Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-24
WOULD NOT STICK
Trial of an Alleged Murderer
Clicked Off.
THE JUDGE GIVES REASONS
For Sustaining a Motion to lnstruc
the Jury to AcQuit the
Prisoner.
THE JUDGE GIVES REASONS

Another Butte murder has gone I'M
a~venged-while the victim of an assas-
sins knife lies in his grave the authors
of his eternal silence walk the streets
with no one to modest them or question
their right to that freedom of action
which they are enjoying.
In department No. II. of the district
Skoflanc, one of the Austrians charged
with the murder of Joseph Zagor at an
Austrian dance on the Parrot Flat on
Christmas night, was brought to an alb
rupt termination by the judge instructing
the jury to return a verdict of not guilty.
The trial was commenced yesterday
morning, and a number of alleged wit
nesses We're examined during the day.
They were all members of the Austrian
colony and attended the grand ball at
which the murder occurred. They testified
that they had seen at the dance Zagor,
the victim; Skotlanc. the prisoner on
trial; Schmolz, a second prisoner await
ing trial for participation in the affair,
and Joe Toni, the one that escaped had
heard conspired mutterings of the pro-
posed contamination of the crime; had
seen knives exhibited prior to the murder;
had seen the lights turned out, heard the
scuffle of the participants in the affray
and the rattle of flying bottles, clubs and
stones; had seen Zagor and his wounds
after the affray and almost heard the
death rattle in his throat, but not one had
seen the fatal plunge of the knife.
When court convened Mr.. Connolly the
county attorney, stated that he under
stood the court was of the opinion hat
the case was not of sufficient strength to
be allowed to go to the jury. In view of
this he would state to the court that the
strongest testimony in behalf of the state
had been introduced with the exception,
perhaps. Of the statement made by Zagor.
the victim of the murderers. which he be-
lieved to be a part of the res gestae. it be-
ing to the effect that he had seen a knife
in the hands of Skoflanc, the prisoner on
trial. Call of the testimony" said he, lis
cumulative. In order to save time l make
this statement now so the court may gov
ern itself accordingly"
In answer to these remarks Judge
Clancy said:
well, this man may be guilty, but of
course it will not do to onvict him on
suspicion. If you cannot get any stronger
evidence than you have I will have to
turn him loose. If this case should go to
the jury and they should convict him I
would have to set aside the verdict and
if I did not the supreme court would. OF
course you gentlemen (meaning the cOun-
ty attorney and his chief a~ssistant) do
not prosecute through v~indictiveness and
it would certainly be vindictive to pursue
this man any further. l think you had
better dismiss the case. These Austrians
nrohahlV did NOT fell the whole tr11th
about this transaction. They are a good
deal like the Indians they have down at
Fort Smith, Ark. They (the Indians) all
get together and get drunk and then hey
stand in together and protect the man or
men who do the fighting. We used to put
them in Jail and keep them in a long time
and then the would tell all they knew.
These Austrians are good citizens, but
like other natiOnalitieS they ave bad
citizens among them. They get full Of
whisky and then fight and then try to
screen each other. They do not under
stand our theory of gOvernment-that
each man is a peace officer. l do not
think it is worth while to go on further
with this case. There are some suspicious
circumstances in connection with it, but
1 do not consider the conspiracy estab-
lished. There is some testimony smacking
of conspiracy, but there is not such a de-
gree of evidence as would cause the court
to sustain a verdict by the jury; and if
they should bring in a verdict of guilty
the court would set it aside on account Of
the opinion it holds. Section 2096 of the
penal code provides a method for making
this motion. Mr.. Connolly, you a bet
ter make a motion to DISMISS"
In reply Mr.. Connolly said: II have no
desire to dismiss the case, no: would it be
proper for me to do so considering the
views / hold"
Mr.. Kirk, one Of the attorneys for the
defense, then moved for a dismissal, bas-
ing the motion on section 26 of the penal
code. He asked the court to instruct the
jury to bring in a verdict of not guilty.
The court sustained the motion. and
John S. Clapp, foreman of the jury, sign
ed the verdict.
After Skoflanc had been turned loose
three of the Jurors stated that in their
opinion the testimony introduced was
strong enough to convict the prisoner and
he certainly woul have been convicted.
The county attorney was not pleased
with the result of the case and openly ex-
pressed his feelings in the matter. He
said that a conspiracy to murder Zagor
had been shown and the law on conspir-
acy was plain enough. Section Al of the
penal code says:
All persons concerned in the commits
sion of a crime, whether it be felony or
At Meal Times