The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-23
UNITED STATES COURT
Case Against Bershheld Goes
Over for the Term.
AN IMPORTANT WITNESS
The Marshal Could Not Find Bacon
Judge Knowles Said tho Employ
msnt OF Wallace Smacked
OF Barbarism.
Special Dispatch to the Standard.

Special Dispatch TO the Standard
Helena, Nov. Gas forecasted in to-
days Standard the Hershfield case will
not be tried at this term of court. The
case was continued for the term to-day
upon the application of District Attor-
ney Rodgers. Mr. Rodgers presented
to the court a formal motion for con-
tinuance in the shape of an affidavit
setting forth his reasons for requesting
CHAT the case be postponed He based
MS motion upon the absence from at
esndance upon the case of f. l.. Bacon,
IN important witness. whose presence
Ae represented to the court is indis-
pensable to Substaniiate the claim of
the government that the president of
the suspended Merchants National
bank sent false reports to the comptrol-
Ter of the currency, as charged in the
Is counts in the indictment. This wit
ness lives at Bowen, Beayerhead coun-
ty, but MIR. Rodgers claims he is not at
home and the marshal has been unable
to find him.
The district attorney said that if the
court did not see fit to grant the con-
tinuance he hoped the trial Of the case
would be postponed several days that
on account of the expectation that Will
lam Wallace would be in the case as
counsel for the government he. had not
given the case the attention it demand
ed, leaving that matter to Mr.. Wallace
and devoting his time to other business
Since the court had decided that Mr..
Wallace could not appear as special
prosecutor he would desire, since he
must conduct the prosecution, an OPP
portunity to study the case more thor
oughly.
In the light of the absence of the
material witness named and because of
his own unfamiiiarity with the case,
he trusted the court would grant either
continuance or a postponement. Colo
mel Sanders. one of Hershfeld's atter-
neyS, objected TO a continuance. He
said the accused, who now resided in
New York and had returned to Mon
tana to stand trial, was ready to meet
the charges of the prosecution and have
the case tried. If the case was to be
postponed he desired it would be for
the term. The colonel referred sar-
castically to the effort that had been
made to have William Wallace appear
as special prosecutor and said he
guessed the government was not so
hard up that it could not hire attorneys
without relying upon private citizens to
come to the rescue.
u
who Is also for the defense, Endorsed
what the colonel had said and added
that If necessary counter affidayits
could be filed to show that the witness
Bacon, about whose presence the dis
trict attorney was solicitous. was not in
the state and it was question whether
he ever would be.
Judge Knowles said that he did not
desire any counter affidavits, as the
affidavit filed by the district attorney
was deemed sufficient and true state
ment of the situation. He said that in
regard to the employment of Mr., Wal
lace by parties who desired him to act
as special prosecutor, he considered
that was a matter of which the court
should speak. While there was no ques-
tion of the right of the district attorney
to have all the evidence he desired
there We're doubts of the propriety OF
private parties engaging such counse
in case in which the government was
prosecutor.
minister the laws for the benefit of So
ciety in general and not for the benefit
of private parties. The court consid
cred it would have been unfair to the
accused to have permitted the attorney
to have remained in the case, in view
of his own statement that he received
a private fee. This manner of trying
cases he characterized as smacking O
barbarism and being a relic Of the darl
ages. He concluded by granting IN;
motion for continuance of the cast
for the term.
The case of the United States agains
T. p. Bowman, in some respects a com
panion action, was also continued 70
the term. The cases will probably b.
set for trial some time next spring
April or May.
James Jaggers, who was recent,
tried for counterfeiting and the jur.
disagreed, will be tried again at thi
term of court, as the case was to-day
set for Dec. S.
The case of the United States agains
George H. Miller indicted on tn,
charge of introducing whiskey upon tn,
Belknap Indian reservation, was set fo
Dec. z.