The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-10-23
BURGLARY CHARGED
JOHN MILLER AND WIN. McCLEL-
Lam FACE INFORMATION.
FEED TAKEN FROM WAREHOUSE
Half Rarrel of Oats and Two Bales of
Hay-Miller Admits the Of
tense and Exonerates
Mcclellan.

An infor nation charging John MI lef
with burglary was filed in Judge NC
Clernan's court this morning, becan use
he broke into a warehouse and stole
half barrel of oats and two bales OF
hay.
Miller confessed to the offense yester-
day, and, probably, will plead guilty
to the charge against him and ask the
mercy of the court.
The information was filed by County
Attorney Breen, with the permission OF
the court. 1t charged William McClel-
Ian, jointly With Miller, with the burg
larry although Miller's story of the
theft of the feed from the warehouse
exculpates Mcclellan. Both defendants,
who are confined in the county jan,
were in court for arraignment.
The information charged the defend
ants with 'willfully, intentionally, fell
oniously, unlawfully and burglariously"
breaking and entering the warehouse
of Olson & Christian at 743-747 South
Wyoming street, Oct. 20, 1901, in which
warehouse there were $1,000 worth of
goods wares and merchandise and
other valuable things, with the inten-
ton of stealing the valuable things.
No Lawyers Retained.
Mr.. Breen read the information to the
defendants and asked them if they had
counsel. They were arrested only Mon
day, and neither had a legal represen-
tative.
"Can YOU get counsel?" the court
asked.
II hardly know whether I need one
or not" Mcclellan replied.
He had nothing to do with this
thing" Miller said.
II had nothing to do with this thing"
Mcclellan added.
'Well. Well see about that at the
trial." the court responded.
Judge McClernan then gave the
prisoners until Saturday to secure
counsel
These men are in Jail, your honor.
They were going out camping, or some
where, and they took some hay and
oats. I think it would be we'll to fix
a bond in the case" Mr.. Breen sug-
gested.
The court then fixed a bond in the
charge against each at $500, and the de-
PENDANTS were taken away.
Miller yesterday tOlG tne story or the
taking of the half barrel of oats and
the two bales of hay. He said, first,
that Mcclellan had no part in the mat
ter and assumed all responsibility in it.
Engaged to Haul Goods.
Miller is a plastcrer, and he has
mine near Silver Bow. He engaged Nc
Cellan to haul some goods to the
mine. At o'clock Sunday morning
the men met at McClellan's stable on
South Wyoming street, which is near
the warehouse that housed the hay and
the oats. Mcclellan said that Miller
with him for the feed, and that he re-
fused.
So Miller took McClellan's wagon
away and came back in 10 minutes
with the hay and the oats. Miller said
he did not know what he was doing
and must have been drunk. Why Nc
Clellan refused to so with Miller was
not explained. After the feed was taken
the pair drove away to Silver Bow.
The wagon track between the stable
and the warehouse was afterwards
traced by Detective Murphy and formed
a remarkably valuable clew The men
We're seen on their way to Silver Bow
and arrested that day. The earliness
of the hour at which the men went to
Silver Bow was explained by Mcclellan
with the statement that he wanted
time to go hunting after reaching his
destination.