The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-06
A LIVELY TILT IN COURT
The Attorneys Made Vigorous
Personal Remarks.
TRIAL OF ARTHUR EWERT
He Was Charged With Receiving Com
missions on Alleged Bogus Appu-
scatiors for Insurarc,-A YER
dict of Not Guilty.

A legal battle of unusual interest was
| fought out in Justice Harrington's
| court yesterday afternoon before the
| judge and jury. The court room was
| crowded with spectators, attracted by
| the unusual earnestness of the respect
| i've attorneys. The case on trial was
entitled the state against Arthur Ewert,
| the charge against the defendant be-
| ing larceny. The complaining witness
was e. c. Little, representing the Pa
cffic Mutual Life Insurance company
Deputy County Attorney S. r. Alley
represented the state and D. H. Kehoe
| appeared for the defendant. At times
during the course Of the trial the defend
ants attorney made remarks of a de-
| cidedly personal nature concerning the
attorney for the state, and that gentle
| man very vigorously and emphatically
resented the insinuations of his oppon-
ent. The whole trial was a succession
| of lively tits between the participants.
| The evidence on the part of the state
went to show that the defendant, Ewert,
| had been in the employ of the insur-
ance company up to within a few days
ago, in the capacity of soliciting
agent; that he had resigned, at the re-
! quest of the company, and that the
| company's representatives in Butte had
| commenced a systematic investigation
| of the matters which EWert had in
| charge during his brief connection with
| the company, and to their surprise they
! found that out of some 40 policies which
the defendant had presented to the COM
| pany, some 80 of the alleged applicants
had no existence whatever The adj
dresses of the applicants were written
| by the defendant on the blank forms,
| but on investigation the agents of the
| company learned that most of the ad-
| dresses given were vacant lots. The
| commission of the defendant was based
upon the bogus applications and the
| day after EWert received his pay he
resigned his position with the company.
| The only witness produced by the
| state was Mr.. Little, and at the conclu-
| sion of his cross-eXamination by the
defendants attorney the state rested,
| and the defendant took the stand in his
| own behalf. He stated that he could
not remember the names of the persons
whom he had insured, but that they
were all genuine and that the applica-
| tons We're all made in the regular
course of business. He produced a let
| ter from the manager of the company
|
Butte was promising field for the in
surance business, and stated that he had
| not found affairs as represented on his
| arrival. On cross eXamination by the
| deputy county attorney, he stated that
| most of the applications for insurance
| were made at his candy shop on West
| Park street. On being asked to explain
! the mysterious disappearance of the ap-
| plcants, he stated that the applicants
must either have given him wrong ad-
| dresses or that he had made a mistake
| in putting down the addresses. He was
| then asked whether or not he had ever
| served a. term Of four years in Sing Sing
penitentiary for a similar offense, and
answered no. At this point Mr. Kehoe
made a violent protest against the line
| of examination, stating that he was
there for the purpose of protecting his
client and that there was no one in the
county attorneys office who could hold
| him down.
Mr.. Alley replied that he did not think
| there was; that the only thing he knew
of that could head his learned friend off
| was a steam engine headed towards
| him. After a few further exchanges of
| pleasantries, the witness pointed out
| one of the applicants, a newsboy, whom
| he claimed had taken out one of the
| policies.
| After an extended argument by the
attorney for the defense, in which he
| accused the deputy county attorney of
! unprofessonal conduct and various
other things and the company of the
balance of offenses in the penal code,
| and an argument by Mr.. Alley, the
| jury retired, and after some little time
| returned a verdict of not guilty. It is
understood that there are several
| charges against Ewert which will be
pressed aaginst him.