The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-07-11
Prospect Is Good for a Long Trial
Before Judge Nelson-Sharp Pass
ages Between Opposing Counsel
Makes Progress Slow-Books
of Account Are Being In
troduced in Evidence,

Within the cool confines of Judge Nell
sons court room this afternoon a group
of lawyers newspaper men and wit
nesses sat and went through the mo-
tions of trying a law suit. The case is
one in which Charles p. Green is charged
with embezzlement. j. II. Leyson being
the complaining witness in the case.
Mr.. Leyson. the proprietor of the
Leyson jewelry store, caused the arrest
of Mr.. Greene last week on a charge OF
embezZlement. The latter had been in
the employ of Mr.. Leyson for several
years and had left his employ during the
latter part of the month of April anG
engaged in the jewery business in Butte
for himself 1t is alleged in the charges
against Mr. Greene that the alleged
shortage in the books which he KEEP
while in Mr.. Leyson's employ date back
several years. and that the discrepancy
amounts to a total of 1000.
The case was begun yesterday after
noon before Judge Nelson and will. in
all likelihood, consume several days as
the Introduction of evidence is dra sging
along slowly and the defense is contest
ing every inch OF the way. The case
Is being handled for the state by County
Attorney Peter Breen. assisted by AS
sistant County Attorney Lynch. Ex-
Judge Lindsay has been engaged to as
eiSt the prosecution
On the other side of the long table
across which the shafts of legal sarcasm
are projected sit Attorney w. P. Miller,
a recent addition to the legal fraternity
OF Butte, assisting the senior member
of the firm of Roote & Clark secured
by Mr.. Greene to fight the case. Three
counts were contained in the charges
oir,Ct ~ hn frio ic ,V,
the first count. In this count Mr.. Greene
is accused with taking s251.21 Of Mr..
Ieyson's money.
Nothing was accomplished at the trial
Of the case yesterday afternoon beyond
settling to the satisfaction Of all parties
concerned that two stenographers should
be required to take the testimony in
the case. The counsel for the defendants
desired the court to require the testimony
to be taken down in long hand and have
the questions written out and submitted
to- each witness before he was allowed to
answer. This, it was urged would render
the record singularly clear and lucid and
would prevent misunderstanding and an
noyance at the further stages of the
proceedings.
The attorneys for the state raised OBJ
jections to this method Of taking testi-
money and said it would take all sum-
mer to finish the case if this plan was
followed. Finally. as a compromise
measure, it was agreed that two stem
ographers should take the testimony and
that one should act for each of the con-
testants in the case. Which transcript
will be recognized as the official record
is not yet determined, but the case is
forging slowly ahead amid more grave
problems, that this comparatively uni,n-
portant matter.
The Morning Session.
The case was adjourned last evening
until 10 this forenoon. All witnesses for
the state except Mr.. Leyson, who was
giving testimony, We're excluded from
the court room. Mr.. Greene, the defend
ant, lowered over the side of the table
along which his counsel were sitting and
appeared smiling and perfectly at ease.
Mr.. Leyson, the prosecuting witness, had
re appearance of sternness and all SEEM
ed suspicious for speedy determination
of the truth of the charges made against
the accused man.
But the lawyers locked horns at the
very outset of the case and all the fore