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BTTE INT MOUNTAIN
VOL. XXI. NO. 264 BUTTP. MONTANA. TIURSD VENING. JA'ANUARY 30, 1902. PRICE FIVE CENTS • ,nmn wm mmmm, nm mnmu mmNnnnnu nalulain~lt -AI N* n ~Nl~~~vlo WAYS AND MEANS COMMITEE WANT WAR TAXIS R[E[AL[D VITANIMOUSLY AGREE TO RE PORT BILL TO uNNUL SPAN XIII WAR REVENUE ACT. CHAIRMAN PAYNE'S STATEMENT Repeal Will Take Effeot January 1, 1908, and the Total Reduction Is Said to Be $77,000,000-Country Will Start on Next Fiscal Year With Nearly $200,060 to the Good. (By Associated Press.), . Washington, Jan. 80.--The house com mittee on ways and means unanimously authorized Chairman Jayne to report a bill to repeal all the Spanish war rev enue taxes except the tax on mixed flour. " The repeal is to take effect January 2, 1902, except the duty on tea which is to take effect January 1, 1903. Chairman Payne made a statement showing that the total reruction would be $77,000,000 annually. The delay in the repeal of the tax on tea is for the purpose of enabling the stocks on hand to dispose of them before the repeal takes place. Mr. Payne says the country will start upon the next fiscal year with $174,000, 000 available cash. An amendment was offered by Mr. Newlands to except from the repeal the tax on petroleum and sugar refiners, and by Mr. Richardson to repeal the custom duties on trust-made goods. both were defeated by party votes. Mr. Newlands' amendment also pro vided for a tax of one-tenth of 1 per cent on gross receipts of all corporations whose annual receipts exceed $1,000,000. NEW EVENING JOURNAL. First Appearance of the Salt Lake Telegram. (By Associated Press.) Balt Lake, Utah, Jan. 30.-The Salt Lake Telegram, a new independent even Ing journal, made its appearance today. Its advertised mission is to pror-,o4 the mining, industrial and otber material In terests of Utah and its metropolis. William M. Butler, formerly of the Cin cinnati Commercial Gazette, is the pub lisher, and Dr. Goldsmith Bernhard West, late of the Washington, D. C., Times, is editor. The Telegram publishes the full leased wire report of the Associated Press. CO[LLIDS WITH TU FER3RY BOAT IB RUN INTO DUR ING A SNOW STORM. CROWDED WITH PASSENGERS Looked Like a Complete Turnover for a Time But the Worst Was a Few Fainting Women-Boat Was Not Damaged. (By Associated Press.) New York, Jan. 30.-The Jersey Cen tral ferry boat, Central, was run into by a railroad tug in the North river during a snowstorm today. There were 500 passengers on the ferry boat of whom about 100 were women. The Central found If very heavy going in the storm and was feeling her way slowly out into midstream. About a quarter of a mile from her slip at Communipaw, one of the heavy tugs of the Baltimore & Ohio railroad, having in tow a float carrying a dozen loaded freight cars, crashed into the Central below the paddle wheel on the women's cabin side of the vessel. Before the Central could reverse her power, the tug had forged its way through the light woodwork that covers the ladies' cabin and the women Inside were panic stricken. No One Was Injured. Their shrieks combined with the crack ling sound of breaking timbers quickly brought a number of the men passen gers over to their side of the boat. The men rushed over so quickly that the Central careened and it was feared for a second that she would turn turtle. The Central's running gear was not damaged, however, and she soon righted, and proceeded to her New York slip. Twelve women fainted, but they were soon revived. No one was badly hurt, The snow which began falling here yes terday morning continued through the night and today. At 9 o'clock this morning the total fall was four inches. NOTORIOUS BURGLAR KILLED. One Officer Mortally Wounded-Au thorities Waited for Cracksmen. Galllpolis, Ohio, Jan. 30.-Two noto rious burglars and eracksmen are dead, rDeupty Sheriff W. S. Mannering is se verely wounded, and Marshal Peter Fitz enwald is mortally wounded as the re sult of an attempt to rob Mrs. Mary Priest, an aged and wealthy widow of this city, last night. The plans of the robbers had been re vealed to the Athens officers, who came here yesterday and with the local offi cers secreted themselves in the house. Upon the appearance of the robbers a battle ensued, in which both were killed and the officers named Injured, The robbers' names are given as Harry Williams and John Nye. They were leaders of a gang that had committed many burglaries in this see tion. SHERIFF TUBBS COMES AFTER MURDERER WOODARD. * (Special to Inter Mountain.) Billings, Jan. 30.