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The Butte inter mountain. (Butte, Mont.) 1901-1912, March 02, 1903, Image 1

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THE BUTIM INTER MOUNTAIN
VOL. XXII. No. 298. BUTTE, MONTANA, MONDAY MARCH 2, 1903. PRICE FIVE CENTS
_VOL. XXII. No. 298. BUTTE, MONTANA, MONDAY MARCH 2, 1903. PRICE~ FIVE CENTS
ATTEMPT AT
JAILBREAK
Witness in Brooks Case
Caught in Effort to
Cut Way Out.
HE TEARS UP TILING
Walter Gallagher Carefully
Planned His Escape
From Bastile.
DOYLI ALSO II IT
Witness in Another Case
's Said to Have Tried
to Break Jail.
Walter Gallagher, who is being held at
the county jail as a witness in the Brooks'
mturder case, tried to cut his way out of
the witness' room in the county jail Sunt
day. He tore up a portion of the tiling
and had started to take some bricks from
the wall when his intentions were dis
covered.
In the meantime the prisoners in the
main portion of the jail became unruly
and Sheriff Quinn and his deputies think
ing that there was a revolt on hand, or
dered all hands locked up and the threat
ened jail break was averted.
For General Revolt.
It was understood that there was a plan
on foot for a general revolt among the
prisoners and that when locking up time
came last night-9 o'clock-the prisoners,
some as in number, would refuse to go to
their cells and attack the jailer and lock
him up.
The discovery of Gallagher' attenmpt to
escape, it is understood, frustrated the
plan.
Sheriff Quinn is at a loss to account for
Gallagher's attempt, as he is only held
as a witness and gets $a a day, while in
prison. He takes no stock in the story
that there wgs any plan of a wholesale
delivery of the prisoners. A charge of
jail breaking has been preferred against
Gallagher.
C. W. Doyle, the man who had himself
put in jail as a witness in the La Bonta
and Kelley cases, is said to be implicated
in the digging up of the floor in the wit
nesses' department, where he was con
fined with Gallagher. He has been re
moved to the main jail.
TRAINWRECKERS ON
B. & O0 SEND TWO
TO DEATH
Meant to Ditch Express,
Then Rob It-Freight
Gets It Instead.
Washington, Ind., March a.-Train
wreckers, in an attempt to ditch No. 13,
one of the fastest express trains on the
Baltimore & Ohio Southwestern, wrecked
a fast freight, No. 98, resulting in the
death of Fireman Joseph Hlughey of this
city and Harvey Friend of Odin, Ill., who
was learning the stations on the road, so
as to work as a fireman and fatally in
jured a brakeman, W. L. Lucas, of this
city, near Lebanon, Ill., last night.
Engineer Wedling escaped by jumping.
The wrecket train was running fast
near Bennett's mine, a lonely hollow, 24
miles east of St. Louis, when the engine
dashed into an open switch. The engine
ploughed into the switch and turned over.
Eleven freight cars piled up on the en
gine and fire broke out in the debris.
The railroad officials believe the wreck
was caused by persons leaving the switch
open with the intention of ditching the
fast express wnich carried considerable
money.
The freight arrived a ?ew minutes
ahead of the express and was wrecked and
the passenger train escaped.
CARTER BUYS A RESIDENCE
Purchases the S. C. Ashby Mansion at
Helena.
Helena, March a.-The residence built
and owned by S. C. Ashby at 644 Dear
born avcnue, and considered one of the
most substantial houses in the state has
been purchased by Former Senator T. II.
Carter and will be occupied by his family
about April i. The purchase price has
not been made public.
The dwelling is a three-story brick and
stone structure located upon the corner
with a splendid lawn and cost in the
neighborhood of $5o,ooo.
For Hebrew Hospital.
Louisville, Ky., March a.--A movement
to establish in. Louisville a Hebrew hos
pital ended in success, and at a mass
meeting to be held Wednesday night a
formal organisation will be effected and
the construction of the building will be
ordered.
Towboat Goes Down.
Vicksburg, Miss., March a.-The tow
boat J. W. Williams struck the bar oppo
site Lake Providence, La., and sank with
eight barges of coal destined for New
Orleans. There were a8,ooo tons with an
,prtoxlmate value of $7tkom
HEINZE'S MEN USE DYNAMITE TO
SEIZE PORTION PENNSYLVANIA
Enter Ground to Which They Have No Legal Right
and Drive B. & M. Men Out With Explosives-
Later Driven Back, They Erect Bulkheads.
