Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-26
EXCUSES. WERE
NOT ACCEPTED
JUDGE CLANCY SPEAKS PLAINLY
ABOUT MATTER OF ABSENT
WITNESSES.
ATTACHMENTS WE'RE
ISSUED FOR THEM
One Case Went Over Until Tomorrow
for That Cause, but the Other
Was Taken Up.

Judge Clancy managed TO get case
tor trial this morning, but it was not
until after he had ordered attachments
10 be issued for several absent wit
llesses that his efforts were successful.
He had three cases set-the SKATE
against David Willard, state against
James Ryan and the state against DAN
ii Warren. The willard case was
called first, but the defendants at.or-
neys at once began to spar for post
ponement on the alleged ground of alb
sent witnesses. They were real sorry
these witnesses We're not on hard, but
out them, and vacation of the setting
would be acceptable.
Call your witnesses" said the court
in a tone of voice laden with anything
save pathos.
We'll, your honor. we are not pre-
Jared to call Mhem," replied one of the
attorneys.
Call your witnesses, l say!" repeated
the judge, land let us see how many
Of them are present"
The names We're called and it was
found that about five We're absent
1T may be possible that the absentees
will be here by 10 o'clock tomorrow,
said the defense.
Yes; and it may be that they are
Dead" replied the judge.
Yes; it may be-" reiterated the de-
Tense.
Mr.. Clerk, issue attachments for
those absent witnesses and have them
brought in here at 10 O'clock tomorrow
morning for contempt Of court" said
the judge. This case is continued until
that time"
The second case called was that in
|olving James Ryan, charged with hav-
ing received a lot of cigars, knowing
them to have been stolen. A call of
the names of witnesses for the defense
showed that about five of them were
also absent. I'VE would like to have
the case go over until O'clock" said
the attorney for the defendant, Gin
order to get our witnesses here. Mr..
Duggan, the undertaken, called on me
last night and asked me to telephone
him when / was ready for his testimony.
and I can get him in few minutes"
That is private matter between
Mr. Duggan and you and has nothing
to do with the court"
II am not ready to proceed with this
trial without my witnesses. but I do
not want attachments issued for them.'
Mr.. Clerk, issue attachments for
those witnesses" said the judge.
I'VE are ready for trial." said Ryan's
attorney; and the proceedings were COM
menced.
One night in December VOLTS cigar
store in East Park street was burglarized
and several Thousand cigars stolen. Lat
er the property was found in the possess
sion of Fred Walters. William Perry ana
James Ryan. who We're going from place
to place trying to sell them. The three
We're placed under arrest and in the alb
seace of proof that they had committed
the burglary a charge of receiving stolen
property knowing it to have been stolen
was placed against them. In the dis
tiict court few days ago Walters
plead~d guilty to the charge and was
sentenced to one year in prison. A day
or two later Perry was tried and con-
victed, the jury giving him a year. At
ter the trial it was learned that Perry
was an ex-convict, he having served six
years i'm the Deer Lodge penitentary for
crime committed in Missoula county.
Had this been known before the trial he
would have been charged with a prior
conviction and tried under the habitual
criminal act.
HC tCstluIoHy duuuCeu Ill tilc Ryan
case showed conclusively that the de-
PENDANT was in the company of the other
two men at the time an attempt to sell
the cigars was made. At the close Of
the prosecution Attorney Parr, who
represented Ryan, moved the court to
instruct the jury to acquit the defend
ant on the ground that the state had
failed to prove the ownership of the CT
CARS or show that Ryan exercised any
jurisdiction over them. The motion was
oveIru'ed and Ryan took the stand ir
Mis- own behalf. He said he had mel
Walters and Perry on the street and
| they told him they had some cigars
which they desired to sell. He had join
| ed them and had his first introduction
| to the smoker in Joe Hickey's saloon ir
| South Butte. He said he had no knowl
| edge as to whence the cigars had come
The jury will have the case befor,
night.
| ~NeNNNORrR>NO>01A