The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-28
II WAS INSUFFICIENT
Information Against De Lyle
Wouldn't Hold Him,
IS CHARGED WITH FORGERY
He Was immediately Rearrested Upon
His Releass-There Are Several
Other Cases Pending - A
Witness Against Him.

Fred De Lyle, alias Frank Brown,
alleged to be a member of a gang of
forgers who have been operating ex-
tensively between Butte and Denver,
was discharged yesterday by Judge
Clancy, after his trial had begun, on
the ground that the information
against him was insufficient, but he
was at once ordered into the custody
Of the sheriff and returned to jail to
await the further acton of the county
attorney, who has numerous other
cases against De Lyle. The charge on
which he was to have been tried yes
! terday was the forgery of the name
Of j. X. Heslet to $40 check on
Clark's bank, and which was cashed
by Grant Bartlett After a jury had
been empanelled Mr.. Heslet was put on
the witness stand and several prelim-
mary questions were asked him, where
upon one of De Ly1e's attorneys made
an objection to the introduction of any
evidence under the information on the
| ground that it did not state facts sufii
| cient to constitute a public Sffense.
| The contention of the defendants
counsel was that the information was
defective because it failed to allege
| that Mr.. Heslet, whose name was forS-
| ed, had an account or money in the
| bank and could be defrauded. The at
| torney cited several authorities to sus-
| tain his objection, including one from
| Missouri, which he read from brief
which had been prepared by Pat Red
| dy and used by him in the recent
Occur d'Alene cases. County Attorney
| Connolly did not regard the objection
| as of much moment, but he read sew
| eral recent decisions of the supreme
| court to sustain the position that the
allegation of a forged instrument in
| tended to defraud and deceive any one
| was sufficient to sustain an informa-
| ton. A particular case referred to was
| that in which a man named Vineyard
was convicted of forgery in Butte
| few years ago for forging the endorse
ment of H. j. Swanson" on check.
| The supreme court, IN its opinion in
| that case, said: 1.-The defendant says
| that Swanson was fictitious name.
But, unfortunately for him, it is for
gerry to sign money order or check
of apparent legal efficiency in an as
sumed name, If the name was assumed
to defraud the person to whom the or
der OF check was given: or 1t may be
forgery to sign the name of a non-ex-
istent person, If under such circum-
stances as are likely to defraud. The
check was apparently sufficient upon
its face tc. prejudice the rights of an
other person. If falsely made, or passed
with fraudulent purpose. 1t was well
calculated to deceive men of business
capacity"
Judge Clancy said he did not like to
turn man loose especially as the state
did not have the right to appeal, yet
he. did not want to keep the defendant
in Jail and compel him to go to the
expense of taking an appeal to the SUI
preme court. He believed however,
that the objection was well taken and
that the Missouri decision was good
law. He said he knew the judge that
wrote the opinion and had practiced
law with him: he was a good lawyer
and his opinion was good law.
At the request of Mr.. Connolly the
defendant was ordered back to JAIL
and a number of other information
will probably be filed against him.
When arrested De Lyle had on his per-
son a number of different blank checks
and one on the bank of Hoge. Brown
lee & Co., which had been filled out for
S12, payable to Charles Edwards and
forged with the name of ]. V. Long,
but it had never been cashed. De Lyle
also had gun and a false mustache
in his pockets, Since his arrest a num-
Der of other forged checks have come
into the possession of the county at
torney, together with sufficient cyl
ueHCe u CONNECT LIE Lyle WIN many
of them. All these checks had been
cashed. Among them are the follow
ing on Hoge, Brownlee & Co.'S bank
One drawn in favor of John Ander-
son for $3.50, signed E. C. Mullins;
John T. Calder for 500. IS, signed Thorn
as Garter; William O'Neil, $25, signed
Major w. Smith & Bro; David
Browning, $2640, signed Major W.
Smith & Bro.
The following are on the bank of w.
A. Clark Bro: Benjamin Duncan
for $12.95, signed ]. K Heslet; D. j.
Ellis for $40, signed ]. K. Heslet;
Thomas Riley for $14.75, signed A. c.
Brigham; John D. Bailey for s24,
signed j. X. Heslet; Charles Emmett
for $3.50. signed ]. S. Carder; How |
ard Brown for SIS. signed J. K. Heslet. |
The county attorney has evidence
against De Lyle to connect him with |
all the forgeries except the two checks
signed Major W. Smith & Bro |
which were executed by a man named |
Smith.
A young fellow named Howard Nc
Kinty, who has been associated with |
De Lyle, appeared yesterday as a wit |
ness against him, and he probably has |
some valuable testimony to give.
Remember you are guaranteed a |