The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-15
JOE SHAFER'S new TRIAL
He Will Face Another Jury
FEBRUARY l.
LOOKING SLEEK AND FAT
The Case Against George Bath Dismissed.
He and Four Other Boys Were
Charged With Burglary-It
Was His First Offense.

! At the request of County Attorney
| Connolly, Judge Clancy yesterday APP
pointed February / as the date for Joe
Skaters new trial for the murder of
John Hawkins. Shafer was brought
into court looking sleek and fat, and
when the court informed him that it
was the intention to fix a date for his
trial, he got up and said:
Il haven't decided exactly on my at
torneys yet and would like to have
this matter go over"
The judge told him that the trial
would be set for February l, and if by
that time heiwas not ready, he could
| apply for continuance.
| George Bath, one of a bunch of
youthful burglars, but the only one
who had been bound over to the dis
| trict court, was discharged yesterday
| by Judge Clancy, at the request of the
| county attorney.
| In his request, Mr.. Connolly stated
| that the defendant was arrested charg-
| ed with burglary in connection with
| four other boys "A preliminary hear
ing was had and the testimony failed
| W illdhe Jul case VI burglary. DuL II
| was sufficient to hold all the defend
| ants upon charge of receiving stolen
| property, knowing the same to have
| been stolen. So far as your officer
| knows none of these boys had ever
| been arrested before for any crime. Four
| of the boys were all under the age of
| IA years, and this defendant is barely
| Is. The county attorney was compell-
| ed to dismiss the four other boys for
! hn mot a
| CURED by law that the boys under IA
years of age had actual knowledge that
| at the time of committing the act
| charged against them they knew it's
| wrongfulness. The defendant, there
fore, was by the justice of the peace.
| bound over to this court for trial.
| Since then the county attorney has in
| Vestigated the character of the boy
and has learned that he is one of six
| children of a widow, who lives at No.
33 West Copper street, and who is com
/ PEELED to support these children by
| her own, labor. The mother the boy
| is not anxious to have him sent to
| the reform school, and this being the
| boys first offense. the county attorney
| is of the opinion that the ends of JUS
tice would best be subserved by not
| prosecuting the case. The county attor-
| ney believes that the reform school If
| the state would not be the proper place
! to send boy of the age of the Defend
4 ant, upon the commission of his first
offense, and is of the opinion that the
| proceedings so far taken have been
| warning and lesson which, it is be-
| lieved, he will profit by. Your officer
also states that all the property
| was returned to it's owner For the
| reasons above set out. and for the fur
Their reason that the defendant is about
entering upon the age when he will he
enabled to assist his mother in the sup
port of the family, the county attor-
! ney begs leave not to file an fnforma-
| ton herein
| The judge asked the young fellow if
| he thought he could behave himself in
| future if allowed to go, and he said he
could, whereupon he was discharged
George w. Nicholson, the old man
charged with the murder of James Will
son. entered his plea of not guilty. w.
I. Lippincott. one of Nicholson's attor-
neys, said that owing to the absence
of Attorney Lamb, member of the
legislature. they were not ready for
trial and did not wish to have it set.
The case was therefore continued
Thomas Brown charged with assault
in the first degree, was not present
for arraignment and the matter was
continued until next Saturday.
Tom Murphy. charged with burglary,
| pleaded not guilty. He said his true
| name was Thomas Ryan, though at TIE
| time of his ARA ignment he said it was
Murphy
The trial of Dick Rowland, ano!h her
man charged with burglary, was set
for January 26.
The case against James Lacey md
John Mason, the men charged with
holding up the Fountain road house
nearly six months ago. will be called
up next Saturday and will then be set
for trial. The case had heretofore been
continued from time to time by Judge
Clancy at the request of the defend.
ants attorneys.
County Attorney Connolly yesterday
filed an information against John
Searle, Robert Sillary. Charles Olson
and T. ]. Burns, charging them with
receiving stolen property. The three
first named We're arraigned and given
until next Saturday to plead. A bench
warrant was issued for Burns
An information was filed against Will
liam Keefe and one against George
Teddy, both charged with burglary.
They were also given one week in
which to plead.
motion for new trial for Charles
Bankson, who is serving a term in the
penftentiary for robbing a friend with
the assistance of a Galena street wom-
an, was argued before Judge Clancy,
and the matter was taken under adj
visement. Bankson's attorney. Mr.. Dy-
CERT, argued that the only testimony
on which Bankson was convicted was
given by the woman in the case and he
argued that under the law convic-
ton could not be had on the uncorrobo-
rated testimony of an accomplice. Mr..
Connolly said there was sufficient cor
roborative evidence to sustain the con-
viction.