Daily inter mountain., 1900-12-17
A LARCENY CASE.

Judge Clancy convened his departme Mt
of the district court this afternoon and
transacted some business along Grim
inal line.. He granted the county attor-
ney proper time in which to file an in
formation against John Mcdonald,
charged with grand larceny, giving him
until next Saturday to prepare the docu-
ment. He also heard statements from
the attorney relative to the dismissal of
the charge Of robbery against John J..
Mason, and the grand larceny charges
against Llewellyn S. Hatch, Ike Cohen
and Harry Evans. In his statement rel
ative to the Cohen and Evans case, the
attorney said: THE charge against the
defendants is one of stealing a COW be-
longing to Terry Lennon. The evidence
in the case would show that Evans was
seen at Silver Bow, where he left the
cow, with the understanding that he
was to receive the money for it on the
following day at the Silver Bow brew
cry saloon in Butte. On the following
day Ike Cohen, his partner, was found
in the Silver Bow brewery saloon at
about the hour the parties We're to be
there. Evans was at that time across
the street, in the California beer hall,
where he was arrested. The evidence
also would show that the two menWere
found in bed al $50 o'clock the morning
after the stock was left at Silver Bow
There was no evidence against either
party of the actual larceny of the COW.
At the preliminary eXaminatio Evans
made a statement in which he accused
Cohen of having stolen the COW and
taken 1t to Silver Bow with him, claim
ing that Cohen remained outside, where
the parties at Silver Bow would not see
him. There was a witness, however,
who would swear, according to an affi-
davit made for a continuance in the
Cohen case that Evans claimed, shortly
after the commission of the crime, that
Cohen was not with him, but that
man named Jones stole the COW and
was with him at Silver Bow, and that
he, Evans, had Jones' horse. To me
Evans admitted this conversation, and
admitted he had Jones' horse. but claims
he did not state it was Jones that
was with him. There Were other wit
nesses who would contradict Evans.
made an arrangement with Evans to
again take the stand on the trial against
Cohen and dismiss the case against him,
at that time understanding that there
was evidence against Cohen independ-
emily of Evans statement and not know
ing at that time of the witnesses for
Cohen who would impeach Evans. I was
anxious to do this for the reason that
Cohen was an old offender and that this
was Evans first offense so far as
knew. Subsequent investigation, how
ever, determined that the only evidence
In the case was against Evans himself,
and that the only evidence against
Cohen was Evans statement. That evil
dence, being the evidence of an accom-
plice, would not be, under the ruling OF
the supreme court, sufficient without
some corroborating evidence against
Cohen. held several consultations with
Evans and had agreed to dismiss the
case against him if he would turn states
evidence, and in that way received from
Evans all the evidence against himself
as we'll as against Cohen. The only evil
dence l had against either of the par
ties SO far as the larceny of the COW
was concerned, was that they We're found
in possession of the COW, which, I be-
aieve, is not sufficient to establish lar
ceny and in order to make a case of lar
ceny it would be necessary to use
Evans statement against himself. l do
not think it would be proper to do this,
but in any event the proper foundation
could not be laid for any such admis-
SiOnS'