The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-06
MAKING A STRONG FIGHT
Mellier Is Accused of Stealing
Copper Catholics.
CASE IS NOT COMPLETED
A Surprise Sprung on the Prosecution
Trying to Prove That the Theft
Was Committed by Two
Boys.

uSnt III tne cases IN which he is ac-
cused of stealing some 600 pounds of
copper catholics from the Anaconda
company and of buying brasses that
were stolen from the street railway
company, with a knowledge that they
were stolen. both of which cases are
on preliminary hearing before Justice
Nichols. Saturday the hearing in the
grand larceny case was begun and the
states case submitted. Yesterday the
defense put in it's testimony, but the
case was not completed, and the hear
ing in the second case was taken up.
The two cases occupied the time of the
court the whole Of the afternoon, at the
conclusion of which they were put over
to the Sth to obtain the attendance Of
more witnesses, and when the defense
opened yesterday in the grand larceny
case surprise was sprung on the
prosecution, as two witnesses We're
produced whose evidence tended strong
ly to show Mellier could not have
broken open the cars and stolen the
six copper cathodes he tried to sell to
Junk Dealer Goldwater, but attached
the actual theft to other persons, two
coy ., Vic VI w IoSt ldIlHS was SINeI TO
the court.
The first witness called was Mrs
Polly Matthews, who lives at 90s South
washington street, near the West
Butte yards of the B.. A. & P. railway,
where the cars stood when they were
robbed. She said she read in the pa
pers of man being accused of break
ing open the cars and stealing. some
copper. She then recalled that she was
sitting on the porch a week ago last
Sunday and saw two boys go around
on the opposite side from her of car
that stood near. They got into the car
and threw out slab Of copper. They
put it in a sack and carried it away
She called Waterman Gates of the
Vulcan mine and told him of the cir
cumstance.
Cross-examined by County Attorney
Connolly, the witness said she did not
know the boys, and made no effort to
learn their identity. One was about 10
and the other about IL years of age.
This incident occurred between l and
2 o'clock in the afternoon, and a couple
of hours later the boys came back and
threw out another slab, which they did
not carry away.
Henry Schaefer, boy who said he
was IA years of age, said he and his
brother, Carl, saw two boys about l
o'clock Sunday afternoon carrying a
SldD VI cOppel away lIOII Tie CARS. I1t
told them they had better put 1t back
or they would get into trouble. When
asked by Mr.. Connolly if he knew the
boys, the witness said he knew one of
them, and that his name was Lafay-
cite Hamilton. and that he lived in
South Montana street A deputy sher-
iff was at once dispatched to look up
the boy. Carl Schaefer corroborated
his brothers testimony.
A. l.. Bray testified that he called at
Melliers house on the Sunday in ques-
ton between II and 2 o'clock. He
wanted to get Mellier's sister-in-law to
nurse his wife, and Mellier conducted
him to her residence.
Robert Reed, section hand on the
b., A. & p. railroad, told of having his
attention called to the car having been
broken open by Waterman Gates of the
Vulcan mine.
Together they went and put a slab of
copper back and closed the car. The
slab could not have weighed less than
rs pounds.
Mrs. Belle Duhirst testified that she
lived near the Mellier home, that she
was called in a week ago last Saturday
night to nurse Mrs. Mellier, who had
sore arm, which had to be poulticed.
She stayed all night and sat up be-
cause she had the blues. Mellier was
not Out of the house all night except
SHUT lil1lt just pciolc
]. A. Good, a teamster, testified to
seeing Mellier at his home twice on the
Sunday the robbery was supposed to
have been committed.
Mrs. Rose Clayton of 413 East First
street saw Mellier on Sunday. She and
her husband were going for bicycle
ride to the springs and her husbands
wheel gave out While he was trying
to get it repaired, she went for a ride
on the fiat. She returned about IL
o'clock, and passing Mellier's house,
she stopped, thinking she might be able
to repair her husbands wheel. She sat
and waited till after IL o'clock and then
went home and got lunch, and her hus-
band having failed to get his wheel
mended she suggested that they go 70
Mellier, as he could repair the wheel,
The did so and Mellier repaired the BIZ
cycle. This was about 2 o'clock. Cross
examined, the witness said she saw
Mellier continuously from IL a. m. till
1920, and then did not see him again
till about q
William Clayton, husband of the pre-
ceding witness, told of going to Mel
lier's house to get his wheel repaired.
This was about 2 o'clock, and he left
there about 2:20.
Mrs. Lucy Barshaw, sister-in-law of
the defendant, was at Mellier's house
Saturday evening, and he was at home
from about TO IL O'Clock. She saw
him again Sunday morning at break
fast time At about IL he came to her
house to ask her to go over and attend
his wife, who had a lame arm which
had been injured in a bicycle accident.
Mrs Ada Mellier, wife of the defend
ant, testified that her husband was
home all of Saturday night and Sun
day. He was busy most of Sunday FL
ing saws and repairing BICYCLES, and
was not away from the witness at any
time except for very short time.
George Whitcomb, foreman of the
street railway barns, said Mellier came
to the house Sunday forenoon about IL
o'clock to return a gun he had repaired
for one of the men at the barns. Wit
ness saw him and talked with him.
A stipulation was entered into be-
tween counsel that c. w. Gates
Waterman at the Vulcan mine, who
lives near the West Butte yards of the
B., A. & p, would testify that he was
told some boys had broken into cars in
the yards, and he and Robert Reed, a
section man, went over and found the
cars open and some copper on the out
side. They put it back in and closed