On Saturday night a band of men en
ployed by F. A. Ileinze and the Montana
Ore Purchasing company suddenly entered
the Soo level workings of the 'rennsyl
vania mine and took possession of cer
tain territory in what are known as No. a
and No. 7 mineral veins are located. The
territory was seized by the use of force,
threats and dynamite, the latter being
WINSTON CHURCHILL IS
LEADER OF A PARTY
lION. IVIX.STuN CH'URCHILL, Al. P.
FOUR BILLS KILLED
IN HOUSE AS A
STARTER
Both Bodies Hard at Work
in the Stretch Trying
to Get Through.
SPK(IAL TO 111E ITLYK MIOt' NIAIv.
Helena. March 2.-As a starter for the
afternoon the house, on resuming business
today, at a o'clock killed four bills on
adverse committee reports in just about as
many minutes. The defunct bills arc:
House Bill No. ro5--The old change of
vo",nue bill, which was held back by agree
ment to permit the passage of the fair trial
bill in its place.
House Bill No. 3o7-Conner's bill, to
make more severe the penalty for train
robbing and train wrecking.
House Bill No. 3a29-Tlhe measure which
proposed, under the guise of preventing
undcrground trespass, the agents of the
United Copper company to explore every
mine in hutte.
House Bill No. 2M6--Repealillg the jus
tice of the peace salary law.
Conner secured a reconsideration of the
bill by nhich the bill refunding taxes to
Custer county was indefinitely postponcd.
The bill will come up litter on general
orders. Then the house Nent into coinm
imittee of the whole and galloped through
a nunmbcr of measures, dispen.ing with
the readiing of bills by title and acting
on them practically without debate.
The earlier part of the senate's session
this afternoon was devoted to the tire
some business of reading a mass of hour
bills, a first and second time. prior to re
ferring. them to committees. Later camer
a lengthy session in committee of the
whole considering bills on the general file,
During the afternoon the report of the
junketing sub-committee which visited the
reform school at Miles City and the ag
ricultural college at Bozeman was sub
mitted. It praised both institutions.
TO GO TO THE JURY
Mott Case Will in All Prob
ability Be Turned Out
Late Today.
P5cLIAI. TO TILE INTER stoL.TAIN.
Missoula, March a.--The Mott case will
probably be submitted to the jury late this
afternoon. l)uring the morning session of
court today Judge F. C. Webster delivered
Isis charge to the jury and the attorneys
began to stun up the case. 11. C. Stilt
spoke first for the state urging the jury to
convict the accused of killing his wife. J.
K. Woods followed for the defense making
a strong plea for acquittal on the grounds
of the insanky of Mott. G. S. i;. Murray
followed for the defense, and late this
afternoon County Attorney lHall is closing
for the state.
The courtroom was crowded today dur
Ing the arguments.
Broke the Reord.
BY A5OCIATED P3a5I.
Passnama, Mackh a.--A dispatch from
San Salvador received here today says
General Regaldo yesterday handed over the
presidency to Pedro Jose Escaldo, who was
declared elected February so. This was
the first peaceful transfer of the presi
dency in go years, and causcd great rejo -
lag throughlout Salvdor.
recklessly utsed to demolish some Bostonl
& Montana workings and to drive thg
Boston & Montall employers out of thl?
territory seized.
The ground grablbed by leinze and the
hM. O. P. company in this violent and utn
warranted mantner is within territory ab
solutely exempted from the possession,.
control or use of 1leluze and the M. 0.
English Soldier-Author Pro
moter of Move in
Parliament.
VY S.'O(IATEl PralS".
l.ondon, Marcih a.--The unionist nmettn.
hers of parliamen, t who voted against the
government on the army debate last week,
made no secret of their determination to
pursue a vigor ,us policy upon independ.
ent lines of military, financial and social
questions. Vinston Churchill is virtually
the leader of this new fourth party.
LONG DEADLOCK AT
DOVER IS OVER
AT LAST
Allee and Ball Are Elected
Senators From Delaware
-Addicks' Victory.
a4 A+SUii'IAElU P35.
l)over, Del., March a.-The Delaware
legislature ended the deadlock by electing
State Senator J. Frank Allee to the
long term senatorship, which expires in
1907, and Congressman Louis eistler
Ball, regular republican, to the short term,
which ends in a9os.
Allece was congratulated by his colleagues
and by the assembly generally. Con
gressman Ball is in Washington.
The result is regarded here as an Ad
dicks victory. Pressure brought to bear
upon the regular republicans from Wash
ington undoubtedly had much to do with
preventing the acceptance of the t1ino
cratic oiler to join with the regulars to
elct-t one regular and leave one vacancy.
