The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-23
State Could Make Nothing Out of
Her es Prosecuting Witness.
KELLY is LET DOWN EASY
Wife-Beater Escapes Heavy Sentence
by Reason of the Condition OF
His Family-Promses
to Be Good.

IN Billings few days ago and brought
back to Butte to answer to a charge
OF grand larceny preferred by Mrs.
Alice Briggs, were given hearing be-
fore Justice Nichols yesterday after
noon. and, owing to the apparent efforts
of the prosecuting witness to shield the
defendants, the state was unable 10
make out case, and the defendants
were discharged. Roy S. Alley, assist
ant prosecuting attorney, appeared for
the state and John B1oor for the de-
Tense.
Shortly before the time set for the
hearing the prosecuting attorney learn
ed that Mrs. Briggs, the prosecuting
witness, had SO far relented of her in
tention to punish the defendants, and
particularly Spalding, that she had
been sending the latter meals to the
county Jail and also retained Mr.. Bloor
to appear and defend Spalding. Little
was therefore expected of Mrs. Briggs
in the way of prosecution, and the ex-
pectation was fully realized by her tes-
timony. She testified as to the loss of
the property, but could give no values
whatever. She admitted telling the
prosecuting attorney that the watch
and chain and coat were worth $50, but
said she just thought" SO. She knew
nothing whatever of the larceny of the
articles. She was then asked if it was
not fact that she had retained an at
torney to defend Spalding. To this Mr..
Bloor strenuously objected, but Justice
Nichols remarked that as he was not
appearing for Mrs. Briggs and as it
was an important matter to the state
to be protected from persons bringing
srounGless prosecutions and from
shielding defendants that he would al
low the question to be asked Mrs
Briggs then answered in the negative
She stated that Mr.. Bloor was her at
torney generally, but that she had not
retained him in this case. In answer 10
another question by the prosecuting
attorney, she admitted that she had
paid Bloor money yesterday, but said
that it was on another account.
Mrs. Julia Graham was called, but she
knew nothing of the case except that
she saw Spalding going into the room
where the stuff was located on the
night of the robbery.
John Bloor was then sworn by the
state and asked whether or not he had
been retained by Mrs. Briggs to defend
Spalding. Il refuse to answer; the codes
give me the TlSHt 10 reIuSe TO TESTIFY,
said Bloor.
But you have stated, that you are
not Mrs. Briggs attorney in this mat
ter, and therefore you will violate no
professional confidence in answering"
said Justice Nichols.
Il decline to answer the question l
am Mrs Briggs attorney generally, but
as to whether she retained me in this
case L refuse to answer" again said
Bloor.
Answer the question:" said the JUS
tice with emphasis.
1t began to look as though something
would have to tear loose somewhere
about that time, and the justice seemed
to be convinced it would not be him.
when the prosecuting attorney came to
the rescue and stated that he would
not insist on an answer, and the wit
ness looked immensely relieved
Mr. Alley then requested that the
defendants be discharged and proceed
ed to state in choice but emphatic lam
guage his opinion of Mrs. Briggs. He
said she has entirely gone back on
her story and put the state to a great
expense in the matter, and that she
action.
Justice Nichols then discharged the
defendants and taxed tie costs
amounting to some $3.50, to Mrs. Briggs.
Another case having peculiar in
terest was heard by Justice Nichols
yesterday. 1t was the case in which
Patrick Kelly was cited a few days
ago to show cause why he should not
be placed under bonds to keep the
peace. Its peculiar phase was that be-
fore the case ended the prosecuting
officer. Deputy County Attorney Roy
S. Alley, after convicting the defend
Dli in, f1,1 1C,,r
ton of intercedng with the court to
exercise clemency toward the man he
had proven guilty. 1t was another
OF those cases in which Deputy Alley
has demonstrated his capacity for
handling criminal prosecutions with
rare good judgment
The hearing opened on the affidavit
in support of the petition to have the
defendant placed under bonds Kelly
was charged with extreme brutality
toward his wife and children and
threatening to kill the whole family
The evidence clearly proved all the
allegations and more, for it showed
that Kelly had conducted himself in
most outrageous manner toward his
family. At the conclusion of the TAX
ing of the testimony Mr. Alley was
approached with the proposition that
Kelly be permitted to plead guilty to
charge of third degree assault and
that the proceedings to bind the de-
PENDANT to keep the peace be dismissed.
Kelly promised faithfully that if this
were done he would keep away from
his wife in future and would send the
wife money to support the children.
Believing this to be the better solu-
ton of the case, if Kelly kept his
promise, since the family needed the
assistance, Mr.. Alley assented, and
presented the matter to the court.
Judge Nichols dismissed the orig
inal proceeding, Kelly pleaded guilty
to third degree assault and Judge
Nichols pronounced a sentence of six
months in the county Jail. 1t was at
this stage of the case that Mr.. Alley
lntefceded for the defendant. He real
ized that If Kelly was sincere so long
sentence would but punish the child
rem, as the wife was in exceedingly
Strengthened circumstances and need
ed the money that he would pay in,
provided Kelly kept his word. In the
interest of the children, he concluded,
1t would be best to give Kelly a chance
10 fla