The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-03-01
JUDGE LOUD OPENS DISTRICT
COURT FOR TERM.
FRANK ROBERTS RELEASED
Motion by County Attorney to Drop
Proceedings Granted-Defendant
Discharged, Bond Exonerated.

A week from next Monday, March
IA, is the date fixed by Judge Loud
for the district court to begin real
work of the term that began today.
This morning when his honor for
mally opened the term he called the
calendar and set cases for hearing.
An order was made drawing the
names of 40 men returned as quail
fled to serve as jurors. The follow
ing were drawn:
Frank Kinney, ]. NJ Ballow, Frank
Carlton, ]. W. Cole, M. A. Jacobs,
Phil Grein, Edward o. Donnell, r. N.
Wilson, Ole Norman, w. Hansard, J..
M. Shoemaker, Horace Metcalf, George
Spenddiff, J. g. Flood, j. H. Dover
A. H. Martin, Arthur O'Donnell, L. A.
Nutting, John Miller, A. s. Mooney,
John R. Conway, A. Coll, R. j. Lord,
7. 3. Gay, Henry Disch, ROLAND Pot.
ter, William Scott, L. A. Spaulding.
John Chandler, h. B. Claf1in, W. M.
Banta, w. e. Bowles, F. H. Brown,
Herman Beacraft, c. F. Burton, R. L.
Potter. NJ R. Cedergren, Mark New
man, R. J. Diamond, G. H. Rogers.
Roberts Is Discharged.
County Attorney Harris presented
a written motion for permission not
to file an information against Frank
Roberts, who has been under bonds
for his appearance to answer to the
charge of grand larceny.
Some time ago Roberts voluntarily
surrendered himself ON confession
that while acting as messenger for the
Northern Pacific Express company
between this city and Red Lodge he
had abstracted package contain-
ing $4,000, the property of the Carbon
County bank of Red Lodge. Subse-
quently his friends interested them
selves in his behalf and through their
efforts the money missing from the
package-he had appropriated only a
portion of the original amount-was
made good, upon the assurance of the
express company and the bank that il
this were done they would not prose-
cute Roberts.
Although this had been done before
court adjourned at the last term, the
matter was allowed to rest until to-
day, when Mr. Harris made the motion
referred to.
Accompanying the motion was a
statement from the bank that, it had
been reimbursed and did not want
to prosecute the accused. A letter
from the superintendent of the express
company was also attached in which
a like desire was expressed The
letter further declared that Roberts
had been in the employ of the company
for many years and until his one
lapse had always been regarded with
favor as a reliable and trust
ed employe. The superintendent add
ed that he had only the kindliest per-
sonal feelings toward the man. A tel |
egram from the agent at Red Lodge
to the superintendent of the company |
was another part of the enclosures.
In this it was stated that the money |
taken was the sole property of the !
bank.
AS a part of his motion was an |
affidavit by the county attorney in
which he set forth that he had been
informed by friends Of Roberts that |
the defendant had been drinking |
heavily prior to the commission of |
his offense and that he was mot in
his right mind at the time. Believ-
ing this statement, and in view of |
the nature of the accompanying docu-
ments, Mr.. Harris asked the court to
grant the motion and permit the dis
charge of the defendant.
The motion was granted, the defend
amt discharged and his bond exoher-
ated.