The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-12
ANACONDA NE VS..
THE EVIDENCE is ALL IN
Galbraith Case Will Go to the
Jury To-Day.
ARGUMENTS OF COUNSEL
The Defense Does Little Roasting in
Attacking the Character of the
States Witnesses-The Con-
fession Is Admitted.

-
Before the o'clock whistles blow
this evening it will no doubt have
been decided whether Clark Scott Gal
braith will spend term in the peni-
Tertiary or whether he will be released
from custody, free man.
The fight as to whether or not the
confession OF Galbraith is admissible as
evidence was determined yesterday
morning and the court permitted the
confession to be read to the jury. The
confession is a statement that appar-
emily leaves little doubt as to Gal
braiths guilt. The defense, however,
contends that the confession was Sc
cured by means other than are per-
mitted by law, and while the court
held Galbraith's statement of the man
ner in which the confession was OBJ
tanned is unreliable, Judge Mcconnell
in his speech to the jury said that by
looking through the cracks he could
see how the confession was secured.
Furthermore the defense pointed out to
the jury that confession cannot be
considered as conclusive proof of the
guilt of the person VINO makes it. In
support of this numerous instances
We're related where persons had con-
fessed to crimes which they had never
committed.
The defense fell upon the character
of the states witnesses like thousand
of brick. The regulations of Bragg
and Dorr were attacked in vigorous
manner. Corporations in general and
the Copper City Commercial company
in particular were roasted in strong
language. The arguments of w. B.
Rodgers and Judge Mcconnell were
highly interesting and held those who
1,no rl ha,a xxrif hn nj attention
To-day the state will make it's closing
argument and it is probable that the
case will go to the jury by noon.
Court convened at 8 O'Clock in the
morning, half an hour earlier than
usual. The jury was not permitted to
come into the court room until the ad-
INSTABILITY of Galbraith's confession had
been passed upon by the court In rem
dering it's decision, the court said that
the evidence of Constable Walsh was
admissible. With reference to the con-
fession that Galbraith had made in the
jury room was also admissible. The
court did not think that the testimony
of GaIbraith was reliable and accord
ingly the confession was held to be
competent. 1t was apparent, said the
court, that the statement had been
made voluntarily, or words to that ef-
feet. The defense would be permitted to
show to the jury the circumstances un-
der which the confession had been
made.
When the jury was brought in j. 7.
Bragg was called by the state. He said
that during the month of October ne
had taken Galbraith out of jail in order
that he might go and see his wife. The
defendant had told him at that time
that he had stolen the 10 sacks of sugar
and that Dorr had been given certain
amount of the proceeds OF the stolen
sugar. At various times Galbraith had
made other admissions and confessions
to the witness.
The cross-examination of Bragg was
conducted by Judge Mcconnell and was
very spirited. The judge asked him sew
eral questions which the state objected
to and the court sustained the objec-
tions. In answer to questions Bragg said
that he did not especially care to ''einch"
j. B. Gnose. But he would not hesitate
10 convict Gnose on his own brother or
anybody else if he thought they were
guilty of crime. He denied having
had any trouble with Mr.. Hennessy or
the company about the matter of his
pay since the trial of Gnose. He told of
meeting j. G. Allie at BoZeman when
that person was coming from Dakota.
He did not go to Bozeman for the es-
pecial purpose of seeing Allie, but he
expected that he would meet him. He
talked with Allie about the matter and
had advised him TO tell all that he knew
of the affair. He had expressed sympa-
thy with Allie on account OF the trouble.
The witness said that he had talked the
thing over with Dorr. He was not sure
whether or not he had sent Dorr to see
Mrs. Galbraith. He was questioned with
reference to having watched the loading
of the sugar and the hauling of the
same and to having followed the team
In reply to a question that caused a
smile as to whether it were not pretty
hard thing for him to keep his eyes
open, Bragg said that he could keep his
eyes open sufficiently to see when
crooked work was being done. The wit
ness had been in a saloon on the oppo-
site side of the street when the sugar
had been unloaded in front of the store
of Wills & Gnose.
The witness was asked if he was in
debted to Wills & Gnose, to which quas-
ton an objection was raised and the
court sustained the same. An objection
was also made and sustained when he
was asked If he had not testified in the
Gnose case that he was indebted to
Gnose and that he would discharge the
debt at such time as he felt inclined to
do so. The witness denied that his senti-
ment against Galbraith was intensi-
fed because the defendant was the only
one of all the persons who were alleged
TO have been connected with the Cop
per City steals. He would use his besi
endeavors to secure the conviction OF
Galbraith and he would be perfectly
satisfied with whatever sentence was
imposed by the court. He denied having
said to C. M. Sawyer that he considered
Gnose guiltless.
Judge Mcconnell then began asking