The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-27
An Information Filed Against
Both Wines and Booth.
S%UBORNATION OF PERJURY
They Are Charged With Instigating
James w. Bacher to Give False
Testimony in The Sha-
fer Case.

court by the county attorney against
Melvin L. Wines and Edwin G. Booth,
Shafer's lawyers, charging them with
s~ubornation Of perjury. and both men
were arrested on bench warrants is
sued by Judge Clancy.
In view of the disclosures during the
past few weeks the arrest of the two
young attorneys was not unexpected,
and therefore not much of a surprise
to many persons. though the explosion
had not been looked for yesterday. and
there were very few men i'm the court
when the two defendants were
brought In and arraigned. The usual
request for permission to file the infor-
nation was made by Mr.. Stapleton
when all other business at the morning
session had been disposed of and all
members of the bar had left the court
room.
In his request for leave to file the in
formation the county attorney made
this statement to the court:
Now comes Guy w. Stapleton and
represents to this honorable court that
on or about the 9th day of October,
1897. at the county of Silver Bow, state
OF Montana the crime of s~uhornation
of perjury was committed, in this. to-
wit: That a certain James w. Bacher
was then N there unlawfully. will
fully, feloniously and corruptly solicit
ed. suborned, i~nstigated and persuaded
by certain parties to give a certain dep
osition under and by the name of Ed
Laney before one N. w. Bolster, a no.
tary public in and for the state of
Washington, at the city of Seattle in
said state. which said deposition was
to be used and was used on the trial
of one Joseph Shafer, charged with
murder in the first degree in the dis
trict court of the Second Judicial dis
trict of the state of Montana, in and
for Silver Bow county: that your officer
has made a full, fair and complete in
vestigation of the facts and circum-
stances surrounding the commission Of
the alleged ~offense, and in his opinion
has ample evidence to warrant him i'm
believing that the said crime was com
mitted at the said county of Silver Bow,
state of Montana, on or about the date
mentioned, and that the defendants
herein, Melvin l.. Wines inc Edwin s.
Booth, did commit said offense. And
your officer believes that upon a trial
of said cause. if an information is al
lowed to be filed in this court charging
the said defendants, Melvin l.. Wines
and Edwin $. Booth. with the commits
sion of the said offense, a conviction
can and should be had under such in
formation. Wherefore, your petitioner
prays hat he be allowed t. file an in
formation in this court charging the
said defendants, Melvin l.. Wines and
Edwin S. Booth, with the crime of sub
%ornation of perjury"
The names of the defendants and the
of the charge against them
were ithheld from publicity at the
time, though the few persons in the
court room had an inkling of what was
going on. After Mr.. Stapleton had filed
the Information he requested that
bench warrants be issued, which was
promptly done. Mr.. Booth, who a few
moments before had just concluded an
argument on a demurrer in a case in
which he a been interested, had left
the court room but was still i'm the
building when Under Sheriff Murphy
served the warrant on him, and he re-
turned to the court room accompanied
by Attorney Miles ~Cavanaugh, his for
mer law partner.
Mr.. Booth is here and wishes to be
arraigned at once and have his bonds
fixed said Mr.. Stapleton to the court.
"All right said Judge Clancy
MI. Booth, stand up commanded
Mr.. Stapleton. addressing the accused
attorney, and Mr.. Booth complied.
You are charged by this information
under the name of Edwin s. Booth of
the crime of subornation of perjury. Is
that your true name?"
1T is" responded Mr.. Booth.
Mr.. Cavanaugh sal he would appear
for Mr.. Booth for the purposes of the
~arraignment and waived the reading of
the information. taking until Monday
morning to plead. He asked the court
to fix the bonds at nee and the amount
was placed at $500.
A few minutes later Mr.. Wines pre-
scented himself in court. having been
Sarva6 with tho uarront hx- Da~,t,,
Sheriff Evans. and the same proceed
ings as in Mr.. Booths case were gone
through, though Mr.. Wines expressed
a readiness to plead at once. That
however, went over until Mon
day. Both attorneys had expected to
be arrested. as was shown by the fact
that they had already arranged for
bonds. which were filed and approved.
The sureties on Mr.. Booths bond are
Will Lewis and w. McC. White. and on
Mr.. Wines. William H. Lewis and
Adoplh Pincus.
The only thing I have to say for
publication" said Mr.. Booth at the
conclusion Of the arraignment, lis we
have been looking for this for two
weeks. and have been ready to meet
II. We did not run away"
Il have nothing further to cay about
the matter at this time" said Mr.. Sta
pleton. than h is set out in the in
formation. 1t speaks for itself"
The Information in full is as follows:
In the district court of tie Sc, md
judicial district of the state of Mon
tana, in and for the county of silver
Bow, on this twenty-sixth day of
March, A. d.. 1898. Melvin l.. Wines and
Edwin S. Booth are accused by Guy w. /
Stapleton, the duly elected. qualified
and acting county attorney in and for
Silver Bow county. state Of Montana,
by this information. in the name. and
on behalf. and by the authority of the
state Of Montana. OF the crime of SUBJ
ornation Of perjury. committed by
them. the said defendants. Melvin l..
Wines and Edwin s. Booth, as follows,
That at the county of Silver Bow.
state OF Montana. on or about the 27th
day OF October. 1897. and before the
fling OF this information. the said de-
PENDANTS. Melvin l.. Wines an Edwin
8. Booth. did. wilfully and unia Wfully