Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-06
De tYLE'S CASE
WITH THE JURY
Unexpected Delay in Reaching
a Verdict.
CONCLUDING ARGUMENT
Attorneys for Defense Paid Rough
Compliments to Witnesses
For the State.
CONCLUDING ARGUMENT

All of the testimony in the case of the
state against Fred DeLyle, charged with
forgery, was submitted yesterday after
noon n taken as a whole, 1t showed one
of the most gigantic schemes to raise
money IN bogus paper that has ever been
brought to light in Silver Bow county
Among other things it developed the fact
that besides DeLyle three others-H. 3.
Smith. Howard McKenty n James Hig- !
gins-were parties to the wholesale pass
ing of the bogus paper, and that the lat
ter mad escaped and was still at large. 1t
demonstrated that the four came from
Colorado to Butte for the express purpose
of doing business in their line and We're
making good Roadway when arrested. On
the witness stand Mckenty stated that
he had met the other three men in Colo
RADIO and came with them to Butte. On
arriving they had taken up quarters in
South Butte and commence operations,
DeLyle passing the checks while the 9TH
ers MANUFACTURED them. Afterwards they
moved up town. he said, and Smith had
gone to Anaconda, where he wrote out
checks and forwarded them to the others
in this city for use as bait in
ton of a roll Of greenbacks. McKenty
further said he was in the room of the
gan when one bunch of checks arrived
fom the Smelter City and We're taken IN
charge by DeLyle. About 10 O'Clock on
that night he had been arrested for hav-
ing passed one of them and an hour or SO
later DeLyle had fallen into the hands OF
the police. He also said he had been IN
Jail about ten months and at no time did
he want a trial very bad. He admitted
having told the county attorney all
about the doings of himself and his part
mrs in crime. adding that he had under
stood he was not to be prosecuted If he
would testify in court. He stated fur
Their that he had turned informer because
his father in Colorado had advised him to
do so. His father had died since then.
/ DeLyle testified in his own behalf. He
said he had not passed any of the forged
checks and while he knew the others had
done it he had advised them of the danger
in prosecuting such a nefarious occupa-
ton.
After DeLyle had told his story court
adjourned for the day n at 8 o'clock this
morning the argument was commenced.
Mr.. Kelly opened for the state and con-
fined himself to refreshing the jury on the
evidence. He was followed by Peter
Breen for the defendant, and if there is
anything in the old saying that when the
ears OF a person burn some one is talk
ing about him it must have required a
chunk of ice to prevent the ears of II. B.
Smith and Howard Mckenty from melt
ing away. McKenty is only a boy and for
this reason he was let down rather easy,
but Smith caught it hard. Breen asked
the jurymen If there was one among them
that had n respect for an informer, and
scored the prosecution for having kept
Mckenty and Smith in Jail a year for the
sole purpose of having them testify
against De Lyle. Breen's remarks about
Smith, however, We're mild as compared
with those of his law partner, Alexander
Mackel. The latter branded Smith as a
traitor and villain of the deepest type,
then detailing the part he had played in
the forgeries and his subsequent attempt
to throw the blame on De Lyle in order to
escape the penitentiary. He refreshed the
minds of the jurymen on the act that
Smith had forged the name of his own
brother to a check and had yielded to the
solicitations of that brother to turn trail
tor and save himself. He expressed the
belief that it was the first time Smith had
ever taken the advice of his brother.
In his closing address Mr.. Kelly stated
THAT he had never seen a weak case more
vigorously defended. AS to Smith and Nc
Kenty, he would not pass any encomiums
upon them, or would he admit that De-
Lyle was the spotless angel he had been
painted by his attorneys. He told the
jury he intended to turn McKenty and
Smith loose; that in order to convict De-
Lyle it was necessary to ave their tes-
timony and they had been selected as one
half of a bad gal to convict the other
half.
The jury took the case at II o'clock,
but at the time the Inter Mountain went
to press it had not returned q verdict.
Several ballots We're taken after the noon
hour. Before the jury retired some of
those who heard the testimony predicted
that not more than ten minutes would b.
consumed in arriving at a verdict and
that it would be one of guilty, but by
and by they began to believe the old
saying that no one could successfully
prognosticate the work of a jury.
FOUND GUILTY.
Shortly before 4 o'clock the jury found
DeLyle guilty and recommended him to
the mercy of the court.