Bismarck daily tribune., 1902-12-29
.CH|LkOFF IS RELEASED.
Ulic chilkoa, Charged With the MUIR
der Of Simon Welch, Released
on His Own Recognizance.
Absence Of Material Witnesses Makes
State Decide Not to Try the
Case at This Time.
Case Against Frank Smoky Charged
With Abetting Escape, is Al
& so Dismissed.

50 AASA1lSSCQs
In the district court this morning
Ulic Ghilkoff, who has been under ar
D rest in the county Jail for eleven
months, awaiting trial for the murder
of Simon Welch, was released on his
own recognizance, to appear at the
opening of the next term of district
COURT in the county. This action was
taken at the request of States Attor-
ney Allen, who stated to the court that
with the evidence he now had he felt
that he could not convict the defendant,
and yet he did not feel that he should
be acquitted when there was evidence
which would go toward proving his
guilt, il it COULD jbe obtained, which
was not possible ait this time. The
state had a material witness who had
promised to, be present but who was
not lin attendance. He was in another
state and could not be brought here un-
less he chose to come. The witness
is the man who gave the officers here
Chilkof's whereabouts and led to his
arrest. To him Chilkoff is said to
have made confession OF his guilt
The man is not here and hence the ac-
tion that was taken in the case
Cnilkoff's alleged crime was the m,lr-
der of Simon Welch a bachelor farner
yrr1o0
of the city. The body Of Welch was
found on the floor of his farm house,
with a bullet hole Through the head.
Welch was shot with his own revolver,
which was found under the pillow of
his bed, several feet away from the
body, which lay on the floor in front
OF the stove. Suspicion attached to
Chilkoff, witnesses testifying at the
coltoner's inquest and the preliminary
examination that he had visited
Welch's place several times. Welch
was supposed to keep money about his
place and the murder is supposed to
have been done for the purpose of rob
berry. Chilkof was an ex-convict, a
Russian by birth, and trace of him was
3 obtained ait a grading camp of the
4 Washblrn road twenty mics north Of
the city When he learned he was
suspected he fled, and nothing further.
was heard from him for a number OF
months, when the officials here received
information that a man suspected of
the murder OF Simon Welch was work
I ing in the lumber camps near West SUI
peIlor. Sheriff Bogle arrested him
there and brought him back to the city,
where he has remained in Jail since
that lime
ne release on his own recognizance
was consented to this informing for the
reason that Chilkof demanded an i'm
mediate trial. The state deemed it
better to leave the case in such shape
That II the needed evidence should be
fort lthc,oming, he might be brought to
trilal, whereas an acquittaI now would
render futile any evidence that might
be obtained in future.
The case of the state agains Frank
Smoky was also dismissed. Smoky
n was charged with abetting the escape
OF John O'Neill, a prisoner confined in
the county jail charged with am escape
from the state penitentiary. O'Nedl1
escaped through am open corridor door.
In moving the dismissal of the case,
n States Attorney Allen said there was
no doubt O'Neill had escaped through
the carelessness OF the defendant, who
was acting as jailor, and left the cor-
4 rider door open, i'm direct violation Of
the orders OF the sheriff. To prove
the charge, however, II was necessary
to show collslsion between the defend
ant and the prisoner, and this could
not be done except by inference. The
defendant was discharged and the case
dismissed
The case of Jaeger VS.. Lovin went
over to the next term OF COURT by con-
sent. The case of Grimm VS.. Hoge was
set for january at 10 O'Clock, to which
time the term OF court adjourned
II Didn't Mater.
= have called, Sir. Z said the youne
man 70 the editor, ito request you to
4 make correction. sent in an item