The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-09
A TRIAL WAS USELESS
The Charges Against Morehouse
and Albertson Dismissed.
THE WITNESS WAS AWAY
An Inglorious End to the Spasmodic Up
rising of the Officials Against Gam
bling-Clancy Says Grand Ju-
ries Are Expensive.

The prosecutions against Ike More
house and Henry Albertson, which
were started six months or more ago
during a spasmodic uprising of officials
against gambling in Butte in violation
of the state law, came to an end yes
terday morning when c. r.. Connolly,
chief deputy county attorney. in the
absence of the county attorney him
self. had the case against the two de-
PENDANTS in Judge Clancy's court dis
missed. In making a motion to dis
miss the case Mr.. Connolly stated
hat i'm his opinion il would be use
less TO go to trial for several good
Wilbur Boyce. one of the states two
principal witnesses, had Joined the
rough riders and was at Chickamauga,
and his absence would not be good
grounds for asking for a continuance.
But even If he were here, said Mr..
go to trial. That statement rather
intimated that the prosecution had
learned not to place much on the ox-
officer, and the intimation was sup
ported by Mr.. Connolly's further ref
erence to the fact hat in another
gambling case in which Boyce was the
chief witness he was conveniently abb
sent when the case was called Cor trial,
and kept out of reach until it became
necessary to dismiss the case.
The chief deputy also referred TO the
fact that at the time the raid was
made on he gambling house Boyce had
some trouble with an officer and that
his testimony Ia contradicted by half
a dozen other Witnesses. The only
other witness the state had against the
two gamblers was a man named Har-
ris, who is now engaged in the saloon
business in Butte. Morehouse was en-
gagged in playing when the raid was
made, but the only evidence the state
had was the fact hat he was owner
of the building in which the gambling
was carried on.
In speaking of the failure of the
prosecution against the two men Mr..
Connolly referred to the fact that at
the time of the anti-gambling aglta-
ton he made a request of the court
to call a'grand jury to investigate the
alleged violations of the law, but that
the court declined TO do so. saying at
the time that the county attorney
could take the place of a grand jury.
After Mr.. Connolly had concluded his
statement Judge Clancy made a few
remarks. principally regarding his
lack of confidence in grand juries. He
said they were expensive n useless
bodies. They had the power to sum-
mon a thousand witnesses, employ eX-
pensive experts and la to be provided
with a special bailiff, remained in ses-
sion all summer if they wished n
diourne without having accomplish
ed anything. Several men on a grand
Jury might be influenced, as had been
the case, and defeat any indictment,
The judge referred to h last grand
Jury he had called. He said they We're
i'm session a long time at a great eX-
pense to the county and when they
iourn the brought in two indict-
ments. one against G. @. Johnson, the
defaulting ex-county clerk and record
er. who had been given time to get
well on his way to South Africa before
the indictment was returned. The at
fairs of the jury room were known on
the streets long before any report was
made to the court. The judge thought
all grand juries were alike and he had
no confidence in them.
The court granted Mr.. Connollys re-
quest, the case against Morehouse and
Albertson was ordered dismissed and
their bonds exonerated. There being
no other cases set for trial the judge
discharged his jury for good. A new
one will probably be called shortly TO
try some civil cases.