The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-19
CONSTAbLES ARE GUILTY
Ellsworth and Milton Are Fined
$25 Each.
THEIR CONDUCT IMPROPER
Room Crowded With Interested
Spectators-Story of How the
Trouble Came About.

Inc case or the state vs. COnSta bleS
| Ellsworth and William Milton, the men
who tried to arrest Miss Suhr on a
| warrant directing the arrest of Mrs.
Josephine Hogarth, occupied the after
| noon in Police Magistrate Sullivan's
court. The room was crowded with
| spectators and the case was fought
| with earnestness by the respective
| counsel. Many authorities bearing upon
officers duties and acts were cited to
show to what extent an officer is al
| lowed to proceed under the protection
| of a warrant The defendants were
each fined $25.
| Mark Todd pleaded guilty to wife
beating and was fined $780, Sentence,
| however, was suspended and the cul-
| prit given As hours to leave the city.
| He promised to leave.
The case of the city against Censta-
| bles Ellsworth and Milton was called
| These are the officials who tried to ar
| rest Miss Augusta Suhr, insisting that
| she was Mrs. Hogarth, for whom the
warrant they held called.
| Judge Wines appeared for the prose-
| cution. Miss Suhr was the first witness
She said she had resided in the lodging
| house at the corner of Main and Ga
|
| She does not rent rooms to women and
was never known by any other name
| than Augusta Suhr. She does not know
Mrs. Hogarth. She told about the con-
stables coming to her house and all
about what happened: about their in
| sisting that she was Mrs. Hogarth
| Miss Suhr tried to impress upon the in
! truders that Mrs. Hogarth was not
| there.
"'You are Mrs. Josephine Hogarth
and are arrested for robbery is what
these men told me-" said the witness
| She said that both men grabbed her
| by the arms while she was standing on
the stairs and dragged her down to the
| first landing. II begged the men to al
| low me to dress and replace the clothes
they had torn from me, but they would
not listen to me. I sent for DR.. Murray
to attend to the wounds on my arms,
produced by being thrown by the men
! against the door,
She then told about her clothes being
torn. Il offered to give bonds. and I
| tried to explain that I was not Mrs.
| Hogarth, and explained that 1 would
produce my identity by documents, but
all this and my appeals were in vain. l
told them great many times that I
was not Mrs. Hogarth. They threatened
| to put the handouts on me and paid no
| attention to me. ] called for assistance
and officer Schmid came to my rescue"
| Cross-examined by z. 7. Cason: Did
not one of the constables say to you.
| Now, be quiet; all we want Is for you
to go to Judge Nichols court?''
| "They said nothing about Nichols
| court until Officer Schmid arrived" She
said that she saw no warrant and that
the constables at once told her that she
was Mrs. Hogarth
Did you not bite Mr.. Millions hand?"
asked Mr.. Cason.
mo, sir; I did not bit his hand
| She denied that she called the con-
! stables dirty loafers and ordered them
out of her house; also denied that
either of the defendants called for po-
| liceman.
who threatened to put the hand
cuffs on your
| Ellsworth"
rs it nota fact that Mr. Milton said:
| Madam, some officers would place
handouts on you because you resist ar
rest so vigorously?
| why, no, SIR
DR.. T. ]. Murray Testified as to the
bruises on Miss Suhrs arms, saying
that they could have been caused by
| rough handling.
Officer Schmid said that he was
| standing on the corner of Main and Ga
| lena when a man came up and said to
| him: There's a couple of men up
stairs trying to drag the landlady out
of the house. l went upstairs and
| asked as to the cause of the row. Mil
ton said that he had warrant for this
woman's arrest. l procured, at Miss
Suhr's request, copy of her lodging
house license and explained to the men
| that the woman was well able to give
| bonds.
| I'VE don't give a damn; we want to
take this woman to Judge Nichols
court said Milton.
| Il then asked to see the warrant. I
l ~. 1,
| Mrs. Hogarth, No IL North Wyoming I
told the men that they would better
leave the woman alone. One of them
admitted that they'd better have the
affair shut up"
| DO you not sometimes make mis-
| takes in making arrests?"
This was objected to and sustained.
Louise Luetgen, partner of Miss Suhr,
testified that she went into the room
| after returning from a shopping tour
up town, and noticed Miss Suhr in a
highly nervous state. Officer Schmid
was there. 1t was after the scuffie and
the constables had gone.
William Milton, one of the defend
| ants, admitted that he held no position
of consequence" but was "a deputy
constable for Ellsworth" Said he: II
met Ellsworth, who asked me to go
with him to a particular place where
| a woman resided, for whom he had a
| warrant of arrest We went into a sa-
| loon and there Ellsworth met a man.
Ellsworth explained that ne was after
a woman to arrest her. The man said
You can find that woman in the lodg-
| ing house at the corner of Main and
| Galena streets, in the Iron house We
went upstair in the Iron house and met
| the landlady, who told us that she kept
no women and ordered us out. We told
| her that we had a warrant for Mrs.
! Hogarth's arrest She went into rage
and l told her to be quiet. Ellsworth
read the warrant. She fought like
| tiger and made a grab for the warrant
| that Ellsworth was trying to read. l
put my hand on her arm and she turned
| upon me. She was too much for me--a
very strong woman. We talked kindly
to her, but she called us vile names and
| abused us shamefully. Officer Schmid
| came and told us that we We're mis-