OPENS FIRE IN REPLY
Two Would- Be Chicago
Highwaymen Get in
Bad With Barkeep.
Y AS-,O'l A I tI, Plr t S,.
Chicago. March 2. II an t aticlipt to
holl tip a I'licago avenue salooni early
today (lito ilenson was fatally and J.,seph
l)ri.coll scriously wouinded.
'Te 'h en entered the place and coot
man:ded the hartender, James Johnst.on, to
go to the rear of the place Kund leave
the cath re.gister open. Instead, Johnson
opened lire on the supposed bandits, ajwl
in the fudilade of hullct4 that followed
both llllen were shot.
QUINN WILL ALLOW COLE
TO WAIT FOR H'S SISTER
Bandit Asked a Brief Respite in Order to
Have Interview With Relative and
Sheriff Grants Request.
Sheriff Quinln has not dtecided wl.hen lie
will take Bandit Cole to thu penitentiary.
After being sentenced to ,o years in the
state prison Saturday, (ole Imlade a re
quest to be allowed to remain in jail
here until lie could see his sister. She
was expected to be in the city Sunii ay,
but did not come.
The sheriff is willing to comply with
Cole's request, but says that he will prob
ably take the convict to Decr Iodge to
morrow.
IN ACCORDANCE WITH LAW
Polling Places in School District No. 1
Changed by Commissioners.
At the meeting of the county commins
sioners today the boundaries of the poll
ing places in School District No. t were
changed in accordance with an act of the
last legislature. Under the new law nine
polling places and an equal number of
election precincts are established in the
district, which comprises the principal
portion of Silver Bow county.
OSNER WITH A LUNATIC
Valley County Offloial on His Way to
Warm Springs.
Sheriff Gosner of Valley county passed
through the city today, having in charge
an Insane man who Is also a paralytic. The
man was arrested at Glasgow about so
dpys ago and locked up. Since bhi con
fincment t t is stated that he was attacked
with parCaii.
I' company by the order of the aupreme
c·urt, and the violent entry chronicled i
a:l act constitutilng a contempt of that
m ibunal.
After the act of aggression described,
-he B. & M. emoployes regained 40 feet
of the ground ceized, driving the invaders
back that distance, and today the lleinrt.
forces had possession of one iH. & 1i.
AMERICAN DUCHESS IS
A CATARRH SUFFERER
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C IE B.'? bO
V .ULO IJ( II • 0 k!IOI'1
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C(NSI/...O IU: ·I.. 1 ..R..R fGt
BY ASUOt'IAILD) PR.55.
\'inna, March 2. --The duchess of Marl
brough, accompanied by l.ady Norah
Ihurchill, arrived here last night for a
ON SHEEP INDUSTRY
Annual Report of State
,Board Shows Favorable
State of Affairs.
LIll) . 10 e 1111 MOIIll' 1L0I'1|AIN.
Ilclcna, March z. 1 he annual report of
the state board of shee.p comliliSiOCnrs,
made' public today, shows that the Shclep
industry of the state is in a pJrosperous
('ondition. The hI alth of the shleep of the
si.te is replorteld gcttrally good with the
Iexceptionl of ,nii-i ea-sest of ca;l, in (arbon
c.onlily. ''The l iprollutio of wool last year
aIllOlltttd to allmost 3.13,0o0o,lo pounds.
The averaget price was about I.I cent, a
pound. C('holteIu noIw l.;eads lrguls countllllly
ill the inllnbel r of shleep.
SALE OF LODE CLAIMS IN
THE PAT A. LARGEY ESTATE
Judge Mic(lriinal's court was hil.ed with
d1 @rineys and clients interet-, d i ll proie
matters today. One of the Imost impiljortialt
of the iatters broutght tip was the coir'
lIng of the order of sale of a nUlitlr of
lode claims of the estate of I'atlit. k A.
J.argey. The total value of theit interests
.old is $71.875, and consists of Ihe Ioa.rgr-y
holdings of eleven-sixteentlhs ill the follow
11g1 lode claims in Jefferson county :
State Quartz, Lrsa Minor, Mary Hill,
Big I ill, Gohl l.eaf and Friday lodes; a
one-sixteenth interest is sold in tile Mor
ton lode.
Nora Hayes was appointed admnlinirator
of the estate of Winifred Dolan with a
Load for $6oo.
Oliver Chevrier was appointed adminis
trator of the estate of his brother, Emory
Chevrler, who, it is alleged, was killed by
Walter Brooks. A bond of $r,500 is pro
vided for.
