The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-01-16
ACQUITTED OF CHARGE. OF
STEALING A HEIFER.
SECOND CRIMINAL TRIAL ON
Jury Hearing Testimony in State vs..
RoIla 1. GIunt an Alleged
Horsethief.

FROM wednesday S DAILY Gazette.
1t was not until after court had con
vened this morning that Leonard
Luther knew whether he was to go to
the p~enitentiary or leave the court
room a free man.
His case was submitted to the jury
last evening and at 10 o'clock, when
Judge Loud decided it was time to
go to bed, no verdict had beer return
ed. About two hours later the IL
men who had been wrestling with a
verdict arrived at a conclusion, but
too late for them to be excused. The
result was that they were cooped up
in the little jury room until this morn
ing. They showed the effects of a
night spent in chairs crowded into an
lily ventilated and stuffy room and
the court took pity on them to the
extent of %excusing them until tomor-
row morning.
The verdict exonerated Luther of
the charge of having stolen a heifer
from Fratt & O'Donnell and he was
discharged from custody.
State vs.. GIunt.
Mr.. Harris being sick, former Coun-
ty Attorney Hathhorn was appointed
to prosecute the next case prepared
for trial, that of State VS.. Rolla L.
Glunt and Clyde Bentley, charged
with having driven off two horses be-
longing to Garrit DeBoor, a sheep
man on Hawk creek. Bentley was
released sometime ago on a cash
bond furnished by himself. When
called this morning he failed to re-
spond and his bond was declared for
feited. Glunt having been in Jail ever
since his arrest, last October, was
on hand and a jury was called. The
following were sworn to try the case:
D. A. Benedict, j. G. McKune, H.
Pearsall, John Kimmerle, E. G.. Sum.
mers, William Walker, John Stems,
Lester Forester, A. G. Rich, W.. L. C.
Mitchell, ]. j. Dunlavey and S. D.
Church.
The information charges that the
defendant was a party with Bentley
to the driving off of a white gelding,
branded S D on the left shoulder, and
a roam gelding, branded IA on the
left shoulder, both the property of
DeBoors The alleged offense is said
to have been. committed October 3,
1902.
1t seems that the defendants had un.
til a short time before been employ
ed by the complaining witness as
herders and wanted to drive into Da-
kota. They had several horses of
their own, but none in a fit condition
to drive, and asked De Doors to loan
them a couple. This he says he re-
fused to do and the charge is made
hat taking advantage of his tempo
rary absence they took the horses
and drove off with them. Deputy
Sheriff Harding followed them and
October II arrested them about Is
miles east of Miles City. They told
him they had borrowed the horses
from De Doors.
From what could be CLEANED from
the examination of the witnesses ii
was evident that the defense would
be that De Doors had loaned the ami.
mails to the defendants and that they
had driven them off with his knowl
edge and consent.
Notes.
Jennie Walters was granted a di
vorce this afternoon from Walter w
Walters. Desertion and non-support
were the grounds alleged. The de
PENDANT having d%efaulted, judgment
was rendered on plaintiffs proof. Gus
tody of the children, five in number
all minors, was awarded Mrs. Walters
On his showing that it would be
really a hardship on him to compel
him to serve longer as a juror at this
term of the court, L. e. Schad was ex
cused by Judge Loud today.
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