--heriff W. E. 0 0 Tubbs of Casper, Wyoming, ar- 0 Srived here this morning for Cnas. 0 * Woodard, the murderer of Pherift * Riches of Natrone. county, %yo- 0 * ming, captured near Laurel Mon- 0 Oday. , Wuo,'ard acknowledged his iden t ity and talked considerably, but 0 denies killing the sheriff. He is 0 0 willing to r. turn to Casper without 0 C a requlition and the men will 0 . start with him tonight. 0 n The injuries received by Wood- O . ard at the time of his capture 0 - are troubling him some. 0 y .> He asked this morning for his 0 y!i wife and wanted to know if she O S0 was In the city. O BUILD A CREAMERY e W. H. PIERCE WILL ERECT LARGE e ONE NEAR WOODSIDE. ON THE CO-OPERATIVE PLAN Will Require the Milk From About Seven Hundred Cows and Will Mark an Epoch in Bitter t Root Prosperity. (Sp)ecif. to Inter Mountain.) (I Hamilton, Jan. 30.-W. H. Pierce, for several years manager of the Bitter hIoot stock farm creamery, has about colm pleted plans for the erection of a large creamery near Woodside. The farmers of the surrounding country have been interested in the project. Mr. Pierce furnishes the capital and erects and runs the plant, the farmers contracting to furnish the milk from a certain number of cows for a period of five years, at the end of which time they have the option of buying the plant and I continuing the same on such co-operative plan as they then judge best. The creamery will require the milk from between 500 and 700 cows. Separ ator stations will be established at other points in the Bitter Itoot valley and the cream from the stations will be shipped to the creamery. The creamery depart ment of the Bitter Root stock farm hay, always paid handsome returns on the in vestments. The building of the new creamery marks returns on the son athe maon marks the introduction of the dairyl,:g business In the Bitter Root valley along lines similar to those which have brought prosperity to many section of the h]ast. VISII[D ANACONDA COUNTY ASSESSORa WINED AND DINED IN 8MELTER CITY. LOOK OVER THE NEW WORKS Pleased With Their Entertainment in Both Butte and Anaconda-B., A. & P. Put a Special Train at Their Disposal. (Special to Inter Mountain.) Anaconda, Jan. 30.-The county asses sors of the state and their friends to the number of 30 arrived in the city this morning at 11 o'clock. They were met at the depot by the officials of the county of Deer Lodge and conducted to the courthouse. After thoroughly Inspecting that and the county jail, they were lunched at the Montana hotel. This afternoon a special train was pro vided for them by the B., A. & P., and they were taken to the lower works and converters. From there they went to the new re duction works, where the greater part of the afternoon was spent. Go to Their Homes. The assessors were accompanied by some of the officials of the railroad, and also of Anaconda, as well as by the county officials of Deer Lodge county. Some of the assessors will remain over night in Anaconda, but the majority will leave tonight for their homes in the va rious portions of the state. The assessors are much pleased with the treatment they received In Butte dur ing their annual meeting, and speak in the highest terms of those who helped to make their visit a pleasant as well as a profitable one. Some of the officials were In Anaconda for the first time, and were astonished at the extent of the smelters and the immense amount of work that is being done there. Mrs. McKinley's Cousin Dies. (By Associated Press.) St. Joseph, Mo., Jan. 30.-Mrs. Mellssa Emlly Saxton, "widow of late James Sax ton and a cousin of Mrs. William McKin ley, died here last night aged 84. General debility was the cause of death. May Join Reform Club. (By Assoolated Press.) New York, Jan. 80.-Andrew Carnegie has been proposed for membership in the Reform club of London by George Armlstead of Dundee and SIT Francis Mowatt. MtN UNDER ltIAIn S[NTNC ESCAPt fhM JAIL. Biddle Brothers, With the Assitaade of the Warden's Wife, Lock Up and Seriously Wouid five Guards and Disappear---it Was Cleverly Done. (By Assooiat4d Pares.) Plttsburg, Pa., Jan. 80.