The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-17
He HAS A STRONG CASE
An Information Will Be Filed
Against Janeksela.
He WAS GIVEN A HEARING
It Resulted in Dismissal OF the Case,
= but Rearrest Was Ordered by
:. : the County Attorneys
4 Office.

The preliminary hearing for assault
In the second degree against Jacob
Janeksela and Jacob Maxi for stabbing
Con MAXI on Dec. % last, which had
been postponed several times owing to
finally held yesterday afternoon, be-
fore Justice Harrington, resulting in a
dismissal Of the case and the re-arrest
of Janeksela by order of Chief Deputy
County Attorney Stivers, who stated he
regarded the case against Janeksela as
Especially strong, and that he would
lille an information direct in the district
ssseourt. The assault out of which the
prosecution grew occurred at the Col
den Gate saloon in East Park street,
the morning of Dec. %. Con MAXI, Jacob
Maxi, no relation, and Jacob Jeneksela
were engaged in a card game. There
was row and Con Maxi was stabbed
Just below the groin. Yesterday was
sthe first time he has been able to ap-
pear in court. The case was prosecuted
by Chief Deputy County Attorney Stiv-
ers, and Attorney J. C. Bachelor ap-
peared for the defendants
Con Maxi, the complaining witness,
testified that he and the two defendants
Were playing poker. He beat Janek-
,sssela in good sized jack pot and Janek-
@ssela tore up the cards and threw them
in witness face. Words followed and
he was attacked by the two men. They
were finally separated and Jacob MAXI
went out behind screen in the front
part of the saloon. Janeksela followed
and then came back and attacked the
ha1
when 1t was over, he found himself cut.
He lost SO much blood that he fell un-
conscious. When he recovered con-
seriousness he was in the hospital. He
did not see a knife in Janeksela's hand
but he had no trouble with anyone but
the defendants.
Gus Hyberg saw the whole affair. He
told of the game of poker and said that
when Janeksela tore up the cards he
got up from the table and said he could
lick" any man in the house. The men
were close together and Con Maxi or
someone, gave Janeksela push There
was mix-up in which all three were
engaged. They were separated and
Jacob Maxi went behind a screen
Janeksela went to Jacob MAXI and
asked him for his knife. Witness heard
Jacob Maxi say no Janeksela re-
turned and struck Con Maxi. He ap-
peared to strike him in the back After
"a scuf1le, Janekssla ran out of the saloon
followed by Con MAXI who accused
Janeksela of having cut him. Witness
did not see any knife but from the fact
that Janeksela ran, those in the saloon
supposed he did the cutting.
' Matt MatSon saw the fracaS, as did
Andrew Palloa. They repeated the story
told by Hyberg, adding only that at the
beginning of the trouble they saw Jacob
Maxi take knife out of front pocket
hi ,tg1n md NIT ", h IL, h Nv,
pocket and keep his hand on it.
DR.. Hagen Burger testified to attend
ing the injured man. The knife wound
was a dangerous one and might have
proven fatal in different ways. The
state rested.
Jacob Oscar Make, one of the de-
PENDANTS, was called after a motion to
dismiss had been overruled. He was
asked If he struck or cut Con Maxi.
He said he did not and denied taking
out his knife at anytime during the
fight. ross-examned the witness said
he knew Con MAXI was cut, but he did
not know how he got cut. He denied
saying in the presence of Officer Curley
that he saw Janeksela cut Con Maxi
He admitted that when he went behind
the screen Janeksela asked for his knife
but he refused to let him have it. All
the witness knew at this point was that
Janeksela ran out in the street shortly
afterward and Con MAXI followed, ac
cusng him of having cut him. Janek-
sela did not have witness knife at any
time.
Jacob Janeksela, the other defendant,
also denied striking Con Maxi with any
sort of a weapon He then told his
version of the fracas. The game started
early. After a time witness sat in He
cashed in about 4 O'Clock in the morn
in. At that time he was asked to take
Q.,s~ I, ~ II, In
and coming back dropped into the sa-
loon again and took another hand. He
got bad hand and tore up the cards.
but did not mean to throw them into
Con Maki's face. He got up and started
to leave the saloon and Con MAXI struck
him with his left hand Witness turned
around and Con Maxi had knife in
his right hand and slashed at witness,
cutting a slit in his coat, which he ex-
hibited. The two finally separated but
came together later near the screen,
and witness got Con MAXI over some
chairs and he believed Maxi cut himself
at that time. Witness denied having
ever had similar scrape, on cross-ex-
animation, admitted having been pre-
viously convicted, denied having told
police officers he cut MAXI in self de-
Tense. and admitted asking Jacob Maxi
for his knife, but said he did not get it,
Samuel Nixon was called to testify
to Jacob Maki's good character, which
he said was good.
Police Officer Torpey was called in re-
buttal He said Jacob MAXI told him
at the time of his arrest that Janeksela
had done the cutting. Witness and Of
ficer Curiey went and arrested Janek-
sela and he said he did the cutting, but
did 1T in self defense. Officer Curley
sgave the same testimony.
In the arguments Mr.. Stivers held
that the case against Janeksela was
conclusive and that Jacob Maxi having
by his actions proven himself an acces-
sorry, was equally guilty.
Mr.. Bachelor held there was not suf-
ficient evidence to warrant taking the
case before a jury in the district court
and at the conclusion of Mr.. Stiyers' re-
ply. Justice Harrington dismissed the
case. Mr.. StiTers at once ordered Con-
stable Harrington to re-arrest Janek-
sela and he was taken back to Jail.