The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-25

them he would call upon the governor
LOT assistance and have the militia call
ed out to suppress them.
There is an element among the Aus
TRANS that would hesitate at no crime.
ana seems to consider it pleasure and
pastlme to stick a knife into a man.
some OF their representatives have gone
SO lar as TO threaten the lives of news
paper reporters for publishing facts
ABOUT their lawlessness. There are a
number of Austrians in Butte who are
among the city's best citizens, but they
take pains to have it known that the
| laWless and murderous class are of the
same nationality only in name, and that
| in their own country they are a low
and despised class of people. 1t has
| been represented to the prosecuting off,
| GERS that the troublesome element be-
| longed to society similar to the Malta,
| but a well-known Austrian American
| said yesterday that such a society was
| unknown in Austria, and that the chief
cause of trouble among the lower classes
was on the subject of religion between
| the Roman Catholics and the Greek
| Catholics.
Judge Clancy's principal reason for
discharging Skohanc was that a con-
| spiracy had not been proved. In view
of this 1t will be of some interest to
read what Underhill, the eminent law
writer, says in his work on criminal
evidence regarding conspiracy:
when two or more persons unite to
execute a purpose to injure or destroy
| the life or the property or personal
| rights of another, conspiracy exists.
| The mere combination of persons to DO
a criminal act is crime, even though
/ the object of the combination is not
contaminated.
Direct evidence is not essential to
prove the conspiracy. 1t need not be
shown that the parties actually came
together and agreed in express terms
! to enter in and pursue common de-
sign. The existence of the assent of
minds which is involved in conspi-
racy may be, and from the secrecy Ct
the crime usually must be, inferred by
| the jury from proof of facts and cir
cumstances which, taken together, APP
parently indicate that they are merely
| parts of some complete whole. If it is
| proved that two or more persons aimed
by their acts towards the accomplish
ment of the same unlawful object, each
doing a part, so that their acts, though
| apparently independent were, in fact,
| connected and cooperative, indicating
a closeness of personal association and
concurrence of sentiment, a conspi-
racy may be inferred, though no actual
meeting among them to concert means
is proved. Evidence of actual partici-
patton, rather than a passive acquies-
cence is desrab BILE. But proof of ac-
| quiescence in, or consent to, the action
| of others is relevant to show the GRIM
| inal intention of the passive party and
generally the smallest degree of consent
| or collision among parties lets in the
| act or words of one against the others.
| The details of the conspiracy need not
| be proved. If a community of purpose
| among parties to do some criminal act
or acts can be shown it is not necessary
that the acts which are charged or of
| which evidence given were specially
contemplated by them or included in the
| original design. In other words, If some
| general community of interest or pur-
| pose is shown, the declarations are adj
missible, though a conspiracy to COM
nit the offense in question is not
| proved"
| The penal code of Montana, in section
| Al, has this bearing upon Skonanc's
case:
"Al persons concerned in the commits
| sion of a crime, whether it be felony
| or misdemeanor and whethey they di
| rectly commit the act constituting the
| offense, or aid or abet in its commission,
or not being present, have advised and
| encouraged to commission, are princi-
| pals in any crime so committed"
That Skof1anc is dangerous man to
| be at large is further shown by the fact
| that on the 1st of May of last year he
| carved a man in Butte for daring to
| protest against others of his country
| men cheering for Spain, and he is also
wanted in Wardner, Idaho, for cutting
a man. On the LIST of last May a num-
Der Of Austrians in a Wyoming street
saloon were discussing the Spanish war
| and were cheering for Spain. Frank
Berg entered the place and told his
countrymen they ought to be ashamed
for cheering for Spain when they were
in America and making their living
here. He was assaulted for daring to
| talk that way and Skoflanc and others
| followed him to another saloon and a
knife was plunged in his back, cutting
| a frightful cash some inches in length
and exposing the lungs. Skoflanc and
one Joe Jovan We're arrested for it. but
no one dared testify against them and
! they were released, although the police
| claim that evidence against Skotianc
was positive. The county attorney yes
| terday received a telegram from Ward
ner, Idaho, stating that Skofanc was
| wanted there for knitting a man. and he
was rearrested and will be held for a
| day or two to await the action of the
Idaho authorities.
| For good paints and painting, plain
| or ornamental, see SchatZlein Paint