-Edward aid *oln Blddle, awaiting execution in the county jail for the murder of Grooa, .ltmas D. Khaney of Mount Wash ington, overpowered the guards at 4 o'elock this morning and escaped. Both prisoners had been provided with saws with which they cut the bars in the cells. The prisoners occupied adjoining cells on the second range. They evidently had assistarce from the outside, as both were armted with re volvers. Shortly after 4 o'clock, one of the Biddies called James McGeary who had charge of the outside gates and asked for some cramp medicine In a hurlry, saying his brother was dangerously sick. McGeary hastened to the cell with the medicine, when John Blddle sprang through the opening of the cell and seszing the guard around the waist hurled him over the railing to the stone floor ben ath, a distance of 16 feet. Shot the Guaurd. Edward Biddtle joined his brother Ihimediately and both, with drawn re volvers hurried to the first floor where they met Guard Reynolds and shot him. There were but three men on duty, and the third was on one of the upper ranges. He was ordered down at the point of revolvers and the three guards were put in the dungeolt. The keys were taken from Keeper McGeary and the two desp. ate pris oners had a clear field The only persons who witnessed the escape werea prisoners who could not interfere or give an alarm. The Biddles went to the wardrobe where the guards keept their clothing and etch pdt on a new suit. They then unlocked the outside gates, and passed out Into Ross street. The escape was not discovered until the daylight guards came on duty at 6 o'clock. They were 'nhformed by prisoners where the night guards had been put and they were soon released from the dungeon and sent to the homeo pathic hospital. Warden's Wife Caused Esoape. Warden Peter K. Soffell has autho iea the publication of the allegation that his wife is responsible for the furnbhitg of the revolvers and saws to the BiddIes which enabled them to escape. In her infatuation for the handsome desperado, Edward liddle, it Int al leged she had left her husband and her four children an it is supposed, is to meet the escaped convicts at a placeo agreed upon. The story of the matter is brief. Mrs Aoffell was the only person admitted to the jail since last Sunlday. Yesterd ay afternoon she visited the Biddle dur ing the warden's a lsenee. Last evening Phe retired at 9 o'clotk. Slhe told her hursband that she was going to vislt a sister at McDonald's, and that tile could retire early so that she could get, an early star.'t. Warden Soff'ell was absut the jail until about 12 o'clock. lie rethrid It his room. which is separate from Mrs. Soffeli's, sho:tly belfore I o'clock. When he awoke this morning he asked for Mrs. haoffell and wacs Infornred that ella was absent. Later, when the detaain of the esc'ape bename kito;\ , ihe telephoned to MIcDonald and was informed thatl Mrs. Soffrell was not therIe. Warden Soffell immediately made a frank con,'sselin of hie suspllcions. Cleverly Carried Out. The ruse of the Bltldle was a clever one and was carried out with great success. Nothing suspicious tome noticed in: the actions of the two prisoners, nor was anything wrong discovered when the day guards went off duty yesterday afternoon. The murdercra evidently a awtid the hers during the night, using what appears to have been soap to , le#.n the noise and reduce the friction. Their escape Is unparalleled, a.s Isth te ' record for crime throughout the vicinlity. The police all through the country are scatlching fatr the Iliddles. The two guards Injured will pr·obhcblv recover. T'h bullet wound sus tained by Lteynolds Is not regarded as dangerous. The phyatclians have 'been unable to es.' talen ais yevt the full extent of Mc G(eary's wounds. H-is head is badly contu.d,, but there tare no sjgns that his ck.ull was fractured by his 10-foot fall. Story of Their Crime. For several months prlece'ding the Kh.,ney murder, daring robberies were of almost -nightly occurrence. The police sienlem. rpower'less to prevent thenm, and netrvous citizens retired at nig1ht in frear and trembling. On the morning of April 12 last Mis. Khotney was