The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1922-03-03
jury Finds Davis Guilty Of Robbery
fContinued from Page One)

brakeman, who was hunting ON the
river bottom Monday morning and
who testified that he came up TO the
cabin, and found man about twenty
rods away from the cabin burning a
sack of papers and found a large car
near the cabin and on walking over
to the cabin, and entering the door he
found four men on the inside, two
Of whom were burning papers in the
stove, among them he saw Davis,
who had bundle in his hands that
he recognized as bonds. and that he
saw mortgages and deeds laying on
the floor on which he recognized the
notary public seal Of the state of
Montana. He was only at the door
a few moments and he was abte to
describe the men and the clothing
they wore to the ninutest detail as
he did also the man twenty rods
away burning papers. Neuman, the
brakeman, was a very poor witness
and gave the appearance OF telling q
great deal more than the truth, and
saw altogether too much, but with
out Neuman, the state had no case.
Chief Of Police Nolan contradicted
Neuman's testimony as to the time he
reported. his suspicious to him. Neu-
man testified that he notified Nolan
at about nine o'clock Monday morn
ing, and Nolan testified that it was
about two o'clock in the afternoon.
Davis Takes Stand
Mrs. Fink who owned the cabin,
and who was with Davis at the time
he was apprehended was not put on
the stand by the state although every
other possible witness was. The 9th
err four men and the. car had dlsap-
.peared when Davis was arrested.
Davis much to the surprise of all.
took the stand and testified to an
alibi, testifying that he had hired out
to Mrs. Fink to clear land Sunday
morning, had come out to the place
and stayed over night, and that Sum
day morning NeIman had come as he
testified, hut did not come in the
house as he testified. That there
were no men burning papers in the
stove, and no man burning papers IN
the field. That Neuman asked where
he could find ducks and he told him
down by the water: That that morn
ing q party of four men and three
women had stopped and asked for
coffee and that they were there when
Neunan arrived but We're all IN the
house and that Neuman did not see
them. Right here Davis left the
stand, which limited, the, state to
cross examination from Sunday
morning until half past six Monday
morning, which was a very clever
trick on the part of the defense.
The case went to the jury Saturday
evening at six, and the attorneys and
court returned at eight o'clock for
instruction by the court to the jury
and for argument. The instructions
to the jury were absolutely fair. The
jury was instructed that there were
three verdicts possible: guilty of Bur
glarv with high explosives, guilty OF
Burglary ia the first degree, and &C
quittal.
Both of the arguments to the jury
were very good. Asst. Attorney Gen.
eral Cotter promised the jury that If
they would bring in a verdict OF
guilty in this case that his office
would assist in the prosecution OF
prominent citizens Of Sheridan coun-
ty, charged with crimes and who
have not yet been tried.
Mr.. Gunther handled the defense in
mastery manner, and worked like
beaver for his client at all times
and proved himself more than q
match for the states attorneys, ane
as it seems, came within mats
brow of freeing his client.
| While the sentiment of the spec
tators was decidedly in favor Of Day
is, everybody is satisfied with the
verdict.