The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-11-17
MANY WITNESSES AND JURORS
ARE DETAINED.
PANEL SWORN FOR TERM
State vs.. Shaw Again in Hearina-An-
swer Filled Alleges Gross
Fraud.

Courts may make orders requiring
the attendance Of witnesses and
jurors at stated times, but when their
ability to be present at those times
is contingent upon the prompt ar
rival of railroad trains, those orders
sometimes do not receive the implicit
obedience usually exacted.
Judge Loud learned this yesterday
morning when he ascended the little
platform in the north end of the court
room that Yellowstone county provides
and took his seat behind the butchers
counter that does duty as a bench.
Witnesses and jurors who had been
notified that they would be expected
to be on hand at o'clock were not
to be seen and no responses came
when their names were called The
missing ones, with few exceptions,
some who had misunderstood the hour
fixed and struggled in later, were all
somewhere to the west, around Colum-
bus, Park City and Laurel. The train
that was expected to bring them in
was still further west, "bucking'' snow
and tearing schedules and timetables
to pieces, each rip accompanied by
a vigorous oath from some worn and
disgusted trainman.
Panel Is Called.
Clerk Williams read his list of those
who had been summoned as trial ju-
rors for the term. These were TIE
names:
j. Ash, G. F. Treble, H. G. jolly,
G.. G. Hyatt, A. j. Gilsdorf, w. Lee
Mains, Ira Woolsey, w. F. Hemming,
Henry schissler, Phil Grein, Paul Nc
Cormick, A. c. Logan, F. X. N. Rade-
maker, A. E. Ross, Emmet Mccormick,
D. A. Kamp, John Flemming, A. p.
Smith, Albert Butler, J. e. Lannigan,
J. e. Flood, Joseph Zimmerman, D. w.
Dedrick, S. B. Sawyer, Jr., 7. J. Jelli-
son, Max Schlee, Charles G. Stewart,
Peter Larson, D. A. Milne, Frank
Adams, Edward Smith, F. w. Schauer,
j. K North, George MUIR.
Those who responded were asked
to offer such excuses as they might
have why they should not be required
to act for the term. Phil Grein, w.
Lee Mains, Henry Schissler, w. +.
Hemming, H. G. jolly, A. Gilsdorf,
j. Ash, c. F. Treble, G. G. Hyatt and
Ira Woolsey were able to satisfy the
court that for various reasons it would
not be exactly right that they should
be made to serve and were excused,
leaving the court room with grins
that spread clear athwart their re-
spective countenances.
State VS.. Shaw. %
The first case set for trial was
that of State VS.. Fred shaw, charged
with assault in the first degree. El-
mer Bentley is the complaining wit
ness and he alleges that Shaw cut him
with knife so badly that he almost
died. This occurred early in the
summer
Shaw does not deny the cutting,
but pleads -self-defense and extenuat-
ing circumstances. He was tried at
the last term of court and a mistrial
followed.
Many of the witnesses, all from the
western part of the county, were abb
sent and it was found impossible to
proceed with the trial at once. A jury
was empaneled, however, after which
the court continued the case until
o'clock.
The dozen unbiased and unpreJu-
diced men sworn to try the case were
T. J. Jellison, S. B. Sawyer, Jr., Char
les G. Stewart, Peter Larson, p. w.
Dedrick, D. A. Milne, Frank Adams,
Edward Smith, F. w. Schauer, J. +.
North and George MUIR.
Fraud Is Alleged.
An answer was filed yesterday morn
ing in the case of Ash VS.. Kamp, an
action to recover Judgment on q GER
tain promissory note, for 5000 and at
torney fees in the sum of $500.
The reply admits the debt. or rather
the existence of the note, but alleges
that the evidence of Indebtedness was
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