awakened by bIurglars and called to her husband, a cripple, 'hoa wans sleeping in an adjoining Ioon Ii th one of the children. As he entered his wife's room, he .a :.hot itldeid. The, buirglars thian flied. A few hours Ilater, Detective Pa-trlik i'lizgxi'erald anild two ofillc"'ars sur'pri4edl the Biiddle br'others at their home on POlton stireet, but before ,they were eap tured Fitzgerald was killed and Edwa rti liddlce, who .huat him, was dantlger ously wounded. YOUNO ADVENTUR[S SENT NOME PARENTS OF TWO MISLAID BOYS HAVE BEEN LOCATEtD IN SPOKANE. SEND AFTER THE RUNAWAYS Ready Enough to Return Home as They Are Tired of Box Car Life Lied at First But Finally Tell the Truth. (Special to Inter Mountain.) Big Timber, Jan. 30.-The parents of Johnnie Duncan and Freddie Crowley, the 14-year-old runaways, who were ar rested here Saturday, have bedn located in Spokane. The young adventurers have claimed I up to today that their home was In Elk ton, S. D., and that they left there sev eral months ago, and have since been wandering through the Northwestern states, but it was learned yesterday from' the authorities in Elkton that their parr ents resided in Spokane Upon being confronted with this infor mation the kids broke down and ex pressed a desire to return home. Sends Them Home...... Sends Them Home. Sherift Fallang communicated with their parents and this morning received a telegram to furnish the boys tickets and put them on the train in care of the conductor, and Mr. Duncan would meet them at Helena. The boys left home about 10 days ago, and having little or no money managed to beat their way on freight trains as far east as this point. They were found riding in a box car with the mercury 20 degrees below zero, were thinly clad and had had nothing to eat for nearly 24 hours. College President Dies. Plttsburg, Jan. 30.-Dr. Rev., A. B. Mih. ler, for 11 years president of Wayns.g burg, Pa., college, died today of paralysll. WILL TO fROLICT MIN[RS OODY OF OREGON PRESENTS A MINING MEASURE OF A GEN ERAL CHARACTER. OWNER TO, PROVIDE PURE AIR German Marines in Full Uniform Caused Much Confusion Upon Entering the Public Gal lery in the House.. (Hy Assnoclated Prcss.) Washington, Jan. 30.-After sone pro liminary minor business today in the house, the cormmittees were call.d and ,M1r. Moody, of Oregon, from the Iolliltlt. tie on mining, Ilresented a bill for the protection of miners In the territ,'ries. It provides that every mine over 100 feet in depth, mine owners be required to provide 500 cubic feet of lure air' for every 15 miners. Mr. Laeey, of Iowa, the author of lthe bill, urged the Importance of proper yentilation of coal mines. He offered an amendment prw viding .that the managers of coal mines should employ shot firers to fire shots therein. German Marines Cause Commotion. While the bill was being discussed something of a stir was caused by the lapplearance of oflicers and marines of SlIhe German cruiser Moltke, who narched EilIto the public gallery in uniform and accoutred with their side arms. The confusion was so pronounced that the speaker was obliged to call the house to order. The Lacey amendment was adopted and the bill was passed. T'he house then went into committee of the whole and entered upon the con slderation of the bill for the creation of g.permanent census bureau. Rear End Collision. Ogden, Utah, Jan. 30.-A rear end col 'ipion of two passenger trains occurred $0 Gnolconda, Nev.&d, on the Central Pa olflc this morning. One passenger, name -nUknown, was slightly injured. Traffic was blocked for four hours. JOE SIIAfR, SLAYER f0 HAWKINS, TWICL SENTENC[D TO DEATH, IS fR[~ Josepa Shafer FILES NEW BOND SENATOR KENNEDY MAKES TRIP ON A SPECIAL TRAIN. WAS RECEIVED BY THE CLERK Surety Company Attorney T. C. Bach Must File a Written Motion in the Case in Place of the Oral One Made Today. (vperahll to J:itor Mountain.) ltlllll, .Jimll 30.--in the cAse of the Ihelaware ilurely company in the snu plreime court today, the clerk was In ;:ructed to Inform lll ill partiesl concerned to appear at 2 o'clock tomorIl'row, whenliI 1an ol'der will be madl. T'. iI. Iach,t lattorney 3 the Murott collJpllny', wis aln instrul '2(cl i to tfile 1 written Iimotlion in plale ol the iral onoi made today. The partles cited to nppenr tomorrow are the Montana Ore Purchasing com pany, the Boston & Montana, and the Delaware Surety company. Mr. Hacih must state in his motion that he is the authorized attorney for the sullrely cllotplany, whichl will take out Its $3:,0,000 ,cash bond anid ll t a regular bond l In llle of it. 