Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-10-28
SCHULTZ IS
DISCHARGED
Man Who is Alleged to Have Stolen
Product From Gold Reef Mining
Company Gets an Acquittal.
ANOTHER TRIAL FOR MAeALLoN
Jury Sent Out Three Times by the
Judge But Were Unable to Agree
Court Term Closes.

The time of the district court since
the last issue Of the Argus has been
given, for the most part, to the hear
ing of two criminal trials-the Schultz
and Magallon cases.
The case of the state VS.. John T.
Schultz was called for trial Thursday
morning. Schultz was accused of
stealing some Of the product of the
Gold Reef Mining company mill at
Gilt Edge. First Asst. Atty. General
Frank w. Mettler, of Helena. appear
ed with County Attorney Belden for
the prosecution, while Huntoon. Wor-
den & Smith were the counsel for the
defense. 1t was almost the middle OF
the afternoon of Thursday before a
jury was secured, the original panel
having been exhausted and a new
panel of fifteen names drawn.
The states witnesses were County
Clerk and Recorder Frank J. Hazen,
Superintendent J.. II. Mccormick, of
the Gold Reef company, Captain Hill,
of the United States assay office in
Helena, George J.. Bach, cashier of the
Judith Basin Bank. Sheriff l.. p. Stat
er, Prof. G. w. King, of the State
School of Mines in Butte.
The case of the state was that the
defendant had access to the room in
which vas kept the cyanide precipi-
tates, the form in which he is alleg.
ed to have stolen the gold. that in the
months OF February and March of this
year the output of the mill was ap'
proXimately $4,000 short, as shown
from head and tall assays: that
Schultz had given Captain Hill about
81 900 in cyanide precipitates to run
for him and had later made a deposit
of $1,000 in the Judith Basin Bank ol
this city. When arrested Schultz had
In his possession a gold button valu.
ed at about S62, and which, together
with some of the product of the Gold
Reef mill, was sent to Prof. King foI
analysis. His analysis showed that
both the button and the Gold Reel
gold contained tellurium. an element
which is of very rare occurrence in
the product from the mines of Mon.
tana. It required all of Friday for the
states attorneys to finish their case
The defense placed David Scott, X
J. Johnson and DR.. |. NJ. Beatty or
the stand as character witnesses. L
II. Crabtree was put on the stand tc
prove that the Spotted Horse mine
product shows tellurium in an analy
sis. BY Superintendent J. II. McCor
mick they attempted to prove thai
there might be certain losses from
overlooking tanks, and w. w. Badger
bookkeeper for the company, was puI
on the stand to show that there wa:
really no loss during the months o.
February and March. The arguments
were closed about 8 o'clock Saturda,
night and the ase went to the jury
that night.
Rather to the surprise of a greaI
many people who heard all of the evi
dence. a verdict of mot guilty" wai
brought in. The attorneys represent
ing Schultz made a skillful defense
but did not succeed In successful,
attacking the excellent case made III
by the state.
This paper has nothing agains
Schultz personally, but it is believed
had the cas- been prosecuted by al
individual instead of a corporation h,
would have been convicted.
On Monday the case of the state VS.
JudsOn Magallon came on for trial
Magallon is accused by Eugene Still
man of having killed one of Stillman'I
calves. He had a preliminary hear
ing before Justice Mcfarland on tn
End of September. at which time thu
justice did not believe that the evi
dence justified holding the defendant
County Attorney Belden. thinking bet
ter of the case, filed an information il
the district court. There wasn't mucl
evidence but a great number of wit
nesses and what evidence was intro
duced a very contradictory. TIL,
case went to the jury yesterday morn
ing. After celebrating for severa
hours they returned to the court room
and reported unable to agree. TIL
Judge sent them back to the jur.
room with instructions to use ever,
effort to get together. A second tim
they came In with a mo verdict re
port and were again sent out for I'll
teen minutes elaboration. But it wa
all to no avail and when they cam
in the third time and Foreman j. NJ
Parent announced that they were nj
terly unable to agree the Judge dis
charged them. after first thankin
them for their services.
On Thursday the case of F. /
Wright VS.. r. B. Mathews was dl!
missed in pursuance to stipulation Q
counsel for respective parties.
The case of A. r. Ledouy VS.. r.
Mathews was dismissed on motion Q
counsel for defendant.
The case of Montana Railroad con
pany. a corporation, VS.. Frank Da.
Charles Lehman ct al, was continue
until October 2S, 1903.
! In the matter OF the estate of Wi
liam Battams, proof having bee
made. letters of administration gran
ed as prayed for by Abraham Hog
, land.