The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-17
K|NDERS STILL IN JAIL
Disappointed by County Attor-
ney's Important Suggestion.
TO INVESTIGATE FURTHER
Judge Clancy, However, Remarked That
1t We're Better to Dismiss the
Defendants Continued
Until Saturday.

J. w. Kinder and his wife and her
two children were brought into Judge
Clancy's court last evening and c, NJ.
Parr, attorney for Mr.. and Mrs. Kinder.
asked the court to discharge them on
the opinion of the supreme court that
they should not have been convicted on
the evidence produced against them
Kinder wore a smile a ward wide and
seemed in hurry to have the proceed
inSs over so that he could get out, and
his wife looked on as innocent and as
wonderingly as ever; but they were
both disappointed, for County Attorney
Connolly suggested to the court that
there was no need Of such great haste
and that few days more in iail would
not do the two defendants much harm,
and they We're sent back until Saturday
to give the county attorney an oppor-
tunity to do some investigating and de-
termne what to do.
Mr.. Parr, in bringing the matter to
the attention of the court, said the re-
mittitur from the supreme court grant
ing the defendants new trial had ar
rived and that, according to the opin-
ion of the supreme court, the state did
not have evidence sufficient to convict
under the information charging the de-
PENDANTS with receiving stolen property.
He therefore asked that the defendants
be discharged
Mr.. Connolly objected to having the
defendants discharged, He said all the
court should do was to order a new
trial. The county attorney said he de-
sired to investigate the case further, al
though he thought it was not likely that
Kinder and his wife would be prose-
cuted further, although the supreme
court said Mrs. Kinder could be con-
victed of grand larceny. That, however,
is not SO, as there is no evidence that
any article stolen by her from the Con-
nell store at one time was worth more
than $50.
Mr.. Parr still insisted that the defend
ants should be discharged and Mr. Con-
molly suggested there should be no I'M
reasonable hurry about it and added
that Kinder had testified at the trial
that his health was better in Jail than
out so that he was not likely to suffer
much.
Il have been in long time now, Mr.
Connolly, and it is different now,' put
in Kinder.
Judge Clancy continued the case I'M
til Saturday. But I say now" he said
addressing the county attorney, that
you would better dismiss the case. They
ends of justice have been attained"
The Kinders have been in the county
Jail since the early part of last August
and had been convicted and sentenced
to two years in the ponitentiary. Two
little boys, children of Mrs. Kinder by
a former husband, have also been in
Jail with her About a week ago the
county attorney received a letter from
Kinder, in which he practically admits
his guilt by pleading that they had been
sufficiently punished, In referring to
his understanding that the prosecution
would dismiss the case, he said:
"Whether it be feeling of sympathy
or belief that we have been sufficiently
punished that has prompted their
co4se, l promise they shall never re-
gfet it,
Continuing, the letter says: MY
first effort will be TO obtain work.
am a stenographer of many years ex
perence, but will accept any kind of
labor that I have the physical ability
to perform. My task is not a small one
Every article of furniture, every cook
ing utensil and every piece of bedding
is gone. While this loss seems nothing
with liberty near, realize shall need
assistance"