'I'his morning thle clcrk of theI cort re celved the now bond for $1,110,000, which was blrought from linute o)n at Sprelul train by Strate He1n1 tor J. M. Keinnedy this mornllllng. The NuItll le(I of thie t Ihlld I ll'( as fol lows: i1. I,. i'rlan k, $150,000(; Lel I)aven port, $25,l000; lhenry Muellri, $100,000; I'harles W. C'lhrk, $100,000; In'yette, llar ring'on. c:lhllier IrirtI 'ilver Ilow Na I(onal hunk, $25,000; Edwa rdi Muiloney, $40,000; J. II. ''l'r rise., $2r,,tll0 ; ('crl U. 'ilngle, $5000; Henlator L,1eI Mantle, $50, 000; Adolph itriclhel, $5000; A. I'. SprIKKM, $20,000; V'. V. Norcrose, $25,000; lRobert W. Irllrnilr, $25,000; Adolph Wetz'xtlii, $35,000; MrH. M. Ir. Itelley, $15,000; Frank tollcher, $25,000; J. II. Maloney, $10,000; Mrs. J. . M. Kennledy, $10,000; Iouis KIcur man, $25,000; F. Augustus ][-lnze, $350, 0001; l.outn J. ('htamtlpagne, $10,000; K. H. Itl tll rger, $15,000;: lliver I'h\evrler, $5000, Ia ld 1). 1)or is, $5000. OWNS BRONX REALTY. John Corbfn Finds Himself an Unex pected Heir. (Ify Asnoiatled Press.) New York, Jani. 30.-John Corlin of hBrooklyn, has been Informed that he is heir' to Iproperty In the Ilronx valued at $15,000, and that the lawyer who dis eovered this fact is on thoe truck of other pieces of really which may be worth in the agrKegte of $100,0C0 The city recently sold a 10-years' lease to vatlsfy a tax ollt .,n 121 ..'i',1 prop c-rty. TJ'hl in a'll that has been round so fur of the fortullc minude yearsl ago hby Peter Itoltllard, It (;Guernsely nian anid gold seek r inl Australiat llld I'altornlla. iob lllr, who was Corhin's uncle, left Uu-rrnHsey In 1840, anid after accumrnulatlng conallldt-erabltlh property camrne to New York, where he lheame in contrailctonr. He died In 1855, and] waun HulslueId toI htlvt lost ht1 orntunl-. Rec',(,intly In1 |lIooklng up fllb, th proplerty hI thI IliIorIx, thlle Iic(i-I m nti' ionllled 'ltua fIulild IIwn·ll-rII8ls Iy 110 attorlIly, and the teil IwatI found. BUYING TXE TIMBER. Northern Pacific Lands Passing to New Owners. (Ity Ana1-liatei- Preyss.) ipok:il'cn, Wu.Ih., Janl. 0.--Th Northern a:cfltic- tln.,bt r I:lrld.t4 In Estl lrnl WIashtlg t2n Iare lIIlly ]pasinllg t2o new owners. The sale of eIliht tlollru;tnd acres near MllIn, Wlhllington, t2 the saw mill I'hoenlx of this city is announcel today. W. I'. Edtwards of -the Elk mils has also purchased 9000 cares. Sales aggregating about fifty qaleare miles of NorthPrn Pa Ific land in the vicinity of Milaon to mill owaner have been announced this week. Former Blave Dies. (By Assoctlated Press.) New York, Jan. 30.--Peter Lee, a col ored servant who was born a slave In 1804, is dead on the estate, at Castle Point, Hoboken, of Col. Edwin E. Stev ens, the millionaire machinist. When slavery was abolltahed in New Jersey, [ee was given his liberty. He returned the next day, saying that he had en joyed all the freedom desired. SBlnce then he remtained at the Stevens hbmesteaU. WITNESSES OF MURDER ARl DEAD AND GONE AND COUNTY ATTORNEY GIVES UP FIGHT. CASE DISMISSED THIS MORNING "You May Go," Said the Court, and Shater Went in a Hurry-Has Spent Your Years and Seven Months in the County Jail Awaiting His Trials -Attorney Breen's Motion. After being confined in the county jail for tour long years and seven months, 40 months of which he was under sent ence of death, Joseph Shafer, the mu latto who killed a colored man' named John Hawkins, in the city in 1897, is once more a free maln. This morning County Attorney lireen made a motion in Judge McClernan's court that the charge against Shafer be dismissed, all the witnesses in theIl case being dteld or gone, and Judge Mt'(ler nan set the colored maln free. Tihe whole proceeding was very brief and without sensational tearll lrs. The court made its order and the colored man took hins hat, rose fromt the chair and deplarted quickly, without a word, his friends shlking handt with him in a corner of the court roomn as lie passed out. lctfore court opened Phafer wits