The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-24
MOODY IS DISCHARGED
The State Unable to Use Its Evil
denoe Against Him.
ELEVEN MONTHS IN JAIL
Perry Would Not Testify Against Him
Unless Assured Of Clemsncy-Nick
MarteIlo. b Burglar, Gets
Five Years in the Pen.


tried and acquitted on the charge of be-
ing implicated with Thomas Franey in
the murder Of Paul r. w. Kroeger on
May ?5. 1887. and was subsequently ar
rested on the charge of having taken
part In the robbery Of the Great North
ern bridge crew on the 9th of February
Of last year.. was finally released from
jail yesterday morning and discharged.
upon a statement made to the court by
Chief Deputy County Attorney Connol-
ly. Within a few minutes after Moody
was acquitted on the charge of murder
he was arrested for robbery and after
a preliminary trial held to the district
court. The county attorney claimed to
ave q stronger case against Moody
than he la against his partner. James
Clancy, who was sent up for 81 years.
A few weeks & Judge Clancy sus-
tainsd a demurrer to the information,
but granted the county attorney leave
to file a new one. Yesterday morning
Moody was brought into our and Mr..
Connolly made a statement that he
would not file another information
unless the court should insist on 1t. He
said the chances were hat the state
would not be able to use its principal
witness owing to circumstances that
now surround him." MI. Connolly re-
ferred to Charles Perry, q young fellow
who will be tried mex week on the
charge Of receiving stolen property.
Perry has full knowledge of Moody's
connection with the robbery. but he re-
fused to testify unless assured of elem.
ency In his own case. to which, II is UNI
derstood. the court has been opposed.
At the conclusion of Mr.. Connolly's
statement Judge Clancy said he knew
nothing about the case, but upon the
statement Of the attorney II was his
duty to discharge the defendant. Thu
court asked Moody IL he nat any state
ment to make. but Moody smiled and
said he had nothing to say. whereupon
al order was made that he be dis
charged. A great smile overspread his
face and he made a quick step toward
the door. and ne hesitated as II in doubt
whether he had heard Alright.
You al CO." said the court.
Thank YOU" said Moody, n then
he disappeared through the court room
door as IL shot from a cannon He went
back to the tailer's Office and secured a
few personal effects, after which he
gave goodbye to his former fellow
prisoners N left the court house a free
man, after having been in Jail abou II
months. Moody will probably go to Sc
dttic W JOin HE lIituu III III part
ner, Thomas Franey:
Nick Martello, a young burglar. Of
fered to plead guilty provided he would
not get more than two years. 1t was
thought the court would let him of with
that, but no assurances to that effect
were given him. He risked IL and went
into court yesterday morning and with
drew his former plea of not guilty. and
entered a plea of guilty. and Judge
Clancy then sentenced him to five Years
in the penitentiary and Martello's face
grew long and he afterwards declared
that he had been "jobbed." Before sen
tence vas passed Mr.. Connolly made a
statement of the case. He said that
some time ago Martello was sent up
from Yellowstone county for robbery
and after serving a few months was
pardoned out by the governor. He i'm
mediately came to Butte and within
five days was arrested for burglary.
Mr.. Connolly said the burglary was
committed in the evening and there was
a question whether the proofs would
show burglary in the first or second de-
gree. He was willing to give the de-
PENDANT the benefit Of the doubt, and
said that the penalty was a sentence for
any period under 10 years. Colonel CAL
lahan. counsel for Martello. made a
plea to the court for leniency. Inc said
the young man had been unfortunate
from his birth. He la no knowledge
Of his parents and never had a mothers
care. His bringing up was rough and
he had very little appreciation of right
or wrong. The colonel hoped the court
would be merciful and deal as kindly
and leniently as possible with the de-
PENDANT.
Where were you born?" asked the
Judge, addressing Martello.
In Chicago"
How old are your"
seventeen"
We'll" said the court, at costs this
state a great deal to take care of men
X you and try a case against you
every now n then. 1t was to dis
courage ex%-convicts from committing
new crime that the law was passed pro-
viding for an increase in sentence where
a man is committed the second time.
The fact hat you committed a burglary
within five days after you were par
doned out of the penitentiary Is a bad
thing. There are entirely too many of
you convicts who come to Butte and set
up in business here and I don't believe
in extending too much leniency in cases
like this. I will therefore sentence you
to ive years In the p~enitentiary. and IL
the Spanish wa keeps up that long you
will have another opportunity to make
a useful citizen OF yourself when you
get out"
The motion to set aside the judgment
and sentence against James ID. Casey.
serving 20 years in the p~enitentiary for
robbery. was taken up yesterday morn
ing, and Attorney Bishop. representing
Casey. read the afhdavit Of James
Clancy. in which he swore that he N
not Casey committed the robbery for
which the latter was convicted. The
afidavits of Charles Perry and a man
named Baker to the effect that they
were with Casey in a Pleasant alley dive
at the time Of h robbery were also
read.
County Attorney Stapleton said he
would II to have an opportunity to
prepare some counter and Wits to show
who Clancy and Perry were. and the
court gave him until next Saturday TO
do %.
THE county attornev Yesterday MORN