The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-10
Witt Be TRIED N MAY
Judge Smith Sets the Time Tor
Riley's Trial.
IS IN CONTEMPT
It IL Possible That b Court WIN Not
Permit Him 70 Appear as Coun-
sci for the Defendant
In the Case.

Special Dispatch to the Standard.
Helan. April 9.-Judge Smith to-day set
the trial of Thomas J. Riley. accused OF
the murder Of Patrick Largely. for May
is. II was Riley's first appearance I'm the
district court since his case came here
ON a chang of venue. This fact resulted
in dra wing quite an aggregation of spec
tators.
A deputy sheriff brought the accused
from his cell in the county jail and as
signed him to the bench usually occupied
by prisoners. County Attorney Stapleton
of Silver Bow was present, and as soon
as the court announced that he wal ready
to hear from the attorney Mr.. Stapleton
said: 1--WE. of course from our side oe-
sire that the case be set down at a time
far enough away SO that 1t won't necessi-
tate different hearings for a continuance
but at the same time we have so many
things over there coming up IN the latter
part of May that we desire, IL possible.
TO arrive at some understanding whereby
IL can be set down in the first part oil
MAY. say between the LIST and the Sth. The
attorney over there for the defense was
amounted two weeks ago to-day; that
has given him two weeks, and II Will give
them altogether about five weeks 10 pre-
mare for trial. OF course, j do not know
exactly what their defense will be, and 1
do not know how long it will take. but
II possible we would like to have the case
set down for some time i'm the nrst OF
May ~
j. NJ. Clements of this city said that he
was present in court at the request OF
Riley's counsel, z. T. Cason. The latter
had requested him to appear at this time.
, He said that he understood that up 10 the
| time of Mr.. Cason's appointment as
! counsel for the defense little had been
lone toward making a defense. 1T was
necessary to procure certain af1dav1ts
from Nebraska. In view of this fact he
thought about June I would be a good
time to the trial. He said that
while he had not been engaged as counsei,
he presumed that he might be.
Judge Smith said that so far as Mr..
Cason was concerned he was in contempt
with the court. and it was questionable
whether he would be permitted to appear
as counsel. The court would be wiliing.
however, to grant time IL any effort was
going to be made TO procure other coun-
sci. He would not be willing to permit
Cason to appear as sole counse in the
case. II no other counsel appeared he
would be constrained to appoint counsel.
After some discussion between Messrs.
Stapleton and Clements. the court said
that he would set the case for May 10.
Mr.. Clements said that while ne mao not
been retained as defendants counsel. OF
fers had been made to him. He believed
so far as he had locke into the case.
the defendant could be ready by that
time. and 1t was so ordered.
In making the order Judge Smith made
this statement explaining what he had
said about Cason being I'm contempt: M
Cason was an officer of this court, that Is,
he was an assignee for some business
house. and ordered him to pay into
this court $50 which he had converted to
his W use. Up to this time he has neg
lected to do so, although the order went
into effect the first of last October. and
/ believe he went over to Silver Bow
county to avoid the payment of the mon
ey, so that this court is not disposed to
look very leniently upon Mr.. z. 7. Cason
and IL he should appear here In anythine
but a criminal action. where the rights
of the defendant would be jeopardized by
reason of any action taken against Mr..
Cason. action would be taken"