Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1922-09-08
ZONE
WEEPS WITNESS
in THEFT CASE
Sobs as She Testifies in FEEDER
al Court; Stories of Pair
Conflict.

With the affair of the flour unset
tied and conflicting testimony marking
the principal feature of the afternoons
trial, the case of the United States
against Clarence Hyde, involving the
alleged theft of 40 sacks of flour in an
interstate shipment from a box car on
the Great Northern thigh line" be
tween Glacier Park station and Lubec,
was suspended at 5 o'clock Thursday
afternoon by Federal Judge George
Bourouin. The case will be continued
this morning at $50 o'clock.
Hyde was on the stand as the first
witness in his own behalf when the
trial was suspended. The government
had completed its direct examination in
the case.
Threw Flour From Train
Mike Locust, implicated in the all
legged theft of the flour, through his
" testimony as a government witness
in the case, told the court that hyde
and he had ridden a freight train from
Glacier Park station to Lubec on the
night of February 6 and that they had
planned the theft of some flour from
a box car. Hyde crawled into the car
through an end door, Locust said, and
he Hocust) stood on the coupling be-
tween the cars. He said that Hyde
handed him a sack of flour out through
the end door and he tossed it to the
ground as the train was moving. inns
was repeated three times and then the
idea was given up, as all of the sacks
had been seen by Locust to burst open
as they struck the ground.
At the Lube station, the 1relgnt
A.-s -,1nI onto a siding whore II
remained for some time to allow q
couple of passenger trains to pass, 10,
Gust said. During this time, Hyde and
Locust. according TO Locusts testi-
mony. broke the seals from the side
doors of the box car and removed 81
sacks of flour from the car, These
they loaded onto a sled and hauled to
the barn on Hyde's ranch near Lubec
and stored in the hay loft, Locust said
With Brothers, He Says
This testimony Hyde denied. He
had been to Glacier Park station thai
night. but had returned in company
with two of his brothers and two other
boys, riding on an oil car from Glacier
Park to Lubec, he said. Locust anc
he had ridden toward Glacier Park tt
look for some horses that afternoon
he said. They had separated at thu
Park station and he had not seen Lo'
Gust until the next morning. He no
ticed at that time that Locust had some
flour on his shoulder, he said. A cou,
pie of days later, Locust had showI
him. a stack of flour in the hay loft
at the Hyde place, Hyde said.
Mrs. Sadie Downs testified that sht
was at the Hyde place the night tina
the flour was said to have been stoief
from the box car at Lubec. She salt
that she did not believe that Clarence
HYDE had been home that night.
She was called by Assistant United
States Attorney w. H. Meigs. repre.
~senting the government, and said thai
she had known Hyde ever since he was
n youngster and had never known bin
10 get into any trouble before. Snort.
" after she took the witness STAND
she broke down for a moment, sob
bling.
One Switched" on Other
&C Gentlemen, this is the hardest mo
ment of my life she said. "Thes'
boys got into this trouble together ant
one of them Switched on the other.
She testified that she had risen earl.
to make herself some coffee and ha'
seen two men approach the bar with
sled apparently heavily loaded. Sh
said that, at the time, she thought tina
the cargo was wheat and paid no fur
Their attention to it. Later Locust an
HYDE each carried a sack of flour int
the kitchen. Locust emptied the tlou
from the sack that he was carryln
into a flour bin and put the sack IN tn
stove, she said.
She said that she asked him to say
the sack as she wanted TO make a
apron of it. He replied, according {
her testimony, that he had plenty o
them.
Attorney d. w. Doyle is counsel 70
the defense in the Hyde case. tn
Jury was excused by Judge BourqulI
at s O'Clock until $50 this morning.
Denies Motion to 0uash
Motion previously made by Attorne
!. \. Thelen, counsel for Harvey Noble
Alex Stewert, Martin Ernest an
Charles Z%ukerman, charged joint
with perjury, to quash the perjury pro
ceedings, was denied by Judge Bour
ouin Thursday morning. The perJur
case has been set for trial Saturday
September g..
William Guardipee, Indian youss
charged with the theft of horses on tn
Blackfeet reservation. was acquitted b
a federal court jury after a half hour
deliberation. The case against job
Red Fox. charged with q like offenst
was dismissed upon the motion of AS
sistant United States Attorney Ronai
Higgins. Attorney j. n. Thelen wa
counsel for G~uardipee.
Lorenzo White was acquitted OF
charce IF selling and t~ranSDortln