The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-18
SCOTT AND HIS BOTTLE
Galbraith Admits That He Had
Been Given Liquor.
WAS QUITE A SENSATION
Jury in the Gnose Case Secured Trial
Proceeded With. But Brought to
Sudder. Stop i'll a ORA
matte Manner

against 3dllSS AaIpSp. SnHTERH with
having received stolen goods. made an
suspicious start in the district court
yesterday. but it was brought to a
sudden stop before the first witness had
been asked a dozen questions and
something of a sensation was sprung
Scott Galbraith, one of the states wit
nesses, refused to testify, and admitted
that he had been given whiskey and
that he was pretty drunk The court
then inaugurated an investiga ton into
the whiskey matter and after hearing
several persons court adjourned until
to-day.
The selection of jury, which it had
been supposed would consume all of the
afternoon, to the surprise OF nearly
everyone was completed in an hour.
Twelve men were called to the jury
box. They We're William Ferman, c.
NJ. Davis, John Kaiser. G. A. Barker,
Steve Hovarth, c. NJ Shoup. sam Scott,
Matt Pazoga. Willis Parrott, Hiram
Jones, Hamilton Boutwell, and j. L.
jenkins. After reading the informa-
ton, which charges Gnose with having,
on Sept. -, received 10 SACKS on stuteu
sugar, valued at S63. the examination of
the jury began. Steve Hovarta was
asked It he was in any way INDEBTED To
the defendant.
"Oh. I've seen him lots of times" was
the reply.
The state excused Sam Scott and John
A. johnson was called. Mr.. Johnson
had formed something of an opinion
from newspaper reports, but he could
try the case fairly and impartially. The
defense excused Willis Parrot and
Charles Hilbert was called. The de-
Tense excused Matt Pazoga and Thomas
Mcdonald took his seat. The state
waived its second challenge and on It's
RI ip1 oh, 1lax, IcI .aFa ri M,e
Forman, and Pat Walsh was called.
The defense asked Walsh If he We're
indebted to the Copper City CONNER
cial company, and he said he was. Mr..
Rodgers for the defense then chal-
lcnSed him for cause. The prosecution
resisted the challenge but slightly and
Walsh was excused. Hiram Jones was
excused by the defense and b. +. Cross
white was called. The defense then ac-
eepted the jury as did also the prosecu-
tion, the state having unintentonany
waived its last challenge. The jury
as finally agreed upon is as follows: e.
M. Davis, John Kaiser, c. A. Barker,
Steve Hovarth, Hamilton Boutwell,. j.
F. Jenkins, j. A. johnson, Charles Hill
bert, Thomas Mcdonald, Steve Hen
dult, Il. f. CrosSWhite and G.. Nj, Shoup
George Haldorn of Butte was entered
as associate counsel for the state.
The jury was then sworn and County
Attorney Trippet made the opening
statement OF What the state expected to
prove, and Scott Galbraith was called
a witness. Galbraith himself is
charged with grand larceny iii eunnec-
ton with the same matter that Gnose
is being tried on He has been in Jail
since last October, and was brought up
from that institution. Attorney j. G.
English, as counsel for Galbraith, asked
the court to instruct the witness as 10
his constitutional rights about answer,
ing ions which a1ip ht tend la n
criminate himself Mr.. Haldorn said
that If the witness desired to know what
his rights were he should himself de-
mand the same and that he should an
swer the questions until an answer was
demanded that would injure his own
case. Judge Mcconnell argued that the
witness should be allowed to refuse to
testify, ii he thought his testimony
would be injurious to himself. The
matter was argued on b0th SIDES ana a
small passage of curt retorts occurred
between Mr.. Haldofn and Judge No
Cornell. The court said that the wit
ness had already given testimony in a
preliminary examination and he would
like to know why he now declined to
answer.
Mr. Trippet then proceeded with his
questioning and the witness said that
his name was Clark Scott Galbraith;
that he was 46 years of age; that he
had been born in Atchison, Kansas:
that he came to Montana two years ago
from Washington; that he had known
Gnose for about two years; that he had
been in jail since October; that he had
been employed by the Copper City Com
mercial company Asked If he remem-
bered the END day of September. he
said he could not remember it. Neither
could he remember where he was on
that date. He was asked il on the END
day of September he had hauled any
goods to J. b. Gnose. During the put
ting of all of these questions Mr.. Rod
gers was on his feet and objection after
objection was made. The court told
tim to answer the question, and Mr..
Mcconnell asked that an exception be
noted. The court said that he had tes-
titled before and should do so now.
Mr. Trippet asked him If he did not
testify in the case at the preliminary
hearing. MIR. Rodgers again objected
The witness could not remember: he
thought he had, but he was not sure
Mr.. Tfippet asked him who was present
at the preliminary examination; he did
not remember Was Mr.. Tfippet there
he did not remember. Was Mr.. Rod
gers there-he did not remember. He
did not remember being i'll the court
room.
Mr.. Mcconnell then got up to define
his position. Among other things he
said that testimony coerced out of the
witness by the power of the court was
not competent. and that IL Was no rea-
son because he had testified in IA pre-
liminary examination that he must
testify in this case.
The court then ordered Calbraith sent
back to Jail and told the bailiff TO take
charge of the jury After a few mo-
ments OF silence Galhraith was brought
into court again. He was asked If he
had been drinking. lie said that he
had Asked who gave him the liquor
he said that j. T. Bragg. a special Off
Ger. had given Ii TO him in the jury
room. He had drunk nearly half o
pint: he had had no liquor before for
six or seven weeks. Bragg had taken
the bottle away with him. Asked by
the court when he had concluded not to
testify. Galbraith said that he had
asked MIR. English about il, and the lat
ter had told him ne had better not.
Asked by MIR. Trippet if he had not told