The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-03-18
TRIAL OF QUARNBERG PROVES
EXPENSIVE MATTER.
II MUST Be TRIED AGAIN
Second Jury Fails to Agree and Case
Goes Over Once More-Wit-
ness Has Good Thing.

Two attempts have been made by
the state to secure a conviction of
Carl Quarnberg on the charge of
grand larceny. Neither has been sue
cessful and most likely third ef-
fort will be made. In each instance
the jury failed to agree.
The last mistrial occurred Wednes-
day, when the jury, which had been
out all night, informed Judge Loud
that there was no possibility of an
agreement. This was in answer to
interrogatories by the court, who
caused the jurors to appear before
him Wednesday morning. An order
for the discharge of the jurors was
made andsthe defendant was held on
his old bonds. If the case is to be
tried again it will probably come up
the first day Of the ensuing term.
| it Costs Money.
! While the value of the property al
legged to have been stolen by Quarn-
berg, a 1toncho mare and her colt,
is practically infinitesimal, the cost
to the county of the several trials will
be heavy, Ten witnesses were call
ed and testified for the prosecution
in the last trial. The names of 10
more had been endorsed on the infor-
nation, but they were not called up.
on to testify. Then there is the ex-
pense Of the jury, also considerable
item.
There is probably one man who
does not care how often the matter
comes up. In the vernacular of the
street he has "a good thing" in being
a witness for the defense His name
is Oscar Benson and he resides at
Plains, in the extreme western part of
:! the state Through an error made at
the former trial in computing his
mileage he was allowed to collect
from the state line, when in reality
side of the line. For the distance
credited to him he collected $128 mile
age each time. In addition to this the
last time he also drew per diem for
two days, making Sc more, in all $134.
And then he didn't testify.
Benson was summoned by telegraph
and made rush trip to Billings. Al
i ter the state had presented its case
] the defense concluded not to Introduce
any testimony and permitted the mat
ter to go to the jury on the showing
| of facts made by the prosecution.
This was not the fault of Benson, and
he was entitled to his mileage and
fees.
State VS.. Ditmer.
! After the discharge OF the jury in
! the Quarnberg case the county attor-
rey moved trial of the matter of State
| VS.. Willis Ditmer, charged with OBJ
i tanning goods under false pretense.
The regular panel was exhausted
without jury having been secured
and a special venire was issued.
Twelve men were finally secured eli
gible to sit on the case. These were
sworn to try the matter: j. M. Bal
low, John r. Conway, A. H. Martin,
Arthur O'Donnell, George Spenddit,
G. A. Rogers, Henry Disch, Frank
Kinney, Frank Carleton, Mark New
man, T. E. Gay and D. w. Dederick.
In the information it is alleged that
defendant by falsely representing to
be the owner of q stock of merchan-
disc and other property at Shell, Wyo.,
unincumbered, he induced the Dono-
van Cormick company to sell him
goods to the amount of something over
1000. Instead of his holdings be-
ing free Of membranes it is claimed
by the prosecution that they were COW
cred by mortgage.
o. F. Goddard assisted the coun-
lty attorney in the prosecution. F.
H Hathhorn and w. M. Johnston APP
peared for the defense.
Before the actual hearing began a
lively little tilt occurred between the
lawyers for the respective sides.
Leave of court was asked to endorse
the name Of H. H. Hill on the infor-
nation, it appearing that mistake
had been made and the name OF am
other man had been entered, when