the confession
Judge Donoghue. the justice of the
peace before whom the preliminary
| hearing of Galbraith was held was
| then called He was asked if Dorr had
given him $40 at that time. which Dorr
claimed to be the sum received from
Galbraith as his share of the proceeds
derived from the sale of the sugar to
Wills & Gnose. The attorneys for the
defense objected to the question and
the objection was sustained!
After examining Charles Mcdonald,
an employe of the Copper city store at
Carroll, who testified that on Sept. %
Galbraith had delivered to that store
55 sacks of sugar. the state closed It's
case.
Mr.. Mcconnell, for the defense.
moved the court to discharge the de-
PENDANT. for the reason that the taking
of the sugar had been done with the
consent of the agents of the Copper
City company. He cited authorities to
show that where an owner of property
places the same in charge of an en-
ploye, and the employee appropriates
the same to his use or to the use of an
other. it Is not larceny. The motion to
dismiss was oNerruled.
The defense proceeded with the intro
duction of testimony without making
its opening statement to the jury.
Frank Gleason was the hfst Witness
he said that ne was Warehouseman
lie thought that Galbralth nad oo SACKS
OF sugar on ms wagon on sept. ~. IN
his former evidence. gwen at the pre-
liminary examination, Gleason ap-
peared to be certain about the number
being 90.
James y. Gnose was called. lie
showed his books to Indicate that no
entry had been made or the payment OF
$40 on the ia OF september Ior sugar
Mr.. Wills, GnoSeS partner also testl-
fled to the same ERECT. Both denied
at-footed that they had purchased any
stolen goods.
man named Mckenzie was called
to tell what he knew about the charac-
ter and reputation OF J. T. Bragg. The
| witness known
and he said that his reputation FOL
truth was somewhat shady.
some IurIner testimony was intro
duced and the state called one witness
in rehuttal. After the close OF the case
Mr.. Irlppet mace MS speech 10 Inc
jury. he spoke Tor about y minutes
| d