Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-08-08
JOE PLETINKE
A LUCKY MAN
Owing to an Oversight, Two Witness.
es Are Not Allowed Testify
Against Him.
CHARGED WITH STEALING GUN
Jury, Under instructions Of the Court,
Returns Verdict Of Not Guilty
-HodQden's case.

The trial of Joseph Pletinke, charg-
ed with grand larceny, was taken up
in the district court Saturday morn
ing, County Attorney Ayers prosecut-
ing and o. w. Belden appearing for
tn defense.
It was alleged that about June IL
last, Pletinke stole from the room of
former Sheriff w. D. Deaton in the
Waite house a fine silver mounted
Colts revolver belonging to Mr.. Dea-
ton. The defendant took the gun to
George Stoudt's saloon and tried to
obtain some money on it, but Mr.
Stoudt recognized the weapon as Mr..
Daton's, and called in Marshal Burke,
who placed Pletinke under arrest.
The prisoner asserted at the time that
he had bought the weapon from q
man in Great Falls.
The following jurors were sworn, af.
ter several had been excused on per.
emptory challenges: E. F. Tuttle,
Thomas McKenna, Alex. Raw, Sam
Wolf, w. D. jackson, Frank Degner.
G. L. wentworth, H. M. Packard, w.
G. Weston, Chris Stoudt, Scott St
Germaine, H. Decker.
Witnesses Ruled Out.
Mr.. Ayers asked permission to call
two witnesses, Likes and Van Housen-
dank, whose names were not endorsed
upon the return, and this was object
ed to by Mr.. Belden on the ground
that these witnesses, of whom the de-
tense had had no notice, could not
be brought into the case after the
trial had actually commenced. The
objection was sustained, and an agree
ment between counsel to the effect
that w. D. Deaton would testify that
he owned tine gun and had not parted
with it to thes defendant or anyone
else was read. The state called sever
al witnesses, all of whom testified to
the ownership of the weapon, and
Marshal Burke and Mr.. Stoudt told
Of the incident of the defendant try
ing to pawn it.
Verdict of Not Guilty.
u0 SIdlC lSotCu AOAO, eSA0 NAAs Iva
den moved the court to instruct the
jury to return a verdict of not guilty
on the ground there was no proof
whaever that any larceny had been
committed within the statute OF limi.
tations.
Mr.. Ayers insisted that the agree.
ment as to Mr.. Deaton's testimony
covered the point raised.
ESU4> aro 3cNsk a0ron af evidence
here as to the time the gun was
stolen" said Judge Cheadle. "There
is nothing for the court to do but re
quest the jury to return verdict
Of not guilty. There is no proof al
to the time the offense was commit
ted"
When the jury had retired. his hon
or remarked: "Of course, the court
could summarily override the motion
but the defendant, I suppose. is with
out means to take an appeal, which
is all the stronger reason why tn
court should protect him in his rights
The Jury quickly returned with {
verdict of not guilty.
Some Additional Jurors.
When court convened yesterda!
morning, Judge Cheadle announced
that some of the jurors from distan
points who had been in attendance
for some time, and who had valit
reasons to offer for being excused
would be allowed to go, and to I'll
the vacant places another venire
20 names was drawn, and made re
turnable Friday next at 10 a. m
Those on the list follow: John Ian
cey, Ralph Merrill, B. e. Stack, G. c
Nolt, p. c. Heath, William Ready
Henry Montgomery. p. c. Weyder'
Otis Iish, Joseph Wunderlin. Angus
Mier, Fred Heckford. G. N. Caldwell
e. ]. Deffenbaugh, John Milne. Hel
man Ottiin, T. e. Nichols, B. S. In
tie. Archie Mccormick. A. Toganett
The case of Michael Corcora
against Alfred Holman, in which tn
plaintiff sued to recover about $35
alleged to be due for work and mi
terial furnished in the cOnstructio
of a house, was called for trial, RI
dolf Won Tobel appearing for tn
plaintiff. while H. L. De Kalb repr
sented Holman. A jury was sworl
and a recess was taken until 2 p.
on the announcement that negotiation
were in progress for settlement OF
of court. Upon reassembling. 1t VIZ
stated that the case had been sc
tied, and in discharging the juror
Judge Cheadle said he had tried
get q case for them to trial. but OF
defendant in criminal case insiste
upon pleading guilty. while in u
present case. the parties had adjustt
their differences.
The Hodgdon Case.
The case of C. G. Hodgdon. repr
senting the Spaulding Buggy col
pany. on appeal from the justice
court, where the defendant was mt
for failing to comply with the Ia
requiring one selling buggies FRO
samples to pay county license
$500, came up this morning. the sta
being represented by o. w. Beld
and County Attorney Roy E. Aye
while William Wallace. Jr.. OF H
ena, and Huntoon. Worden & Smi
appeared for the defendant. At t
outset, the state put in motion
the dismissal of the appeal. on
ground that the court was withe
jurisdiction. This was taken qqs