The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1908-03-19
Shelley H. Montgomery and Frank
[. Jackson, Charged With
Perjury Are Discharged
DECISION BRINGS REJOICING.
Court Holds That the. Exsgninatlon At
Which Alleged Perjured Testi- ].
mony Was Given Was Not
Authorized. By Law i

The final chapter in the Collier case
was written just after four 0 CLOCK Tues
day afternoon when Shelley H. Mont
gomery and Frank L. Jackson who had
been charged with perjury in connection
with the now famous automobile kill
ing were discharged by Judge Belden
after the district attorney had nolled
the case against Jackson and consented
to the dismissal Of the action against
Montgomery.
The end Of the case against Mont
gomery was not unexpected by the dis
trict attorney and the other attorneys
in the case. Nearly all day Monday the
attorneys for Montgomery had been
fighting to secure his release without
even having the case submitted to the
jury. They claimed that the examina-
ton at which Montgomery and Jack
son were alleged to have given the per
jured testimony was not one under the
authority of the law and after long
consideration of the brilliant argument
Of counsel on this point the court held
that this was the fact and this left no
further chance for prosecution. The
decision Of the court which put an end
to the case was as follows:
Upon the objection by counsel for
the defendant to the introduction of
testimony concerning the evidence Civ
en- before Justice McCarron, especially
as to what testimony the defendant
gave, the court rules that by the is
suance of the warrant of July "a, 1906,
the Justice had exercised discretion
and authority under section. 4776 R. S.
and that the, examination Of the defen-
dart thereafter was not in proceed
ing authorized by law and ] sustain the
OBJECTION
With the sustaining OF the objection
to the testimony which had been pro-
posed by the district attorney, Mr..
Baker stated to the court that he had
no further testimony to offer and coun-
sci for the defense at once moved for
the discharge Of Montgomery and the
order was entered. Almost before the
court had make his ruling E. w. Mont
gomery, the father of the defendant had
started for the space inside the railing
of the court and for minute it was
difficult to tell whether father or son
was the most relieved by the decision
of the court. The friends of Mont
gomery gathered around to congratulate
him on being discharged and it. was
noticeable that nearly every man in the
court room expressed satisfaction at the
ruling Of the court.
Mr.. Montgomery and his son hurried
ney Baker at once took steps to dispose
of the case against Jackson.
Jackson was not in court at the time
but friends of his had hurriedly tele-
phoned the glad tidings of the Mont
gomery case and a minute later he was
notified that the district attorney had
made formal motion to nolle the &C
ton against him. The nolle in the
Jackson case was entered by the clerk
of the court and this closed the court
sessions for the day.
There is no doubt but that the re-
lease of the two well known young men
will be a matter of rejoicing among
many people Of the city. The prosecu-
ton Of the two on perjury charges, it
must be admitted has not been popu-
lar one, as many people believed that
after Collier had been fined after con-
viction on charge Of manslaughter
that the case should have been dropped
However. after the information had
been filed against the two men, District
Attorney Baker seemed to believe that
he had no choice but to continue the
prosecution and while he was in no way
dlspleased by the decision of the court
on Tuesday it should be said that the
case which he put up was decidedly
strong one and that he was Influenced
in no way by the standing of the two
defendants in the community.
Attorey Baker admitted yesterday
yesterday that he had received from one
Of the defendants full story Of the
famous ride which resulted in the death
OF the old man on the road north Of the
city, but it is doubtful if this full story
will ever be given to the public. It is
certain that many people are curious
to know the real facts in regard to the
story but there is doubt as to whether
the recital of these facts would serve
any end of justice and it is probable
that the story will remain locked up in
the archives of the Office Of the district
attorney.