Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-27
A POINT SCORED
the Defense In the DeLySle
Forgery Case.
MARSH TURNED LOOSE
The Prosecuting Witness Has Gone
Abroad Other Important
Court Business.

The trial of the case of the state against
Fred DeLysle, alias Frank Brown, charg-
ed with forgery, was commenced in Judge
Clancy's court this morning. The pfis-
oner was represented by Makel & Breen;
the state by Messrs. Connolly and Kelly.
When the matter was called the prosecu-
ton asked for permission to endorse the
name Of Howard Mckenty on the infor-
nation and in so doing stated that Me-
kenty was only a boy: that he had been
mixed in the affair with DeLysle, but on
condition that he would tell what he
knew about the transaction his pathway
through the trouble had been streWn
with promises of an easy let down. The
defendants attorneys objected to the
proposed endorsement. saying that Nc
Kenty had been present at the prel1mln-
airy hearing. had been in Jail right along
since last April and it was not right to
allow him to testify. Mr.. Breen said that
several months ago the Inter Mountain
had published an article stating that Me-
Kenty had placed the county attorney
office in possession of information in con-
nection with the forgery. but an attempt
to investigate the matter had resulted in
a statement to the effect that there was
nothing in it. For this reason he had
not c~ndeavored to ascertain whether Nc
Kenty intended to be a witness for the
prosecution.
The Judge, however. thought the attor-
neys for DeLysle had ample opportunity
to learn Of the position McKenty would
assume and allowed the name OF the
young man to be endorsed.
1SIa i,rx, So1acfaH cnrnnriCa6 EVAN Her.
bert, w. H. Winters, William Murrish,
Edward Temby. Hugh Murphy, J. r.
Mckenzie. Thomas Trewin, NJ. J. Dunn.
Thomas Rowe. James Gavin, Sam john
son ard John Odgers.
]. X. Heslet. whose name had been
forged to the bogus $40 check, alleged to
have been passed on Grant Bartlett at
Bakers restaurant on April %, was called
upon first to give testimony, but when
the first question was asked Attorney
Makel objected to Mr.. Heslet telling any
thing he knew for the reason that II had
rot been shown he had money on deposit
in the bank of Clark Bros. on which in
stitution the check had been drawn, at
the time Of the alleged forgery. Makel
maintained that if the name of one man
was signed to a check by another II the
man whose nam was so signed had no
money on deposit in the bank on which
the check was drawn, it was not forgery.
He quoted authorities to bear him out in
his assertions, and under the interpreted
ton of decisions in similar cases charac-
terizeG a check of the nature in question
as being nothing more than a common
order.
II replying to the defense Mr.. Connolly
said the authorities read by Mr.. Makel
applied to a warmer climate, not this cold
altitude. He. too, cited authorities. At
the end of the controversy the judge
said:
We'll, don't like to dispose of the
case in this way. l think if Mr.. Heslet
had money in the bank and this fact was
set out in the information it would be
ali right. | don't like to have wrong
doors escape punishment, but I believe
the position taken by the defense is right
and l will sustain the objection
We ask for the discharge Of the pris-
oner," said Breen.
Hold on said the county attorney.
I'VE take an exception to the ruling Of
the court and ask that the defendant be
held until we can file an information
against him-we nave half d dozen
charges hanging over him."
And DeLysle was returned to Jail until
tomorrow.
]. P. Collins, the public administrator,
was appointed administrator of the es-
tate of Robert Elberdins, insane, by
Judge Lindsay today. His bono was fixed
at $40, 600. Ike Morehouse withdrew his
application for the appointment.
The trial of the city of Butte against
l.. E. Cook and his bondsmen to recover
Judgment for a sum OF money equivalent
to an amount paid to Margaret Joyce by
the city in settlement of a judgment she
obtained for injuries alleged to have been
sustained by falling into a trench,
for the digging of which Cook had the
contract, was resumed in Judge Lind
says court today, a point in connection
with the testimony which came up last
Friday and taken under advisement haV-
ing been overruled by the judge.
Judge Clancy, at the request of the
defendants attorney, made an order to-
day requiring the plaintiff in the suit of
Frank H. Cooney against the Hammond
Packing company to furnish the defend
ant with a copy of all correspondence
that has passed between plaintiff and de-
PENDANT in reference to the business over
which the suit arose. Cooney is suing on
an alleged view Of contract.
! The charge of grand larceny preferred
against Burt Marsh a few months ago
at the i~nstigation of a man named Jones
was dismissed III Judge Clancv court
today and the defendant walked from the
court room as free as lots of other men.
The basis for the dismissal was the allie
gation that Jones had gone to England
and would not be on hand to testify at
the trial, which had been set for today.
The specific charge against Marsh was
that he had, as an attorney mot a men,
her of the BARI brought a damage sui,
for Jones against another man. then com
r,ro1air1I h. nd 1.,,A H. Lean.
enc of the result without Jones knowi-
edge.
John n. Olson. Music 'Ieachei and Or