The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-25
SKOFLAN IS SET FREE
He Was Accused Of the Murder
of Joe Zagar.
NOT EVIDENCE ENOUGH
That Was the Strangs Opinion Held by
Judge Clancy, Who Dismissed the
Charge Against the Prisoner
at the Bar.

the man stronS enough, though many
murderers have been hung on far
weaker evidence than that which the
county attorney introduced against
Frank Skoflane, who was on trial for
man, at a dance hall last Christmas
night. By a system of reasoning that
is not always clear to the layman,
Judge Clancy made up his mind that
Skofanc should be turned loose before
the state had all its evidence in, and
when court opened yesterday morning
County Attorney Connolly got up and,
addressing the judge, said he under
stood that the court was of the opinion
that the evidence was not sufficiently
strong to go to the jury Mr. ConnoI-
ly said that the strongest part of the
states testimony had been introduced,
except some evidence regarding a
statement made by Z'agar, before he
was stabbed, that Skoflanc had a knife
IN his hand. The county attorney said
he made the statement of his case in
order to save time, knowing the opin-
ion of the court in the matter.
This man may be guilty." said Judge
Clancy, but it will not do to convict
him on suspicion. If the jury should
convict him I would have to set the
verdict aside, and If would not the SUI
preme court would and give us all a
roast. If you have no stronger evil
dence l will discharge the defendant.
You gentlemen do not prosecute
through vindictiveness, and to pursue
that man farther would be vindictive-
ness. The Austrians are like the In
dams we ueed to have down at Fort
Smith They would all get drunk and
get into fight and then protect each
other. The Austrians are good citizens,
but they have bad citizens among them
who do not understand our theory of
government that each man is a peace
| officer. There are some suspicious cir
| cumstances about this case, but con-
spiracy has not been proven
The judge then suggested to Mr. Con-
molly that he would better make a mo-
| ton to dismiss the case, but the county
| attorney, not agreeing with the courts
views of the law and the evidence, de-
clined to do SO.
I have no desire ito dismiss the case"
said he "as I disagree with the court,
but recognizing the uselessness of pro-
ceeding with the trial under the views
| held by the court, / made the state
ment 1 have to save time"
The court then asked Mr.. Connolly
| If he had closed his case and he replied
that he had not, but would make the
| formal announcement that he had, so
that the court could act as he desired.
UP to this time the defendants attor-
neys had not expressed an intention
to move for dismissal, but 1T was sug-
| gested that a motion to that effect
should be made. Before Mr.. Kirk could
| do so, however, Judge Clancy said he
would do it himself, and he wrote out
this instruction and read it to the jury:
The evidence on the part of the state
being closed, the court deems it INSULT
Gent to warrant conviction and adj
vises the jury to acquit the defendant"
He omitted from the instruction that
part required by law to the effect that
the jury was not compelled to accept
the advice of the court. He also wrote
| out verdict of not guilty and told the
jurors to sign it in their seats, with
out retiring to the jury room for con-
sultation, and is was signed by John S.
| Clapp as foreman. The jury and the
defendant were then discharged and
several of the jurors afterward stated
that they would have voted to convict
Skoflanc on the evidence against him If
they had been permitted to do so.
The state in it's evidence against Sko-
flame, showed that he with his code
PENDANTS, Charles SmoltZ and Joe Toni,
We're in Spehar's saloon on Christmas
night and were anxious for a fight.
They talked about fighting and killing
somebody, and after they had discussed
the matter for while Smoltz jumped up
and turned the lights off in the dance
hall, and Skofanc and Toni made a
jump for Zagar. Skofianc was seen TO
strike Zagar over the head and when
the lights were turned on again Zagar
was found with bad wound over the
eye and knife thrust in the heart.
Skof1anc and Toni made their escape.
Toni was never captured, but Skofianc
was caught near Silver Bow at o'clock
the next morning, on his way out of
town. He was captured by several po-
lice officers and he at first denied his
identity, and looked frightened to
DEATH" as one of the officers put it. He
gave the name of Gregovch and when
accused Of having killed Zagar he did
not deny 1t, but said there We're too
many men in the country anyway and
that all had to die sooner or later. In
addition to all that evidence the state
had the testimony of a witness who
heard Zagar exclaim, just before he
was stabbed, that Skof1anc had knife
in his hand.
This evidence, however, Judge Clancy
did not consider sufficient TO go to the
jury or to require Skoflanc to be put on
his defense, and he took the same course
Franey murder case and the highway
robbery case of James Lacey, and in
several other criminal matters, and took
the matter out of the hands Of the jury
and discharged the defendant
There is no doubt that the other de-
| PENDANT, Charles Smoltz. will also be
| discharged, as County Attorney Con-
molly announced yesterday that he
would never attempt to prosecute an
other Austrian for any offense, as he
recognized the futility of trying to Sc
| cure a conviction. In the first place, 1t
| is almost impossible to get one Aus
| trian to testify against another, and, on
| the contrary, they do everything to
| throw obstacles in the way of the prose-
cution of one of their countrymen for
| any crime. There is dangerous and
| murderous cut-throat element among
| the Austrian colony in the eastern part
! of Butte and almost every week there
| is a serious or fatal cutting affray
among them. Several attempts have
been made to prosecute the knife
wielders. and several times the court
turned the defendants loose because of