The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-07-08

while a self confessed cattle thief was
turned loose"
There was some talk of the attor-
neys for the defense making applica-
ton for new trial, but when seen
by a Bee reporter, Mr.. Logan said:
The verdict was surprise. as we
confidently expected an acquittal, as
all through the trial we felt that the
evidence was not sufficient. looking
at it in its strongest light, to Justify
a conviction. | am not disposed to
criticize the jury. however, as public
sentiment is bound to make itself
felt in a case of this kind, however
carefully you may seek to keep it
away from the jury.
CAS- to a motion for new trial, it
would be necessary for us to have a
complete transcript of the steno-
grapher's notes made before we could
file the motion. To have this trans
cript made would take at least 80
days; we would then have to have
the transcript reduced to narrative
form and prepare bill of exceptions,
containing the rulings upon which
we would move for a new trial, in
Guiding specifications in which the
evidence is insufficient to justify the
verdict. All this at the very least
calculation would take go DAYS, and
in the meantime Lang would have
served his sentence. So we cannot
see where we could possibly gain
anything by applying for a new trial.
There is no procedure by which
new trial can be had other than that
mentioned.
MY own opinion is, and l believe
that the people generally will so take
it, that the verdict was intended
more as a rebuke to Lang for his
carelessness in purchasing the cattle
than as an evidence of the belief of
the jury that he really knew the cat
tie were stolen when he bought them
Il am informed by one of the Jury
! men that they stood seven to FIVE,
instead of eight to four, as first re-
ported, and that there was only one
vote of eight to four | am also SAT
isfied that the jurors who were for
acquittal conscientiously felt that it
would be better to consent to a light
sentence than to bring about a miss
trial by hanging out, as another trial
of the case would probably result in
running the defendant financially,
even though he was acquitted
Had the jury agreed on a peniten-
tiary sentence, the conviction would
have been as felony but as it is,
it only amounts to a misdemeanor
and Lang will not be deprived of any
of his civil rights.
Personally, | am better pleased
to see the case go as it did than to
have seen a mistrial, and the defend
ant put to all the expense of another
trial, although | feel confident that
had there been such a mistrial he
would eventually have been triumph
antly acquitted"
| 1t was afterward said by one of the
| jurymen that the first ballot taken
stood eight for acquittal and four for
conviction, and that on the next bal
lot the result was seven for acuuittal
and five for conviction. Every bal
lot afterward was with the same re-
suit, and as both sides seemed de-
termined to hang out forever, the
friends of Lang decided that would
be best to decide upon a 80 days
! jail sentence, in order to save him
from another trial of the same case.
This was done in order to save him
from financial ruin.
Another juryman, discussing the
verdict said that the agreement was
brought about to save the county the
expense of another trial, and that the
compromise verdict was thus OBJ,
tanned.