Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-20
TO
Be IN. JAIL
PECULIAR DEFENSE OF A MAN
ON TRIAL CHARGED WITH
GRAND LARCENY. *
RECORDS SHOW He
WAS IN COUNTY JAIL.
But He Was Caught ed-Handed in the
Act of Stealing Cash Register
Trial Now in Progress.

]. +. McNeir commonly known as
Red because of the, color of his hair,
was placed on trial in Judge Clancy's
court today on charge of grand lar
ceny, the theft of cash register and its
contents from McHugh 4 Greigh. gro
cerymen, doing business at $40 South
Main street. on or about January 4.
One of the funniest things in connec-
ton with the morning session was the
attempt of the defense to prove an alibi
for the prisoner the claim being made
that he was in the county Jail from De-
cember 20 until January 3. The record
of the Jail showed this to be a fact but
it also showed that Albert l.. Stone was
there when he was in Spokane or some
other section of the country. 1t also
showed that Edith Sommers was serving
time when she was down on Galena
street smashing men over the head with
beer bottles and robbing them of their
cash. 1t also set forth the fact that one
Leary was doing 60 days when he was
up at Centervil,e threatening to burn
his Wife out of house and home.
Not much time was consumed in get
ting a jury, but in view of the fact
that the court had a whole day, the ses-
sion was adjourned at IL O'Clock until :.
The testimony showed that the reg
lister had been stolen and that 1t was
found in McNeirs possession, but at the
close of the states side. II. l.. Maury,
representing the defendant in legal
capacity, moved for a dismissal of the
charge on the ground that the state
had failed to prove that McNeir had
been guilty of anything more than
possessor of stolen goods. Mr.. Maury
asked for permission to quote few
passages from authorities in support of
the motion. but the judge said he was
| informed and needed no enlightenment
on the subject Let the motion be
overruled," said he
Mr.. Maury then addressed the jury,
! telling the gentlemen that he expected
to prove that the defendant was in the
! county Jail from December % until
| January 3, and could not have COM
| mitted the crime. He would also prove
| that McNeir found the register in a
deserted cabin and was not responsible
for the burglary or theft.
Daniel Shields, who was a constable
/ at that time, said that on January 3
he had taken McNeir from the county
Jail to Justice Marsland's court at
Walkerville to be tried on another
| charge.
Was he turned loose?" asked the
| attorney
well. no; not exactly. He was fined
s., but I gave the judge a little talk
on the side and he was then turned
loose"
Never mind the talk on the side"
said the attorney.
We'll. he was turned loose" repeated
the witness.
Justice Marsland testified that he had
fined McNeir IS on January B. and
turned him over to the constable with
instructions to collect the fine.
Ex-Jailer Secotte testified to the en-
tries on the book of the Jail. He was
positive that McNeir was in Jail in De-
cemper, but he was not positive ABOUT
bis Jail presence in January, as he had
not made the record. The witness fur
Their said that McNeir had been in and
out of Jail right along for about seven
C;1onths.
He was almost a constant boarde1
there" remarked the judge.
yes, SIR
Hes got some civil rights. though
judge" added the attorney for the de-
Tense.
McNeir testified in his own behalf. He
said he was in the county Jail between
December 20 and January A. that he was
morphine fiend. was 40 years old; tina
he had not stolen the register, but had
found it in a cabin and carried 1t to the
Oxford saloon because he was drunk
By occupation he was a carpenter an6
the last work he had done was on thu
Parrot Mining company's new hoist Two
years ago he had worked at Warn
Springs. He did not know who hac
stolen the register. He said his last ar.
rest occurred about &c hours after his
release from the county Jail. At tina,
time he had an order in his pocket from
Mrs. Largely to the superintendent of the
Spectator mine requesting the super.
intendent to put him to work. He had
entered the cabin with a darkey for thu
purpose of taking a does of morphine. tc
which drug he had been a slave sixteer
years.
Peter Walsh, ex-county jailer. testified
that the Jail book would show when Nc.
Neir entered the bastile and was released
After Mr. Walsh had finished a recess
until o'clock was taken.