The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-08
DISTRICT COURT.
Three Prisoners Were Released From
Custody.

| Custody.
Great Falls, Dec. Three prisoners
with criminal charges against them
| We're to-day released from custody I'M
der the ruling of the court that the
| law does not allow the testimony Of
an accomplish to convict, when there
| is no other evidence to corroborate.
The first case was that of J. W. Nc
Kay, who has been before a jury for
two days past on the charge of endeav-
oring to get away with four head Of
cayuses The testimony of the prose-
| cution rested on the evidence OF Claud
| Van CleVe, boy who alleges he helped
| Mckay brand the horses, and acted as
| assistant In their confiscation. Yester-
| day evening Attorneys Brady and Free
! man, counsel for defendant, moved the
court TO instruct the jury to find YER
| dict OF not guilty, on that ground that
| the evidence connecting Mckay with
the stealing was that of an accomplice.
Judge Leslie took the matter under ad-
visement and this morning instructed
| the jury to bring in a verdict of not
guilty, as asked.
| The case against William Nevins, ac-
| cused of the same crime, in collision
with Mckay, and whose trial was to
have come later, was ordered dis
| missed by the county attorney, as the
evidence would have been the same as
in the case of Mckay
The case against Dutch George
Schwabel. was also on motion Of the
county attorney dismissed, as the evil
dence in his case also would have to
be furnished by an accomplice, Jack
Donaldson, who was a few days ago
brought from the penitentiary at Deer
Lodge for that purpose.
Schwabel and Donaldson were ar
rested several months ago for stealing
bundles of barb wire, a buggy ana
numerous other articles, which We're
found on Schwabel's place on the south
side, concealed very cleverly, much of
it being buried in Schwaber garden,
and crop of vegetables growing above
them Donaldson. when arraigned,
pleaded guilty and was given one year,
which it now seems was a most .unfor-
tunate action on his part ,Schwabel
has all along maintained he knew moth
ing of the stolen articles. and as the
evidence against him would have to be
furnished by accomplices, the county
attorney ordered his discharge under
the ruling Of the court.
OF course the officers feel sore to
think that their work in the case has
been done for nothing, but their feel
ings in the matter is nothing to that
of Jack Donaldson, who pleaded guilty
and was given a year for a crime for
which his accomplices now goes free.
He feels that in some manner he has
been buncoed and will put in the ball
ance of his term in studying up crimi-
nal law.
The decision of Judge Leslie in the
cases quoted is in accordance with the
decision of the supreme court in the
case of the state VS.. Geddes, from Miles
City, for murder in which it is laid
down the doctrine that not only must
the evidence Of an accomplice be cor
roborated there must be evidence be-
sides that of one accomplish to show
there has been a crime committed.
In the suit of Nellie Murray VS.. John
P. Dyas and George Steele, default of
defendants was shown.
c. Z. French, William Brown and
John Ball were excused from further
attendance as jurors during this term
of court.
The case of the city of Great Falls
VS.. Thomas Grady, was set for next
Tuesday.
The Montana Brewing company in
stituted suit against Barbara and
George Leschantz to foreclose a mort
gage on lots and 10, in a block in
the townsite of Belt. The mortgage is
for $495S0 and 10 per cent interest
from June. 1895, and an attorney fee
Of $500.