The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-05
ABOUT THOSE FARO CASES
The Prosecution Compelled to Re-
linquish It's Firm Hold.
THE CASE WAS DISMISSED
Constable Boyce. the States Chief Wit
ness, Fails to Appear in Court,
So Justice Burns Dismisses
the Mat ter

| ling cases slipped up yesterday. Judge
| Laurandeau, in the afternoon. passed
on the alleged conspiracy cases against
| Harry Woolrich, Henry Albertson and
! jerry Clifford and discharged the ac-
| cused and later in the evening Judge
| Burns of South Butte dismissed the
| gambling case against Mike Moore,
Joseph Engel and Julius Levy because
Constable Boyce. the states chief wit
| ness, did not show up and the county
attorney was left without evidence
| against the defendants The case
against Ed Bynum and man named
Carlton is still pending.
me conspiracy case against Wool
rich, A1bertson and Clifford was tried
before Justice of the Peace Lauran-
deau last Friday. the evidence. as read
ers of the Standard will remember be-
ing TO the effect that one David Hold
nett lost lot of money at a faro game
alleged to have been conducted by AL
bertson. and believing that he had been
robbed. he made complaint to the
county attorney and afterwards made
the plea that he had been mistaken and
had lost the money For this contra
diction he got 500 of his money back
and then he told the whole story to the
county attorney how he had been in
duced. by Albertson. Woorich and Cliff
ford. to take back the original story
IN consideration of getting back part of
his money. Proceedings We're then
taken against the three men for con-
spiracy to defeat justice.
After the trial on Friday an adjourn
ment was taken until yesterday after
noon to give the court stenographer
time to transcribe the testimony. which
was yesterday read over to the wit
nesses in the presence of the Judge and
was then signed by them after which
Jg-f ri
the defendants on the ground that the
evidence was not sufficient to.hold them
to the district court. Mr.. Connolly the
chlef deputy county attorney stated
last evening that the matter would not
be allowed to go at that. but what other
steps Will be taken has not yet been de-
termlned on. 1t is probab bic that an in
formation will be filed against the three
men in the district court
Phe gambling cases against Joe En-
gel, julius Levy and Mike Moore had
been set for trial in Justice Burns court
at o'clock yesterday afternoon, having
been continued over from the day pre-
vious. The states chief witness was
Constable Boyce. the officer who made
the arrests and who. more than any
other officer. has been conspicuous in
the gambling cases since the agitation
against the law breakers has been GO
ing on.
At 10 minutes after 5 o'clock yester-
day afternoon Mr.. Connolly had a con-
versation with the constable and the
latter told him he would be at Burns
court at O'Clock. He also told Mr.
Connolly that he had been unable to
find Sam Harris another material wit
ness for the state, but thought that if
the trial was continued he could get
other witnesses. He Informed Mr.. Con-
molly as to the nature of the testimony
he might be able to get and Mr. Con-
molly did not think it would be worth
much and left the constable with the
understanding that he would be on
hand for the trial. but he did not put
in an appearance. although they waited
for him until $50 O'Clock.
Nj. l.. Wines. counsel for the defend
ants. insisted on going on with the trial
or that the accused be discharged
County Attorney Stapleton asked for a
continuance and explained the position
he was in on account of Boyce. Mr..
Wines said that two of his clients |
wanted TO leave town to engage in their |
occupation elsewhere. He said the |
county attorney had done so much
good, at least by his actions, that the |
had come to realize that the |
anti-gambling law was constitutional |
and that the authorities would no long |
er wink at its violation. That ought to |
be some satisfaction to the prosecuting |
attorney. Mr.. Wines said there had |
peeIl du agreement ana understanding !
with the county attorney that the case |
should be tried at o'clock yesterday.
and IT was not the fault of the defend |
ants that the state did not have its evil
dence ready.
County Attorney Stapleton in reply.
said there was sentiment in the COM
munity against gambling and he let the
responsibility of discharging the de-
rest with the judge
Judge Burns did not consider that the
state had made any showing upon
which another continuance should be
granted and he ordered the discharge
II the three defendants. The Judge
afterwards said that if the county at
torney was afraid to take any respon-
sloillty he was not. but declared that
he case against Carlton and Bynum
would be set off far enough for trial so
hat the state could be ready and there
would be no ground upon which to ask
Tor any more continuances. Bynum
and Carlton are both out of town. hav-
ng been called away by sickness.
The Fortune Teller