Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-08-17
NO EVIDENCE
Of THEIR GUILT
THREE MEN CHARGED WITH T1oB-
BING JACOB ZACHMAN
ARE DISCHARGED.
HE HIRED A HACK AND
IMBIBED FREQUENTLY.
Awoke on a Railroad Track and Found
HIS $500 GoNE-BoTH
Sides Testify.

John Yates, William Brown and Fred
Smith, charged with grand larceny, the
theft of $500 from Jacob Zachman in the
early morning of the 10Th, were given a
preliminary hearing in Justice Nichols
court to-day n at the end of the states
side the charge against Brown was dis
missed, there being being no testimony
to show that he had anything to do with
the alleged robbery. The state was rep
resented by c. F. Kelly and the defend
ants by Burt Marsh.
This is the case in which the complain
ing witness alleges that John
Yates and two a~ccomplices robbed him
after treating him to a glass of drugged
beer. Zachman lives in the Silver Bow
Park addition and is employed as a miner
at the Silver Bow No. 3. According to his
story, he came uptown the night before
the alleged robbery with $500 in his pos
session and during the course of the night
won $500 more at a game called faro,
which, for the benefit of new arrivals in
! the city, it may be stated was quite a
! fad in Butte before the ~antf-gambling
! law went into effect. When he got ready
to go home he hired a hack, paying the
driver. Yates, 81 for the job. Another
man entered the hack. They stopped at
Joe Archambault's saloon and had w
beers at the suggestion OF Zachman.
There they We're Joined by a third man
From there they started for silver BOW
Park" but stopped at another saloon n
had another drink. the liquid being car
ried to the hack for Zachman ~ one OF
the defendants. After drinking the beer
Zachman became unconscious and when
he regained his senses several hours later
he was lying ON a railroad track in the
| eastern part Of the city with his money
gone.
! He said that between l and z O'CLOCK IN
the morning of the l4th he had met a hack
man in front Of the Owsley block ana
= Nl~ - 81 IjrN hnmn and RI SION
at Archambault's saloon. The hackman
complied, and on arriving at the saloon
he had swallowed the beer contents OF two
| small glasses. Two Of the defendants, he
| said. had ridden on the outside of the We
i hfcle and one inside with him.. One had
! asked him If he was going to have a girl,
and when he answered in the negative an
offer was made to get him one. The man
that made the offer had then gone away,
but returned shortly and said he could not
find one. They had driven from Archam-
bault's saloon to a saloon near the Great
Northern depot and stopped for asother
drink, which had been served to hid while
he was still in the hack. His next sppear-
| ance on earth, he said, was when he found
himself On the railroad track. in East
Butte, with his money gone. He said he
had the $500 in his pockets when he got
change In another, and the balance in his
left hip pocket. He had started from home
with $500 in his possession that evening
the hack. Three gambling houses had been
visited by him and in each luck had perched
upon his banner.
Asked upon cross-eXamination to point
out the man with whom he had done bust
ness in regard to the hack, the witness
looked directly at his attorney, and the
latter remarked:
You need not look at me. You got no
hack ride from me-
Zachman then sized UP the three de-
endants and said he believed Smith was
the one he had hired. AS to his condition
when he entered Arehambault's place, he
was not very Jagged" was just mid
ding" Before the hack left the saloon
he had. he said. given the driver instruc-
tins to take him to his home, in Silver
Bow park addition, via Arizona street. One
of the defendants was in the hack with him.
After driving a short distance the driver
had stopped the vehicle in front of a, sa,
loon and one of the defendants asked him
If he would have a glass Of beer. Zach
man yes, and the beverage was
after swallowing the beer he knew no more
until he found himself in the eastern part
of town.
Asked if he had been in the penitentiary.
Zachman admitted that he had, but when
asked the nature of the crime for which
he had been convicted he refused to answer.
saying 1t was none of the attorneys bust.
ness.
The court sustained him.
Iachman added, however, tina he had
served nearly eleven months and had no
right to be there at all; that his presence
In prison was due to the fact that he
would not expose the parties to the crime
for which he had been convicted. He said
ne would never be there again.
Detective Murphy told what he knew