The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-01-19

alleged confession of guilt to Lathron
but they were overruled on objection
from the prosecution.
In conclusion the witness said tha
he knew no more about the case nov
than he did at the time he was il
Jail with Lathrom, and knew as mNc.
then as he did now.
. Still determined to get the state
ment before the jury, Mr.. Chappls
recalled Lathrom for the purpose o1
testifying to the conversation he hat
with Smith and proving the latter's
tacit acknowledge of his own guilt
This was unsuccessful, as the court
refused to let the defendant testify
the prosecution having objected on
the ground that nothing was contained
in the information charging Smith
with an offense
Mr. Chapple then caused Robert
Mickenheim, held in Jail pending
/, trial for completely in the horsesteal-
ing case tried last week with Purl as
the principal, to be subpoenaed. Be
fore this witness could be produced in
court, Mr.. Chapple announced that the
defense rested, saying that in view
of the failure met with in trying to
get the Smith admission before the
jury it was useless to call Micken-
| helm, as the only object in placing
| him on the stand was tc prove the
alleged conversation between Smith
and Lathrom.
Lathrom Is Acquitted.
After being out about two hours,
Including the time required to eat
supper, the jury in the Lathrom case
returned into court last night and
reported that verdict had been ar
rived alt. The defendant was found
not guilty. He was ordered released
from custody and his bond exonerated.
Lathrom lost no time in placing him
self beyond the jurisdiction OF the
court. With a couple of dollars given
him by a sympathizing friend he
"hiked" for the railroad yards and
has not been seen since. Presumably
by this time he is well on his way
back to Missouri.
While they have not the legal
proof necessary, the authorities are
morally certain that Lathpm commit
fny1 <StI ;olo \
aged to secure various sums 1t is
held that he lis the man who on diff
ferent occasions has passed forged
checks here during the last couple
of years OR so. One case is recalled
i'm particular, where he is claimed
to have realized something in the
neighborhood of $10O from a we'll
known merchant, who cashed check
purporting to have been issued by
sheepman. The employees of the
victim say they are quite sure that
the man who was acquitted last night
is the same one who uttered the
check, but their Identification is not
STRONG enough to warrant them in
making oath to it.
Accused of Stealing Colt.
Robert Mickenheim, alleged to have
been member of the gang of horse
thieves that operated in Carbon and
Yellowstone counties last summer,
was placed on trial this morning for
grand larceny. The information
charges him with having stolen a
"dirty blue or brown" mare colt about
8 months old, the property of James
Boyd. The alleged theft was commit !
ted October 6, 1908.
George H. Smith. Wright Harvey,
H. T. Ramsey, John Conway r. X. |
Babcock, 3. G. Summers, Henry Haid,
T. G. Armitage, H. G. Hendrickson,
Frank A. Condaux and George Lacey
are the jurors sworn to try the matter. |
Purl Goes Up.
Only two ballots were necessary to
arrive at verdict in the case of
State VS.. Frank Purl, submitted to
the jury Saturday evening.
Purl was tried on the charge of
stealing a pinto pony from ]. P. Van
Hoose, sub-agent at the Pryor creek
agency. The testimony offered by the
state was clear and conclusive and
when the defendant undertook to tes-
tify in his own behalf he only help
ed the prosecution, as he proved am
exceptionally poor Witness
The case was stubbornly contested
throughout. In addition to the county
attorney, F. H. Hathhorn appeared
for the prosecution. H. c.. Crippen
was for the defense and tried hard
to gain continuance, taking advan-
L