Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-03-02
IRA BOOTH
BOUND OVER
Man Accused Of Stealing a Trunk
Full Of Clothing Must Go Before
the District Court.
A LIVELY PRELIMINARY TRIAL
Attorney and Sheriff Add Spice to the
Proceedings-No Testimony
Put on bv the Defense.

The preliminary hearing of Ira
Booth, charged with grand larceny.
was held in the court of Justice Nc
Farland Friday afternoon and result
ed in Booths being bound over to
await trial before the district court.
The complaint, sworn out by Coun-
ty Attorney Oliver w. Belden upon
the information of Walter Reed, ac-
cuses Booth of having entered into
the residence of Reed neal Valentine
sometime last fall, the exact date be-
ing unknown, and taking therefrom a
trunk containing wearing apparel, be
longing to MI. and Mrs. Reed and
valued at not less than 5000. The pre-
liminary was e~nlivened by a spirited
verbal encounter between the attorn-
eys for the defendant and Sheriff
Slater. Before the trial started, At
torney Smith moved for a c~ontinu-
ance on the grounds that two of their
most important witnesses were not
present. In accounting for the alb
sence of the two Witnesses the at
torney insinuated that the sheriff had
not tried cry hard to serve the sub
poenaes. The sheriff, who was pres
ent. was on his feet in an instant
and rather emphatically averred that
every effort had been made to serve
the papers. A few mutual compli-
ments passed and Attorney Belden
cut the conversation short by saying
that the defense had their day in
court and unless they were prepared
to proceed with the case he would
file an information in the district
court and thus eliminate the prelimi-
nary hearing.
The defense thereupon decided to
10 ahead with the hearing with such
witnesses as they had there. The
complaining witness, Walter Reed,
his wife. Mrs. Reed and w. Z. Lori
mer testified on behalf of the state.
In substance their testimony was to
the effect that while Reed and his
wife were out on the roundup last
fall, someone entered their house and
stole a trunk full of clothing. 1t was
some time before they got a clue to
the perpetrators of the tneft but sus-
picion finally fastened on Booth.
Under Sheriff Ed Martin, armed
with a search warrant, went down to
Booths place and in company with
Mr.. and Mrs. Reed made a search of
the premises. They found several
articles hich Mrs. Reed identified as
belonging to her, some of which were
marked with her middle initial an"
Lorimer also found, cached in the
brush a few hundred yards from the
Booth home, a sack containing seven
pieces of clothing " n were also
identified by Mrs. Reed. It was al
legged by the witness Larimer that the
tracks leading to the sack lead up
to the Booth house.
After having put in this testimony
the state rested. Attorney Huntoon
tnen urged the court to compel the
prosecuting attorney to put all the
states evidence before the court.
The court though, that sufficient tes-
timony to bind the defen/ant over
mad been submitted and the defend
ing attorney then moved that the case
be dismissed on account of an insult.
ficiency of evidence. This, too, was
overruled and. after a short consul
tation. the attorneys for the defense
decided not to submit any of their
testimony. The justice accordingly
bound the defendant over to the dist.
riot court under a bond of $1,000
which he was unable to furnish and
was therefore remanded to the Gus.
tody of the iailer.