Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-29
A YEAR FOR KATIE
She Changes Her Plea Of Not
Guilty to Guilty.
FORGER L. 6. LIVINGSTON
Nav be Turned Over to the Utah
AuthOrities-Shepherd
Discharged.

Katie Bush, the young woman who a
few months ago threw some not liquid
from IA bottle on Mrs. Julia Hosarth in
Justice Nichols court, changed her plea
of not guilty to guilty in department NO.
9 of the district court this morning and
Judge Clancy sentenced her to one year
in the penitentiary, which is the mimi
mum punishment for the alleged crime.
She was represented by +. O.. Jackson,
who made to the court Il real telling APP
peal for leniency.
Have you any statement to nlake"'
asked the judge of the prisoner after 1T
had been given out that Miss Bush de-
sired to change her plea.
Your honor" answered Mr.. Jackson,
in behalf of his client, lit seems that the
defendant has been more sinned against
than SHINING in this matter. l was a
witness to the assault. Miss Bush ac-
cused Mrs. Hogarth of having robbed
her of 5000. In addition to this Mrs. Ho-
garth accused Miss Bush, in the presence
of others. Of being diseased. which had
a tendency to make the defendant des-
perate. The offense committed by Miss
Bush was not very serious. The liquid
she threw on Mrs. Hogarth vas not
vitriol: it was simply a caustic acid. n
was driven to desperation by the acts of
the complaining witness. Mrs. Hogarth
cares nothing for the case save the fees.
She has left the state. and ] ask the
our to be as lenient as possible with
the prisoner
well, Miss Bush" said the judge. ''in
view of the fact that YOU have changed
your plea. l will give you the least pun
tertiary. | believe that the ends of JUS
tice will be as well satisfied as though
/ made the punishment more severe"
The circumstances of the trouble be-
tween Miss Bush and Mrs. Hogarth was
caused by the disappearance of $500 be-
longing to the former. Mrs. Hosarth
conducted the lodging house at the
northwest corner of Park and Wyoming
streets and Miss Bush was one of her
dodgers. One day Mrs. Hogarth called
Miss Bush from her room INTO her w
apartments to try on a waist she was
making, and, according to the story told
by Miss Bush. Mrs. HOgarth left the
while Miss Bush was there. When
Miss Bush returned to her own room she
o for her money and it was gone.
She accused Mrs. HoGarth of having
stolen it. and followed the accusation
with her arrest on a charge of grand
larceny. The defendant was given "a pre-
liminarN hearing in Justice Nichols
court, but as no one had seen Mrs. Ho-
garth steal the cash and it had not been
found in her possession the Justice could
do nothing save dismiss the action. Be-
lieving implicitly that Mrs. Hogarth was
guilty and would escape legal punish
ment, Miss Bush became desperate and
before leaving the court room threw the
acid into Mrs. Hogarth's face. None of
the liquid caught Mrs. Hogarth's eyes,
but it sprayed her silk waist and Shout
ders in good shape.
shortly after the affair Mrs. Hogarth
moved to
The county attorney asked Judge
Clancy today for leave not to file an in
formation against James Shepherd.
charged With having bought ore from a
boy. knowing it to have been stolen. The
ground on which the request was based
was that the ore had been gathered from
the dump of a mine several months be-
fore it was sold and at that time no OBJ
lection had ever been made by the Ana
conda company. which owned the prop
erty, to the ore gathering.
About two weeks before Shepherd Was
arrested, however, an order was promul-
gated prohibiting boys from gathering
the stray bits of ore. and on the allie
cation that the ore bought by Shepherd
had been garnered after that time a war
rant for his arrest was issued.
The prosecuting attorney admitted
that the evidence adduced at the prelim-
mary hearing was not strong enough to
secure a conviction in the district court.
The judge granted the request and
Shepherd was discharged.
The turn of affairs in the Ease of the
state against Fred De Lyle has caused