The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-22
ONLY ONE LITTLE YEAR
Mr.. Coughlin Joyfully Shakes
Hands With Himself.
THE JURY DRAWS 1T MILD
The Only Wonder Is That It Didn't
Acquit Him With Fine Coat of
Whitewash-But John Is
Satisfied.

John w. Coughlin, tried for grand
larceny for embezzling $500 from the
Anaconda company, fell just a little
bit short of vndication. The jury
found him guilty. but limited his pun
| 1shment to one year in the penitentiary.
| He offered no defense. but his lawyers
| made hard fight on law tchnicalities.
1t was practically admitted that ne
stole the money, but it was contended
that he did not steal it from the Ana
conda company but from the Sisters
OF Charity and from a poor priest who
came over from Ireland to collect funds
with which to build a church.
On such a plea Coughlin's lawyers
got four Jurors who voted on seven
| ballots to return verdict of not guilty
and kept the jury out for five hours.
The other eight jurors favored a severe
sentence, but finally compromised with
the four on verdict of guilty with one
year in the penitentiary. verdict of
not guilty would have surprised no one
as the present jury panel has not ac-
quired a reputation for being hard on
criminals, and in anticipation of such a
verdict the county attorneys office was
prepared to have Coughlin at once re-
arrested on charge of forgery.
The arguments on the motion to adj
wise the jury to acquit the defendant
were finished yesterday morning, Mr.
~.
The sum of the argument was that the
state had not proved that the money
was stolen from the Anaconda COM
pany but, on the contrary, the evidence
showed that if taken from any one, it
was taken from the St. James Hospital
association and Father McFadden.
1t was also argued that the state had
failed to prove that the Anaconda COM
pany was a corporation.
AT the conclusion of the arguments
Judge Clancy overruled the motion to
instruct the jury saying that the evil
dence showed that the hospital fees, as
we'll as the Father MacFadden sub
scriptions, had been held out of the
wages of the employees by the Anaconda
company and it became the custodian
OF the funds as trustee and had pos
SesSory title to them. The company
was obligated TO pay the money over
to the parties to whom it was sub
scribed, and could have been sued for
it. There was a certain amount due
the hospital association and Father
MacFadden. The defendant. as cashier
OF the company, instead of paying over
the full amount due them, retained 5000
from each to cover the $500 check he
had drawn on Pat Mullins, and which
he appropriated
Judge Clancy said the case was very
plain to him, and he could not do other
wise than overrule the motion.
After the court had ruled, Coughlin's
three attorneys put their heads together
and held consultation, and then Mr.
Cotter announced that they had no tes-
timony TO offer in defense, but would
argue the case to the jury on the states
testimony
The court limited the arguments to
an hour on each side and Emmett Cal
lahan opened for the STATE, and was
followed by j. N. Kirk and John w.
Cotter for the defense. The latter's ar
guments to the jury were about the
same as that to the court on the motion
to instruct for not guilty.
G. +. Connolly, in closing for the
state, said that when defendant had
to rely on such techncalities to keep
out of the penitentiary he was in des-
perate straits indeed. He said the evil
dence showed that Coughlin had not
only robbed his employer to whom he
was indebted for his bread and butter,
but he had also robbed the Sisters of
Charity, who wiped the death drops
from the brows of dying miners. He
first made the company rob the Sisters
by paying them less than was due them
and then he stole the money from the
company.
The courts instructions were very
fair to the defendant and the jury re-
tifed about 4:30 O'Clock in the after
noon.
The jury was out until $50 o'clock at
night before verdict was reached. In
all eight ballots were taken, and for
seven ballots four jurors voted to ac-
quit the defendant.
There was a long intermission be-
tween the seventh and final ballots.
during which time the four men were
induced to change their votes on con-
slderation that the punishment be fixed
at the least penalty in the penitentiary,
which is one year. and a verdict was
so returned. Coughlin received it with
evident satisfaction, and when Judge
Clancy told him that sentence would
be formally passed on him next Satur-
day he thanked him. verdict of not
guilty was not unexpected and a COM
plant charging Coughlin with forgery
in connection with embezzlement had
been drawn up in anticipation, and if
he had been acquitted he would at
once have been rearrested.
After the verdict had been announced
and Coughlin was returned to Jail his
face wore a more pleased expression
that it had at any time since his arrest
on the 23rd of last October.
The jury in the case was composed of
Frank Ambrose, William Forrest.
Thomas Davis, Fred Peters, Peter ].
McDermott, James Jenkins, Richard
Barry, Michael Lenihan, Harry Nor
they, Toleman Barnhart, Dom Bertog-
lilo and $. J. Perry