The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-11-27
AN EXPENSIVE MOOSE.
Rogers Found Guilty as Charged and
Fined $500.

V'ICU piVO.
The session of the district court
Saturday was taken up almost en-
tirely by the hearing of the case of
Josiah Rogers, charged with killing a
moose in December. 1900, during the
closed game season. This case was
a most unusual one. in the fact that
the defendant was the chief witness
for the defense as well as for the
prosecution. On account of being q
witness Attorney Oliver was excused
from prosecuting the case and w. H.
Poorman was appointed in his stead
On request of State Game Warden
w. f. Scott, Assistant Attorney Gen
eral Mettler of Helan took charge of
the prosecution.
| The evidence against Rogers was
contained in an affidavit made by
him this fall, in which he stated he
had killed the animal and gave the
time and place where it was done
| The purpose Of the affidavit was TO
clear r. w. Richey of Walla Walla
Wash, in whose possession the scalp
| and horns were found whcA tho rro-
ceedings were commenced.
Rogers story was that on Deem
Der IS, 1900 he left his cabin about
l3 miles from Bolton, and going to
| the cabin of r. A. Long, :,le twp luen
started in search of some of Rogers
horses that had wandered away
They took with them a light lunch
and on the evening of the first or
| second day he (ROgers) had killed
the moose. The men were hungry
| and had killed the animal in order to
get something to eat. They camped
near there and on the third day out
| they returned to their homes
During the past summer Mr.. Richey
| of Walla Walla, Wash, was hunting
| in that section of the country and
found the horns of a moose and ROg-
ers had made him present Of the
scalp OF the moose he had shot the
winter before. Thereupon Mr.. Richey
had shipped the horns and scalp to
Harry Stanford of this city to be
| mounted
Deputy Game Warden Hall seized
| the skull and swore out a warrant for
| Richey's arrest Mr.. Rogers heard
of it and coming to Kalispell he in
| formed the game warden that he had
killed the animal and that Richey was
innocent He made an affidavit to
| that effect and his arrest followed
The case was most interesting
one and Rogers attorney made a
| hard fight, but the circumstances
were so strongly against the defend
ant that the jury had been out but a
short time when they returned with
verdict of guilty and liked tie pun
ishment at a fine of 500.
| Assistant Attorney General Mettler
put up a hard fight for the prosecu-
ton, and at times handled n, orros-
ing counsel without gloves. A sen
satiOhal incident occurred during the
closing of his argument to the jury
in reference to statement made by
the witness during the course of the
trial. On direct examination Rogers
stated that they had left the cabin
of Long about 10 o'clock a. m. and
had eaten lunch about four hours
later and shortly after that the
moose was killed. Afterwards when
questioned by Mr.. Mettler he had
stated the same thing. But later on
acting on the suggestion of his coun
sci, he changed this story and said
that it was en- the evening of the sec
ond days hunt when the animal was
shot. AS result of the conflicting
|
enSued.
During his argument Mr.. Mettlel
referred to this conflicting testimony
and said that he didn't blame the wit
ness so much as he did his attorney
for the apparent perjury. and turning
toward Mr. Miller he pointed his fin
ger at him and said: And if eve1
this witness is called to the bar O
Judgment for any lie he might have
told, his counsel will also be Their,
, to be judged. am surprised at Mr.
Millers action. thought he knew
better"
Mr.. Mettlers argument dwelt upol
the necessity of protecting the gam
of the state and particularly the gam
. of Flathead county. His argumen
5 was an able one and evidently ha
!. much weight with the jury.