The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-10
STRASsER BOUND OVER
Must Face Trial in the District
Court.
STOLEN PROPERTY CASE
He Is Alleged to Have Been the Rs
ceiver While Cognizant OF the
Facts in the Case-Evidence
at Preliminary Hearing.

sion of his preliminary hearing on a
charge of receiving stolen property
knowing it to, have been stolen. On the
night of Jan. % a horse and saddle be-
longing to j. J. Eager were stolen from
in front of the Centennial saloon in
South Butte. The next day the horse
came home without the saddle and on
the following Wednesday the saddle
was located in shed at the Midway
road house and Strasser, who lives near,
was arrested. He was proceeded against
for receiving stolen property knowing it
to have been stolen and had his hear
ing before Justice Nichols yesterday
afternoon. Chief Deputy County Attor
ney Stivers appeared for the state and
Attorney M. d. Leehy for the defense.
]. ]. Eager, the complaining witness,
was first called by the state. He told
of having his horse and saddle stolen
and the circumstances of it's recovery.
Willie ByerS, a 12-year-old boy living
near Strassers place. testified to seeing
Strasser take the saddle out of his cell
lar and carry it to shed at the Mid,
way road house. This was on the
Wednesday following the theft. Wit
ness knew the saddle to be Eager's,
for the reason Eager had been to his
fathers house and described it. Wit
ness went to the nearest road house to
telephone to town and there saw Eager,
whom he informed.
On cross examination, Mr.. Leehy ask
ed the boy if Eager had not promised
to pay him for watching Strasser. He
said Eager had told him he had offered
reward of $125 for the capture of the
thief and if he caught Strasser with
the saddle he would get. the reward.
He did not offer to pay witness for tes-
Trying and did not make the reward
conditional on Strasser's conviction.
Replying to further questions the boy
said he saw Strasser come out of the
cellar, carry the saddle to the Mid
way shed, then carry it back to the Gel
lar and in half a minute come out again
and carry the saddle back to the she'd
l.. d. Byers, father of the proceed
ing witness, testified that a week ago
last Wednesday he came home from
work and saw Mrs. Strasser running to-
ward the Parrot smelter and few min
utes later Strasser came back with her.
Witness saw Strasser go into the cellar
of his house and get the saddle and
carry it to the Midway shed Witness
went to the Midway and spoke to Pro
prietor Riley about the incident and
they went out to the shed and found the
saddle.
William H. Riley, proprietor Of the
Midway road house, said the defendant
came to his house last Wednesday
evening and got drink and went out.
few minutes later Byers came over
and asked him If he was concealing
stolen property. Witness answered that
he was not and Byers said there was
stolen saddle in his shed. He went out
with Byers and they found the saddle
t,I1o II ,,tr s,,tN !
saloon and later the officers came and
got it.
The witness Byers, was recalled for
further cross-examinaton and question
ed as to Strasser's manner of dress
and described it, and Detective Muir
ply was next called. He said he re-
ceived a telephone message from Eager
that he had located the saddle and wit
ness went out and arrested Strasser.
Witness questioned Byers and his son
and they said they saw Strasser with
the saddle in his possession.
Eager was recalled and asked if he
had called at Strasser's place while
looking for his horse and saddle. He
said he did and asked Strasser if he
had seen anything of them. Strasser
denied seeing either horse or saddle. On
the Monday prior to the evening on
which the saddle was found the wit
statements in the hearing of neighbors
that he proposed getting out search
warrant Mr.. Leehy objected and Mr.
Stivers said he wished to show the rea-
son for the defendant disposing of the
saddle.
The state rested and Mr. Leehy called
the defendant to the stand. He said
he had lived in Butte 10 years and was
married and had a family. He was in
hn fal
horse and saddle were stolen. Eager
stood at the cigar case. He talked
with Strasser about mortgage Strasser
held on his brothers place. They talked
about an hour and witness left the sa-
loon, leaving Eager there. The saloon
is in South Butte and witness lived
about 20 minutes walk away in the
Cobban addition. Witness was dressed
in a brown suit of clothes When wit
ness left the saloon he did not notice
any horse in front. Witness went right
home and got there about 9:15 o'clock.
Witness first learned of Eager's losing
his horse and saddle the same night.
Eager came to his house at IL or
O'Clock and asked if he had seen his
horse and saddle. He had not and
never did see the horse and saddle. The
testimony of Byers and his boy was
false. Explaining the circumstances &C.
titled to by Byers and son, witness said
he met his wife on the way home from
work. She was going to a friends
house and he told her it was too cold;
to come back. She did SO and told wit
ness everything in the cellar was freez-
ing, and witness took shovel and
went to the cellar and covered up the
vegetables. Witness after this went to
the Midway and got a drink of whiskey.
About this time a man dressed in a
brown suit of clothes came to the
house and asked for something to eat.
He carried gunnysack with something
in it. Witness did not know what was
in the sack. Witness did not see the
man again.
Fred Pedders, proprietor of the Cen
tennial saloon, had known the defend
ant eight or nine years. He saw both
rim and Eager in his saloon on the
night the horse and saddle are. alleged
to have been stolen. Strasser left the
saloon few minutes after o'clock.
Witness knew the horse and saddle
We're in front of his place Is or 20 min
utes after O'Clock. Witness said Stras-