Rev. Cyril Pauwelyn, as executor of the
estate of James Tuohy, asked for leave to
lease for one year the estate interests in
the Burke and Balaklava lode claims situa
ted in Summit Valley district. The provi
sion is made that the lease shall not ex
ceed one year in duration, and that the
minimum raLg y shall be sot less than as
per cent.
stope and abontt 6no feet of ground to
which they have no right or title, and
from which Ileinue and his company were
excluded by the order of the supre"me
court.
At last advicca this afternloon the in.
vaders were holding the ground and stope
descrihed with guards stationed behind
a hulkhead, bhtt were endeavoring to do no
work. At the time naitmed the ltoston &
MonItaina company had not yet developc.l
its plait of action in meeting llvintar's
act of aggression by force upon it, terri
tory.
The forcible entry into the I'lnnIt
vuLtia mine .a;s mlladtie t ;buIIt io:o0
o'ch~ok on Santunlay night b4y i o men in
the emptloy of I. . l inmr and the Mon
S (tonlinnied on Pag'e Three.)
stay of six wcJrki. She will I.elk a further
ltlrse o. f tr tanlc eni t e 11t 1 I ll j. 1 llMcll r for
Ihafnes, ~arising froam vatirt h, ,rm which
site is suffering.
C, E, PETITION TOOLE
Send Protest to Governor
Against Gambling
Measure.
The Young People's siet.y of C(rie
flan 1:viea t,'o ' u' the Ire )1t(lianI 111111th
Illnlldliiai . :~M aile, Ii, teIat. "le I llT ' (ii.ovl.ai
nor of Molntatus, |ilt.h , Mont.:
"ri e., I . i ieYolg l Ir P i Iie is illy iof
l hli ti:ut l']ule vIvor <f the. I" Irt l'rcshy
ulislil bot V.| v le of t ll, utk: hiitlahtl , hrrehy
prot.at ag;ainst the repla;ll it the Kal.itl in.
law., n. , ill , od .i e as ,i " lici vt it
ito be a. eailtli r betwe.v , i it ii ca I youii
l, , :ain bl lie t it u11 1 Ii will tlhat
the la 'w Ie lil h.ill, , lia l e ,ii u that;.
should Il. bill (om ,l I., I,,,e 1 , , h,!' . (ttr
signat s teio Vi tIo ii
I"i' e I hrilti.i la',plah r' \" hia i s1 1 1 :II '
ibrilgilg th"e matter ' ,o. ( dl, iall prytr,
lla'! we. riespecr tll y ;iI : )'a 1 Iuil ll'a :t111i
(l'cIII lelt cill I li ill' l tal : i It' i till Jll i a rl.
"li'ublhe. .,l h by ora h r a , t'. Inu itte.
('harhs., Jutin, plt.-ihntl Ne 11.\ , .1c
I.'od, st, r tlIul) ."
UNLIKELY TO PASS
Measure for New Judicial
District Is Not to Be
Expected.
Site i ll. TO Tlel: INssTEk MOUNTAIN.
Billings, March .-i-t seems to be the
prevailing opinion here that the bill for
the creation of a new judicial district, cornm
prising Yellowstone, Sweetgrass and Car
bon counties, will not be enacted at this
session.
Judge Loud is quoted as saying that if
the legislature desirca to add Yellowstone
to his present district in order to relieve
Judge Loud of extra work, he would be
willing to take the added duty.
ACOUITTAL FOR
CUSICK
Judge McClernan's .iury
Finds Slayer of Baggs
Had Unsound Mind.
TO WARM SPRINGS
Altogether Probable That
Cusick Will Go to the
Asylum.
IS TO BE EXAMINED
Will Stand Searching Test
as to His Sanity by a
Commission.
"\e, the jury in thw ahbove eritaial
case, find the ithldtlll t, JIl. l,"t . I ii Irk,
not guilty by re.asn ii hi is 11111m t.
W\VII !.1, t J. Jh ;l'.;,
Trhis vrrdict, oll td I toI dh' hi II h, 1 rr
nani at 9:15 I ick this mIl ni111, p i i the
stalmp of leol I approv' al to Ihi. b1h, n(
defen.c adopillted ly Atthorlay It nih .4nI
Alast in in Ihir interest. ill ill;t 1 .. w,,w
tha lt the shooting of 'h 111i1. 1i, .1 1 wat
the result o {f an ilr t.r spIl tlih h d t.sl~ ,n ne
delusion on the palit (I t(', iik It i ,i.1.,1
one of the final c pterl s i lt' II aI 1i I
murder which has bnli le it 4l4 ll II.I te.'-t
throughout, both by reason of th lin i
dents surrounding tihe shlootinglll I, the u
tusual a ind extrao frdinalry contl..tI b ,,th by
the state attorneys 1aull the alttori.. for
tihe defense.
