Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-14
CASE COMPLETED.
PICKPoCKET FOSTER LIKELY TO
SEE THE PEN.
A CLEAR CASE AGAINST HIM
Gang That Operated in Montana Last
Tall-Cthers Likely to
Follow.
Special to Inter Mountain.

Special to Inter Moantain
Helena, Mont, FtS,. 1.-THE testl-
nony in the case of w NJ. Foster the
first of the alleged gang of pickpockets
put on iSial, was concluded this morn
Ing and the lawyers are arguing TINS
afternoon. The state recalled Thomas
Travis. city marshal of Helena. who
testified he had made a second se,>rch
of Foster. Wilson, Ney ana Sherwood
after they were brought back from
Butte and found $500 on Wilson. $l0C
on Foster ari $3.50 on Sherwood. Tne
Jury was then sent out While the coCn-
sci argued the question whether the
acts and declarations of other defend
ants could be admitted in evidence
against Foster as proving conspiracy.
The court held that the acts of one
We're evidence against all where con-
spiracy had been shown.
Il. e. Collins former state treasurer,
testified to having his pocket picked in
front Of the Auditorium the night of
the Roosevelt parade. about half an
hour after Southmayd was robbed. and
identified s. bill on the Bank Of Mon
treal as having been taken from him.
This bill was found on Wilson. He was
iostled in the crowd by several men.
and was almost positive Foster was
one of them. If he saw the whole
gang together. he said he could swear
positively. The Canadian bill was put
in evidence. The defense put in no evil
dence except that of jerry Murphy.
city jailer of Butte. who testified that
Charles Ray. the detective. was not
present at the search of Foster.
The state relies mainly on the proof
of conspiracy to convict Foster. To
that end it produced evidence yesterday
that all the prisoners except Wilson
had Northern Paclnc mileage books,
and that the number Of miles torn out
showed they had travelled in pairs, Fos-
ter and Hall having started from Mil
Waukee and Ney and Myers from Chi
caSo. Sherwood also started west from
Chicago. and it is believed he and Will
son travelled together. They also had
about dozen conductors hat checks
when arrested. and these also corre-
sponded in pairs. Other evidence was
the itinerary of Roosevelt and 4 dairy
containing list OF great public gath
erinSs in the west and south both of
which were found on Foster.
The Modern Woodmen of America a,
celNed report from State Deputy w. c.
Austin of Anaconda, that the order had
$500 members in. the state. one third of
whom came in last YEAR The affiliated
order, the Royal Neighbors. is also grow
ing rapidly. Officers Of the state camp
We're elected as follows f. \. Maxwell
OF BoZeman. consul, G. l.. Nicodimus OF
Hamilton, advisor: Dr. T. II. Quirk of
South Butte, banker: Frank Warner of
Cascade, clerk: Joseph Bauer of Helena.
escort: c. c. Young of Pony. Waterman;
t. l.. McGary of Butte. sentry: F. j.
Lyons of Meaderville. q aorge g. Pringle
of Mssoula and H. e. Kerr of Billings
We're CHOSEN delegates TO the head camp
meeting at St Paul June II. j. W.
Walker of kalispell. del gate at large
ID. l.. Nicodimus. Hamilton r. A. Max
Well Bozeman. and DR.. J. H. Quirk South
Butte, We're chosen alternates and r. H
Eddy. Lewistown. alternaAo at large 1t
was decided to hold the ~. state camp
at Great Falls, the second Wednesday
in February. 1902. Helena Butte, Great
rails and Hamilton We're candidates
John Walker. salesman for the Helena
PROVISION company, will have a hearing
TINS evening on the charge of violating
the game law by selling two prairie
chickens out of season. This is the first
prosecution on information of the Helena
ulNls1on. state fish and game prot Elective
association. which now has | 800 members
All over Montana. Walker saws he will
prove by the plumage Of the birds that
lhey did not come from Montana, but
were shipped from outside the state. The
Helena division of the association last
hisht TOOK steps towards prosecution of
hotel ana restaurant men for selling
game out of season. This activity of the
association followed closely on the action
OF the county commissioners in dismiss
ing the county game warden, and is in
tended to prove the necessity of passing
the amended game law it has submitted
to the legislature.
FRANK Baker. charged by WeinStein &,
go. With embezzling 500 he collected for
the firm Monday. was arrested by Sheriff
irIffith of Valley county, at Glasgow.
and Sheriff O'Connel has gone to bring
him back.
Edward OBrien Kennedy. one of the
1llsh dynamlters recently pardoned by
The British government after serving a
long term for conspiracy to blow up
lunilc buildings in London. addressed
the Ancient Order of Hbernians last
night and told of his sufferinss in prison.