The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-23
he DISMISSED THE CASE
The Preliminary Hearing of Edith
Sommers Of Galena Street.
FOR ROLLING M'ALLISTER
Judge Lsurandeau Held Tha There Was
Not Sufficient Evidence to Connec
Her With the Robbery She
Was Rearres.ed.

The preliminary hearing of Edith
Sommers, the notorious Galena street
CRATER. accused Jointly with a colored
woman, May Davis, of robbing John
McAllister Of $145 about two weeks ago.
was held yesterday before Justice of
the Peace K. J. Laurandesu. Accord
ing To the evidence of the principal wit
ness, while McAllister was being enter
tanned by the Davis woman the defend
ant came in surreptitiousiy and went
through his clothes. Justice Lauran-
deau considered there was not sufi-
cient evidence against the defendant to
warrant binding her over. and dis
missed the case of grand larceny
against her. The prosecuting officer
ordered her rearrested on the same
charge. Deputy County Attorney Stiv-
ers appeared for the state, and Attorney
j. L.. Wines for the defendant.
John McAllister. the complaining wit
ness. was first called. He testified that
about two weeks & he visited the re-
sort of May Davis, the colored woman
in the case. After leaving there he dis
covered he had lost S45. He went back
and demanded his money, but she
claimed she hadn't 1t. He went
to the Butte hotel. and in
conversation with a friend told
him of being robbed. The friend
suggested searching the rest of his
pockets to see IL he had lost any more,
and on looking in his inside pocket,
where he had 500 in a purse, he found
that was gone also. He CAV no tes-
timony to connect Edith Sommers with
the robbery.
May Davis, the colored woman,
,b,roal taintlxy xrstl, A.. lfo,la-t .-a,
the next witness. She testified very re-
luctantly. but under pressure of Mr..
Stivers' questions she said that the night
the robbery was committed she COM
planned that business was dull to Edith
Sommers, and the latter Said she would
watch, and when the Davis woman got
a man she would come i'm for her."
Witness was not allowed to explain the
meaning of this expression, but it means
that the woman would watch
her opportunity and go through the
pockets of the Davis woman's GUS
toner. Witness met Edith Sommers
subsequently to McAllister's visit. and
was told the defendant had gotten s45
from McAllister's pockets. She said
she received s35 of the money from the
Defendant, and gave IL to Thomas Bran
ard. her landlord, but subsequently re-
turned $50 of il. The cross-examina-
tion by Mr.. Wines only resulted i'm cor
roborating the witness direct testi-
mony.
Mr.. Stivers announced that the state
closed. and Mr.. Wines moved for a dis
missal. Mr.. Stivers opposed the motion.
holding that the defendants admission
to the Davis Woman was sufficient proof
of her guilt. Mr.. Wines held there was
no evidence against the defendant. as
the prosecuting witness had himself
confessed he had not seen the defend
ant the night of the robbery. Justice
Laurandeau informed Mr.. Wines hat
IL ne had any testimony to offer he de-
sired to hear 1t, but the defense did
not wish to put in any evidence. n
Justice Laurandeau dismissed the case.
Mr.. Stivers Immediately ordered the
defendant rearrested, and said an in
formation would be filed in the district
court against her.