The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-05
ANACONDA NEWS.
IN THE DISTRICT COURT
A Jury Finds Frank Hill Guilty
of Larceny.
IN. THE REFORM SCHOOL
1t Will Not Be the First Time He Has
Served Term-One of the Wit
nesses Was at First Afraid
to Testify.

Judge Woody the case of the state VS..
Frank Hill, charged with grand lar
ceny, was finished and given to the
jury, who returned verdict of guilty,
leaving the sentence to the court with
a recommendation of mercy.
From the evidence given it was
shown that on Dec. % Claude Wei
meyer was employed at the restaurant
of Walter Webbing ON Main street be-
tween Front street and Commercial
avenue, near the "A to l. saloon. On
the evening of the 25th, between and
s O'clock, Mr.. Webbing went off SHIFT
and left his wife in charge of the res
taufant. At the time he left he count
ed the money on hand, which was i'll
the neighborhood of $3.50 in silver.
Mrs. Webbing also counted the money
in the box and found the same amount,
and during the evening she had occa-
sion in the course of business to put
So more in the box, making $3.50. These
facts were sworn to positively.
Between IL and ! O'Clock on the night
of Dec. 26, the box, which had been
placed on a table, was missed. CLAUDE
Weimeyer, boy working in the kitch-
en-, was also missing, and suspicion at
once fell upon him. The next morning
Mr.. Webbing filed a complaint against
Weimeyer, and the warrant was placed
in the hands of Assistant Chief of Po-
lice O'Brien, who apprehended Wei
meyer and Frank Hill in the city of
Butte. He found that they had spent
considerable money in Butte.
They We're brought back to Anaconda
and given a preliminary examination,
at which they did not deny the theft,
but contended that there was only $40
in the box. AS result of the exami-
nation the two boys were held over to
the district court. Attorney Casey
appeared for Hill and made a vigorous
1nfA For l.
contention during the trial was as to
the admission of the confession Hill
made at the preliminary examination,
which was finally admitted, after
which a rather strange incident oc-
CURED. Claude Weimeyer, who has
the appearance of being only Is or is
years old, but who has Just turned 49,
was put on the stand by the county at
torney. He startled the county attor-
ney and others who had heard him tes-
tlfy at the preliminary hearing, by
testifying that Hill knew nothing of
the stealing of the cash box dntil after
the property had been taken, and that
he knew about the theft only after they
had left Anaconda when the box was
opened about a mile from the town. He
was Immediately taken from the wit
ness stand and sent back to Jail.
Following this the county attorney
had conversation with the father of
Claude Weimeyer, who lives at Living
ston. Mr.. Weimeyer stated that his
son was frightened and was afraid to
testify, believing that Hill, If he should
be kept in the same cell with him.
would do him some injury. County
Attorney Trippet had Claude Weimeyer
brought back into court, and after a
statement of the case, Judge Woody
ordered that Weimeyer be placed in
another part of the Jail. so that he
would be in no danger of any injury
from Hill.
Weimeyer then testified that the
reason he had testified as he had was
that he was afraid of his life if he re-
manned in the cell in which Hill was
confined. He then proceeded to state
the facts in connection with the steal
ing of the money from the restaurant
He said that while working in the res
taurant he had seen the money and
had told Hill and talked to him about
1T. After discussing the matter Hill
had told him to take IL when an on
portunity presented itself. Weimeyer
then returned to the restaurant and
getting a chance took the money and
Immediately left Anaconda for Butte
in company with Hill.
1t further appeared that the two
young men had known each other in
Livingston and were companions in
Anaconda.
The jury after being out two hours
returned a verdict finding Hill guilty
OF grand larceny. leaving the penalty
to be fixed by the court and recon-
mending mercy on account of the age
of the defendant.
While Hill was on the witness stand,
in response to an inquiry by the coun-
ty attorney, he said that he was only
II years old and that he never had been
in the reform school in Montana While
the examination was in progress a let
ter was placed in the hands of the
county attorney from B. c. White, one
of the directors of the reform school
at Miles City, in which Hill was men
toned as having been in the reform
school at that place. A description was
given of him, which correspondent al
most exactly with the defendant so far
as build. eyes, head, teeth, ETC.. were
concerned. A scar only was missing.
Hill looks to be Il or % years old.
The court has not yet fixed a time
for imposing a sentence. The case
against Claude Weimeyer will be post
poned until the return of Judge Brant-
1y. when some special disposition of it
VIII be made, owing to the extreme