The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-08
ANACONDA NEWS.
ALLIE IS DISCHARGED
The Two Informations Against
Him Are Dismissed.
GALBRAlTH KEEPS QUIET
The States Principal Witness Again
Refuses to Go on the Stand and
Testify-Something Of Sensa-
ton Developed.

James G. Allie against whom two
informations We're filed, charging him
with grand larceny in having stolen
goods from the Copper City Commercial
company, was yesterday dismissed.
County Attorney Trippet depended
largely upon the testimony of Scott Gal
hraith to secure a conviction in the case
Of Allie, but Galbraith again refused to
go on the stand and the only thing left
for the county attorney 40 do was to dis
miss the case.
Galbraith refused to testify at the
trial of J. b. Gnose, which occurred a
few weeks ago. Despite the fact that
the court ordered him to testify, he de-
clined and. for his refusal he was sent
to Jail for contempt of court. Galbraith
stated that his attorneys had advised
him not to go on the stand and in ac-
cordance with that advice he again re-
fused to give evidence in the Allie case.
The court, in discussing the matter yes
terday morning said that there must be
some line drawn between following the
advice of counsel and the orders of the
court and he considered that if an at
torney advised his client to act in oppo-
sition to the orders of the court the at
torney himself ran the risk of being
punished for contempt.
When the case was called yesterday
morning, County Attorney Trippet asked
that the trial be continued until 1870 or
. o'clock in the afternoon at which time.
said Mr.. Trippet, he would know for a
certainty whether or not Scott Galbraith
would testify in the case, and if not it
was probable that the case would be
dismissed
Attorney English counsel for Scott
Galbraith, asked that the names of W.
j. Mcconnell and Rodgers 81 Rodgers
be entered as associate counsel for Gal
braith and the name of j. Fl. Duffy was
also entered as associate counsel for
the state.
Judge Mcconnell then began what de-
veloped into quite a sensational incl
dent. The Helena attorney said he
would like to discuss the matter as to
whether or not the court had the power
to compel Galbraith to testify He did
not agree with the decision of the court
on the question in the Gnose case and
was prepared to cite authorities to de-
fend his position.
! The court said that he had read as
many authorities and decisions on the
question as probably had the attorneys
for the defense and he did not think the
courts mind could be changed. He
thought that where man had once tes-
tilted in case al a preliminary hearing
he could not refuse to testify again.
Mr.. Mcconnell then said that since
himself and Mr. Rodgers had been en-
gagged as Galbraith's counsel, he would
talk to Galbraith the conversation
should be held through the attorneys.
he. objected to permitting everybody
that wanted to see Galbraith.
Mr.. Trippet said that if he could not
consult one of his own witnesses in a
case it was very queer doctrine So
Tar as he was concerned he did not
think he would want to see Galbraith
again, but he would stand on his rights
that If he wanted to he had the right to
see Galbraith.
Judge Mcconnell. after discussing the
matter further. made charge of what
may be called ''pernicious activity
against two of the sheriffs officers. He
said that he understood that Under
Sheriff Joe DAILY had left man in Gal
braith's cell, under pretense of having
forgotten him, in order that he might
pump Galbraith. He also understood
that the court bailiff, Mr.. McGinniss,
had said to Galbraith that he would
stay in jail till he was as gray as a rat
If he did not testify" He thought that
the two officers We're entirely too active
in aiding the prosecution i'm the case.
i The bailiff said that he had not told
Galbraith anything about staying in
jail till he was as gray as a rat, but had
told him, on the day Galbraith was
locked up for contempt, that he would
stay there till he purged himself of con-
tempt
Mr.. Mcconnell then asked Under Sher-
if DAILY if he had placed Constable |
Walsh in Galbraith's cell and left him |
there on pretense that he had forgotten |
to let him out DAILY denied having |
done So
The court shut off further discussion |
by saying that he could not make the |
order requested by the attorney He |
said that officers have rights as citizens /
irrespective of their duties as officers |
of the court. and that they could take
sides with either party to a suit the
same as any other citizen They were
even required in cases to aid in the
prosecution. 1t was not a matter of
right, but one of propriety and the court
could not determine questions of pro-
priety. If any one attempted to intro
duce testimony that had been secured
by any undue influence. the court would
not permit it.
Court then took a recess until O'Clock.
When court reconvened Allie was
brought into court and was dismissed
as stated above. The case against w
II. Padgett, which is set for trial TODAY.
will no doubt also be dismissed. al
though the county attorney said that he
would prefer to wait until tomorrow be-
fore having the order made. Galbraith's
trial will come up Wednesday,