The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1903-07-10

Something of surprise was ere
ated at the morning session of the
district court Wednesday, when
County Attorney G. H. Grubb asked
that the case against George O'Brien,
the Rexford murderer, be continued
until the next term of court. In sup
port of his motion, the county attor-
ney stated that it was unable to pro-
coed with the trial on account of the
absence of material witness, who
was in Boise City, Idaho, or at least,
that was where he had been last
all along that all the witnesses had
been subpoenaed that knew anything
about the case, and it was surprise
to all when Mr.. Grubb made his an
ncement The state refuses to di-
vulge what the unknown's testimony
may consist of, but it is considered
important enough to postpone the
case. O'Bren's attorneys had been
making a fight for continuance
from the start, and are we'll pleased
with the county attorneys stand.
Fully a dozen witnesses had been
present in the courtroom, and the
! fasco will cost the county fully $500.
| The people who made the long trip
| from ReXfOrd to serve as witnesses,
are sore over the outcome, and
show tendency to roast the county
i,tt 1yrN hnfn a
case was called that his witness was
away. The case was the first on the
criminal calendar, and would have
been tried Wednesday morning. The
worst sufferers are the two Austrians,
Steve Peters and Joe Jenmick, who
were with the victim of the hold UP
when he was killed. They are held
as witnesses under 500 bonds, and
unless some one stands good they
will have to lay in Jail until the next
term Of court.
The case Of J. G. Thompson,
called. and consumed the balance of
the day and most of yesterday.
| Thompson is accused with two others,
VIM. barlow and George Healey, of
breaking into Great Northern box
cars and stealing various articles, in
Guiding cigars, shoes and rice. Their
attorneys asked for separate trials in
each case, and Thompson's was the
first to be called. He was repre-
sented by B. j. McIntire, with S. M.
Logan as associate counsel. The
case was hard fought, a large portion
drawing a jury, and after numerous
challenges, the following jury was
selected: E. G.. Pond, Edward Lam
bert, T. G. Caldwalder, John Lade-
rott, A. LeMay, John Foss, Charles
Brown, Jr., John Mccartney, John
Bouchaine, J. r. Coleman, r. ]. Ball
and A. H. Cooper.
The presentation of the testimony
for the state took up the balance OF
the day, the witnesses examined be-
ing w. H. Reynolds, T. p. O'Connell
Charles Williams. O. p. Gregg, A
Gerke and Frank Langley.
At the close of the states testl
mony in the Thompson case. the at
torneys for the defense made mo
ton that the case be dismissed OF
the grounds of error in the complaint
alleging that it was imperfect!
drawn under the first section of tn
: law governing such cases, when i
should have been drawn under tn
second. The prisoner was being trie'
! for grand larceny, when it shoul'
e have been breach of trust. The me
ton was argued pro and con for sew
K eral hours, and at its close, Judg
e Smith instructed the jury to rende
d a verdict of not guilty, by reason O
;, the variance between the informe
n ton and proof. This was done an
5. the prisoner was discharged. A
barlow and Healey We're arreste
and would have been tried under sin
1t liar informations. they, too, We're II
4, leased. 1t is probable that all thre
j. will ba re-arrested and new inform;
"A tions filed against them.
ii This closed the criminal calends
Of for the term. and today the trial {
te civil cases will be commenced.
e On account of being incapacitate
to from duty by rheumatism in his rigl
hand, X X. Stout has been tempoTr
rily relieved. and Dudley Crowtht
of Great Falls appointed in his stea