Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-04-12

them-that the longer they inyesti-
gated the Moody murder and the
more evidence they heard upon the
subject the less did IL appear to them
that Badger committed the crime;
these gentlemen said that the jury
had listened to evidence which az
clearly proved "A motive for other
men To have killed Moody as did that
which connected the murdered man
with the family OF Badger. In the
Badger case thestate believed II could
prove a motive for the deed. There
was presented to the grand jury evil
dence which would have proved
equally as good u motive in the pros
ecutiOn of more than n other man
for that crime. The Democrat re-
trains from the use of Badgers name
in this connection, but all know
whom il desires prosecuted; with
the editor il IL not a case OF findi g
MOody's murderer, but of sustaining
the persecution followed by the Dem
ocrat. So much "A to whether the
members of the grand jury believed
they knew who killed Moody.
The third paragraph in the courts
charge to the grand jury reads as fol
lows: "The grand jury ought to find
nm Indictment in any ease when all
the evidence before them taken to-
gether, if unexplained or uncontra-
dicted, would in their judgment warrant
a conviction by a trial court"
Yet the Democrat demands to know
what right had they to pass upon
the question IA to whether ornot the
testimony adduced before them would
convict before "A regularly impaneled
jury" Could their duty have been
made clearer than by the COURTS in
struction? A large amount Of hear
say testimony was listened to by
them, bur when il came to the sitting
of it all, the grand jury passed judg-
mcnt in accordance with the courts
instruction and said they were I'M
able TO gather sufficient evidence to
justify us inmaking a prrsentmcnt To
this court against any Individual"
And in reporting as they did we be-
lieve they performed their tull duty.
Concerning tie views of the attor
ney general upon the value OF thecvi-
dence presented to the grand jury in
the Moody case, we are SURF the DEM
ocrat wholly misreprcsents that gem
t%lernan, but regret thai We are not
permitted to quote the comment Of
that officer upon the character of the
testimony adducel. BE it sufficient
To say that Attorney General Nolan
expressed himself as not ut all dis
pleased with the tenor OF the final re-
port made to the court.
Theconcluding portion OF the TRADE
in last weeks Democrat concerns the
office OF clerk and recorder, but it Is
unnecessary to pursue this subject.
The affair IL purely "A political one.
and 10 clear-mindrd man will be mis-
led by any comments oi the Demo-
crat in this connection. 1t is really
too bad-f0r Mr.. JohnS-that IA DEM
ocratic grand jury will not sustain
his attack upon his personal enemy,
the clerk and recorder. but il il a
credit to the rank and file of that
party. As n Of the jurymcn said:
when ] entered the grand jury room
made up my mind to forget | wasa
Democrat, to steer clear Of political
discussions and todeal honestly with
all men," Such a course was not at
all suited to the wishes OF the editor
Of the Democrat.
As remarked in the beginning, the
ARGUS does not appear as apologist
of the grand iury-they need none
and is quite as anxious as any n to
see the trial and conviction of the
murderer OF Moody, but it is well
that the Democrat be exposed in its
wholly unfounded and uncalled-ior