brought from the county fill by the sheriff's offHlers and given a Heat ait the bar, besides hleorge Johnson, it tolhred man r(,e('llly granted aI new trial for thi' rollbbery of Jitnmnes It. Vier, andi whose trill was to follow Hitafer'*H this miiorn ing Wore Their Store Clothes. I0th cohlored 14men wore well gilonteld. Johnson, who in several shndh a du'ker ithan ShtItfer1', \wo're a wide expanxrilHIe of whilte shirtl toson and a lpunrpl, necktle. IHIaf er was resphlendent in ;i whill,' lie with it anuitly 'red stripe in It and at new ove'orlenal. Wh\Ven the pIroceeding opened i'oiuniity Alttorney Itrleen read a stutemreint to the efflect that thit, state was uintble to get Silly wltiin s In Ithe an, It hald hbetn slo long since the l fI Ing ,of IIitwkln.t. When the reading was finisthedt, the oiiurt in it brik voice p'ronlounced the words that gave Shrlafer fr.teedom. Said the court: "Well, Shafer, under the circumstances, the court will order this ease dismissed and yod discharged frol custody. You may go." Shafer, whose eyes were glued on the judge, grasped the meanlnig of the words, Ilianed down forlh Is hlit L atnd was out oif his chatir Instantly. IliH attorney, I'd Ioeth, land a little cllustl'r lof fri,ndM smurrourld(|d himn In the wing of the( court rottmn iand extended their 'conigrntuli tlons, while hii face bealmetd, Iprobuily Itvintg but slight evl idnce oif the jublillion of his hi:eart. Then h4e wnlkl d outl of the coulrt room Into the air of heaven a free man. Twice Sentenced to Death. '['wIt. \iwits Hhtal'' tfer sentenced to be hunged. llnce hei was within one daliy of the (tile set for ils httgling, alnd the ag gr'gtte thille he was under Snttilltt'' Of tdeath was threl'e years and four Imonths. Htnfert killed HIiawkins in 5i saloont in the Telderloin oln August 12, 1897, after two or tharl hours of drinking with itawkins andtl other colored people In a party and a visit to the Columbla Gar dens anlld other rl esorts. Hlawkins was a big man, while Shafer is tit titeilull s elzi, niid the lutter was egged on to the tietd he finally coom ulltted by the other peoplel In the party, after Hlawkins had lit one qal'rrel struck him ''he first information against Hhafer was filed Heptember 28, 1897, Hills first trial opened November 4, sld it verdict of guilty of murder in the Thast degree was brought in by the jury on Novem. ber 14 of the same ytoltr. lHe was sen toured to death shortly afterwards. LHe was granted a new trial about a year later, DL)cember 26, 1898. He was tried again February 18, 1899, and the same verdict was returned. In last November, nealrly two years later, a sec ond new trial was granted him, and It was seit for this mlorning. SRlnce he was first put in the county jail, four years and a half ago, two of his attorneys and two witnesses have assned away, Ilig Eva, one of the wilt. nesses, having been killed. The court oomrn had mady sitec'tators this lorn ing, ibut a good many of lhaflrP's former ihnlmates ire ino longer on the scene and were not rinP'Rent. Could Not Find Witnesses. In his motion for dismtissal (tounty Attorney BJre'n went into dtetails. Ite rec·clted that Mhate had been twhie non 'lcted of the nmtrder of John Hawkins and that the supreme rourt had granted him a new trial. IHe said the wIltnesses for the state were W. H. Harrett, George Ruissell, C. A. I)augherty, Henry Brown and Charles Wortune and that he had made diligent eart'h for the witnesses, but was unable to find them. He went on to say: "Aftler the action had been set for trial subpoennas were Issued for the wit nePases and placed in bte hands of the ihrliff for service, and the sheriff re. turned the subpoenas Indorsed to the ffrct that the witnesses could not be found." The motion continues to the effect thaE In the opinion of the county attorney many of the witnesses are dead, and thers, with the exception of the physi lann who made the autopsy, are out of he jurlisdlctlon of this oourt: that W. F.l Garrett, the state's most important wvitness, has been driven out of Missoul& -nd other towns lecause of his char Cf'er. snp, the county attorney has no len of his whereabouts, nPeauIo of this neouliar situation Mv. ,'t*'n tidl he conlsidered a convictiql 'i, of the nwmetion, and asked fot Bhater's dismissal.