The case Wla given to the jIurl .,t 5
o' clocA Saturday eveniig, anlld t was
not until midnight last night that the
is Jurors reached an Igreemelit. top ~
that time, it is understood, there w,'re In
Jurors In favor of acquittal on the ground
of Insanity and two who Insisted upon a
conviction.
NEWS OF SHOOTING BY
CARNiEY WITHHELD
The discussion of the case lasted tlntil
t o'clock Saturday in the criminal court.
rooms, and at that hour the jury was
ordered removed to the courthouse, where
sleeping accommodations coulld b given
its nemtbers.
Shortly after the shooting of William
Smith by ldward ('Carmy, Judalge Mct.t'Ier
nI1 gave strict orders to guard the julrors
in the Cunick case andi preycnt Ithe news
of the shooting reaching ther, 'on the
ground that no undue influence shouldlt he
allowed to interfere with their dclibera.
tions.
For this rrason tihe jurors were well
guarded and taken a rIoundalout course
on their wily to the courthouseit frolll the
crilminal court.
At .1: o o'clock yesterday atlterniloo the
foremallnl of till jury asked for adv1re Iri1nn
Judl- %1' Mi(t ternan. 'lhe judilge r',spotd,.
1and ill the rlcuIlitInl the foremllan a-ked
ah, .,art what world hi" the rwult in 'ase
r.. llry hrought in it virditt of nIt t i ly
-ii lthe ground o1 f IsanIt4v. I ll .41 1 tile
illpre.ir n sll tll wn of the j1uror' were4 '
av4,1 I tol tlhe sl-ihnt s propo.l., lny I .s
NOT THEIR BUSINESS
TO CONSIDER RESULTS
Ju.ld .y t1('lhrnn iformed the jury that
tit h a u tn'iun wan nut proper, ;ild that
it wa., i it the li hliniesC olf the jury to
Sonsid..r Ithe ri ,iutIs, as. tiha;t mt; r i -.tid
wholly with thu cu.it and shoudI .t hlie
i. tit initinie their vcrdi t.
II wih nort unild i si ui. ck aIt ni;hlt that
:11;it agret( u:t was re a.hled. T'Ih jury was
I:tly' to. i tprt. hlut Juig.e lct Iler.nan al..
mo tc.i that thei rlict v. .uld in t Lie rei.
c letvid tllll thle .. plrt it; of m.utt this
lii liiIll .
\1,' ii tl.t jury hilt ii i this miur iintg
th, it u\ie rr prenhrlt Iiid.,s (C'usi* k, Auttor.
aity I.,i illioth antI Assistant Comlnll iy Ait.
tior y u rry I ycri, theiii grecral inipres.
"i,,n l ilm th. t 'l u serdict htwoutll not
hib r hee l itl .l tili i1 hick.
luiluaiug hlie' teandinul of ithe vuiO rst by
hIii k 1 uiyhlr, Mr. ILynch :inked for a poll
,i tihe july.
o ihi taely after thie pull C usick was
ri. ,r .ih l to t Ih. ci,ltody wo the liheri ?
;andi w-as started out of thei: cutrtrruot.
Ilcre wiert none of the usual scenes
urrili .t, i vliwh t is practically it verdict
of : u.'litta;l. N t ieven I'tiick's attorney
had ththe to dhal,. hbanlk, with his client,
wlhu t,,k the "tiiutl r in the siiame un
eiuloti"uluh ,ucnditiii he had shown, with
ol ,i.:e'ptiuot, sicute the begtitnig of the
,,i of d-e luniat to he examined on the
chalirge of insanity.
In l.,swer to a ltti )on this morning,
(it.ikui. iaiiiaitei~e 'Itel that they would
lint hring up ttchniealhtities or insist upon a
triail or tilsartlity biy a jury, but would ask
thu court to alppoint the usual conmittssion
to determinei the intal condition of their
client.
This is taken to mean that no effort will
tie made at this tie to secure Cusick's
release, but that he will be remanded to
Warm Springs in case the conmmission
finds him insane.
Cusick shows but little elation over the
verdict. It was a decision which was e
pected, and as early as Saturday afternoon
he was looking forward to a trip to Warta
Spring..
At that time Cusick took occasion to
thank the newspapers of the city, and
particularly the Inter Mountain, for the
fair and impartial reports of the ease.
"No matter which way the verdict goes,"
said Cusick, "'I am satisfied wholly with
the way I have been treated in the Intel
(Cuntitucd on PaIsge Threw.)

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