The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-19
BUTTE News.
UNITED STATES COURT
The Trial of B. G. w. Evans Be-
gun Before Judge Knowles.
HIS BONDS FORFEITED
Fagen- Bush Unable TO Appear and the
Motion Sustained by the Court-A
Motion to Reinstate Will
Be Entertained.

The trial Of z. c. w. Evans. the local
stockbroker who was indicted jointly
with C. NJ. Fagen-Bush by the last
United States grand jury for alleged
use of the United States mails for I'M
lawful purposes. was begun yesterday
before Judge Knowles in the Unit Il
states court The case was called in the
morning at the opening of court at 10
o'clock but owing to the absence OF
John Woods. the principal witness, u
postponement was taken till o'clock
in the. afternoon. Before adjournment
District Attorney Preston Ii. Leslie
stated that the defendant FaSen-Bush
was not in court 10 answer to the IN
dictment against him and moved tha-
his bonds Of 81 900 be declared forfeited
ATTORNEY w. ". Anderson of Denver,
Who was present TO represent FaSen-
Bush. stated that his client was unable
TO be in court as he was under indict-
arent at Denver. and although the case
had been dismissed the indictment had
not and Fagen- Bush's bondsmen re-
fused to remain on his bonds and allow
him to leave Denver. The court ordered
that the bond be considered forfeited,
but that he would entertain a motion
to rescind the order and reinstate the
be nd. provided such a motion was made
during this term of court.
-
sion at o'clock the trial was proceeded
with. United States District Attorney
Leslie and his assistant, w. Il. Rodgers
of Deer Lodge county. representing the
government. and Attorney A. Laist and
w W Anderson. Fagen Bush's law
yer, appearing for the defense. Evans
sat between his lawyers and took very
little interest in the proceedings
throughout the afternoon. After an
hour consumed in the examination of
Ialesmen, a jury was sworn to try the
case composed of the following named:
w. T. Harris. b. b. Dixon, John Eakins,
A. NJ. Day, j. G. Evans, {. a. Elvers,
A Ducharme, Z. II. Dudden. William
Dyer. W. W. Adams, Joseph Chapleau
and J. II. Gilbert.
The Indictment charges the defendant
with the crime of using the United States
mails for unlawful purposes by depos-
iting non-mailabe matters in the post
office Of the United States for mailing
and delivery through the mails: that on
Dec. 5. 1895. the defendant, with c. NJ.
Fagen- Bush and one John Doe, entered
into a scheme to defraud John Woods
of his property by pretending to be b.
C. w. Evans a. Co, ore buyers. stock
brokers and dealers in mining prop
erty. and attempting to induce the said
Moods To purchase shares in the Free
dom Gold Mining company at value
in excess of their real value, which was
In reality nothing. The defendant
therefore planned To defraud the sad
John Woods by using the United States
mails. The indictment further alleges
that the defendant informed Woods that
Montana stocks had taken a sudden ad-
vance and that shares OF certain stocks
We're held In his community which
could probably be bought up at low
figure and the Evans company could sell
them at a large profit. which would be
III h3afk #.44Fa lis "a I'd Is
pany Accompanying these letters were
fictitious lists Of current prices BY
means of these representations Woods
did purchase shares in certain alleged
Montana mining companies, only to dis
cover he had been defrauded The in
dictment is against Evans and Fagen-
Bush jointly.
John Woods. the complaining witness,
took the stand as the first witness for
the government. He stated that he was
a resident of Joliet, H.. and was on
gagged in the real estate business lie
had formerly been postmaster. He had
no personal acquaintance with the de-
PENDANT until after his Indictment Tie
knew Fagen-B Bush as C. NJ. +. Bush. He
also knew man who went by the name
of Baldwin. but whose name he under
stood now was Bull. Fagen- Bush called
on the witness numerous times in 1895
and one one occasion Bull accompanied
Fagen- Bush. The calls We're for the
purpose of interesting the witness in
mining stocks. The witness also accom-
panied Fagen- Bush on one occasion to
call on Bull. He had frequently re-
ceived letters from the defendant Evans
These letters he had marked and for
warded 10 the chief postofiiee inspector
at Washington. A package of letters
was shown the witness. He identified
them as the letters he received from
Evans. There We're five in ALL The
letters all came To the witness sealed in
envelopes. One contained price list
of stocks. Several other price lists were
received unaeeompanied by any letter
OF transmission. The envelopes he had
destroyed Witness had answered the
letters and had carried on a correspond
ence with Fagen-Bush relative to stocks.