Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-06-01
A new TRIAL
FOR BARTLETT
IS PEITIoNED FOR IN THE UNITED
STATES COURT BY HIS AT
TORNEYS.
ASK THAT THE VERDICT
OF JURY BE SET ASIDE,
Allege an Insufficiency of Evidence
Tending to Prove Perjury-No
Date Set for Hearing.

Messrs. Mediation & Cotter, attorneys
for Fred A. Bartlett, who was convicted
OF the crime of perjury by a jury in the
united states court a couple of weeks
ago, have filed a petition for a new trial
Tor Bartlett and an order to vacate and
set aside the verdict of the jury for the
following reasons:
That there was not sufficient evidence
to justify the verdict of the jury in this
that the testimony fails to show that the
defendant was guilty of any wilful or
corrupt perjury or that he did state un-
der cath that the schedule mentioned in
the Indictment contained a statement OF
all OF his estate, both reai and personal,
and for the further reason that it is not
true that the said schedule did not con-
tain a statement of all the property
estate of said defendants which he the
and there owned or that the said defend
ant knew that in addition to the said es-
tate he was then the owner of the sum
of s., 200 in money.
That there is not sufficient evidence in
the case proving or lending to prove tha
defendant committed perjury as alleged
in the Indictment. in that under the law
1t is required that the evidence of two
witnesses shall be produced to convict a
defendant of perjury, or the evidence Of
one witness with co~rrobative circum-
stances equal to the testimony of a sec-
ond witness. and in this case there is
no sufficient evidence tending to prove
the defendant guilty.
1t Is also alleged in the petition that
the defendant before making his sched-
ule under the bankruptcy laws. fully and
fairly stated to his attorney. Robert
Coonnbe, the disposition he had made OF
the money received from Ras Rochester
in the sale of his business, and he was
by said attorney advised that it was UNI
necessary for him to include the same in
the said schedule n he followed the
advice of the attorney.
1t is also claimed that the evidence
shows that the defendant was indebted
to his wife in the sum Of about IS, 600,
with interest, and the evidence as to the
promissory note offered in evidence was
uncontradicted M undisputed.
The petition also sets forth that the
court erred in it's decisions of questions
of law arising upon the trial, in the adj
mission of certain testimony and in sus-
tanning the objections of the prosecution
to certain questions ~propounded by
sci for the defendant and in refusing to
give certain Instructions requested by
the defendant. The matters in which the
court is alleged to have erred are set out
in detail in the petition.
Judge Knowles refused to set any date
for hea ring the petition. He said court
had been in session in Butte about o
months ana he had some our business
at Helena which had to be attended to
ait once. 1t was his intention to adjourn
court tomorrow. Sentence would have
to be passed Upon Bartlett at this term
of court. but the petition for the new
trial might be heard in Helena.
BARTLETT is still in the custody Of the
United States deputy marshal.