The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-27
FROM BUTTE TO BILLINGS
Mr.. Oliver Takes a Trip Much
Against His Will.
HE'S AN EXTRA BAD EGG
Granted New Trial Because of a Slip
of the Presiding Judges Tongue.
Case Dismissed Because the
Witnesses Vanished.

C. NJ Oliver. who on Feb. 10. 1897. was
convicted and sentenced to three years
i'm the penitentiary for holding up and
robbing several men in the Push sa-
LOOM and who afterwards was given
new trial by the supreme court, vas
yesterday discharged on motion OF
County Attorney Stapleton, but he was
almost Immediately rearrested on a
warrant charging him with breaking
iail at Billings several years ago. OH
ver's case was called by Mr.. Stapeton
directly after the Franey trial had been
adjourned for the noon recess ollNer
was engaged in shaving himself when
summoned by the bailiff and he was
brought into court with one side OF MS
face shaver clean and the other wear
ing short growth OF hair. OliNer had
an idea that his appearance was very
funny and he laughed all through the
proceedings. In his motion Mr. staple
ton said he Is informed and believes
that j. c. Miller and other witnesses
used on the first trial of the above case
have left the state of Montana ana
their presence cannot be secured again
for another trial of said case. and that
John Ball. the chief witness Tor the
state in said case for whom this court
issued an attachment, has never been
found: and he believes that 1t Will be
impossible to secure a conviction of the
said defendant upon the evidence
which can now be produced in said
case"
Mr.. Stapleton added that Sheriff
George A. Berky of Yellowstone county
was waiting for Oliver, whom he
wanted on the charge of jail breaking
Judge Clancy thereupon made an order
discharging the young criminal and he
left the court room laughing, but as
he approached the stairway Under
Sheriff Murphy stopped him and served
q warrant for his arrest Oliver read
il through and then passed it to his
counsel. Mr.. Thresher. who also pc
rused it, and then Oliver was escorted
back To jail
Half an hour later Sheriff Berky
called for him and after Handwriting
him started with him for Billings. Oil
Yer protested against the handouts and
tried to assure Mr.. Berky that he
would not try to get away, but the
sheriff told him he did not mean TO
take any chances and Oliver got very
ugly. He threw away the hat fur
nished him by Sheriff Regain and swore
he would wear none. 1t was replaced
but when he got out on the street he
threw it away again and he was al
lowed to go bareheaded after that.
The chances are very good that Oil
yer will spend year or two more in
the penitentiary before he will be able
To enjoy his alleged fortune of $4,000,
which, he claims, is awaiting him IN
Connecticut by the death of an uncle.
Since the time he broke Jail at Bill
ings Oliver served a year in the peni-
Tertiary for grand larceny committed
in Yellowstone county. When he was
released from the penitentiary he came
to Butte and was here only short
time when he was arrested and con-
victed for the Push saloon robbery.
The strongest evidence against him
was the fact that the gun. an unusual
size and make. and the handkerchief
used as ). mask. were found on him
when arrested. The court. in instruct
ing the jury, said the possession of
these articles was strong circum-
stance of guilt and for the use of the
| word strong" the supreme court
| granted a new trial. A friend of Oil
Yer. also in Jail. made a statement a
few days ago of the alleged facts of
! the robbery. He said that Oliver did
! not do the job but that he furnished
| the gun and disguise to another man.
! who did the work and that these arti-
| cles had just been returned to him
! when he was arrested
| Just before Oliver was arrested for
I grand larceny in Yellowstone county
| he had taken part in a postoffice rob-
! berry. also in that county, but his iden-
! tity was not established until after his
conviction for grand larceny. and since
! then the witnesses to the postoffice rob-
berry have died and for that reason the
| government authorities do not want
! him now.
The report that Oliver had fallen heir
| to fortune has been pretty we'll es-
| tablished to be a fake started by him
! self.
/