The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-14
ANACONDA NEWS.
S|M|NGTON GETS A YEAR
Will Join His Son in the Peniten-
tiary for Larceny.
HELPED STEAL A HEIFER
Contradictory Evidence Given by Wit
nesses in Futile Effort to Shield
the Old Man-His Attorneys
May Appeal.

1--WE find the defendant, John Shining
ton, guilty as charged and fix his SEN
tence at one year in the penitentiary,"
was the verdict rendered last evening
by the jury in the district court.
Walsh & James, attorneys for the
defendant, asked that sentence be de-
ferred until they could appeal or take
such other steps as they may deem
necessary.
Simington's crime was the partici-
paxton in the larceny of a heifer be-
longing to William Evans from Evans
ranch on Willow creek, July 10 last,
His son, Charles Simington, together
with Richard Austin and Willie Brack-
en-, were implicated in the same Of
tense. Charles has already pleaded
guilty. The other boys have been sent
to the reform school. All were brought
here to testify at the trial.
/. The testimony taken in the case
proved to be most contradictory. pos
sibly as the result of excluding the
witnesses from the court room.
On the stand Charles Simineton, who
is serving a three years sentence for
the crime, did his utmost to save his
father. The boys and John Simington,
1t appeared, were living in a cabin on
Willow creek, where they were at
tempting to cultivate a small ranch.
Mrs. Simington, wife of John, lived in
Anaconda at the Simington home.
Charles, in his testimony, said that
his father was in town when he, Aus
tin and Bracken, conspired together to
go up and kill one of Evans heifers.
They carried out their purpose, then
y, fN,. txNFN
hours and then brought it down after
night to behind the cabin, where the
cut it up, sailed the meat and buried
it in a barrel. Charles declared his
father was in the cabin asleep when
the cutting up and buryinS was being
done.
Richard Austin, a witness for the de-
Tense, testified the old man was in town
during the day, returned at p. IN.
and between and I the crime was
committed He said the carcass was
brought into the cabin while the old
man was asleep there. 1t remained
there, he said, until the next day, when
it was cut up, sailed and buried.
Willie Bracken was the chief witness
for the state. He said the old man
was in the garden about the cabin
when the boys started after the heifer.
They went up, shot the animal cut
out the entrails and brought the car
cass to the cabin. The old man saw
them on their return, the witness de-
clared, and told the boys to keep quiet
about the, matter, to say nothing at
all or they would get in trouble. Part
of the animal was hidden under the
old mans bed that night. The next
day, Sunday, the meat was cut up,
sailed and buried, except for a quar-
ter, which the old man took and
brought to town with him.
Mrs SinninptOp who was among a
number who testified, said that little
Andy Simington was in town and did
not start for the cabin until nearly
dark. Charles and Austin had testi-
fed that little Andy was with tkem
when they killed the COW. Inasmuch
as at that time-July 15-it was not
dark until a long time after the hour
testified to as the one in which the
heifer had been killed, there was a
manifest discrepancy
The case was given to the jury
shortly after p. m. and about s p.
m. the jury had. from the maze Of
contradictory testimony, evolved the
foregoing verdict.
The case of Elijah Wright, charged
with arson, and that of John john
son, the colored man who is accused
of robbing a friend of various articles,
are set for to-day. 1t is expected each
will be short as the list Of witnesses
subpoenaed is not a long one.
Court Routine.
The case of E. B. White against ]. W
Collins was continued for the term.
Additional counsel were appointed by
the court to aid in the defense of the
Cullinane murder case defendants, as
follows. ]. W. James to assist c. j.
Walsh in the defense of Benson; j. NJ
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