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WITH MURDER 'L. M. HAYDEN ARRAIGNED ON NEW COMPLAINT. OLD CHARGE IS DISMISSED Further Action Continued Until Friday Pending Defendan's Decision as to Preliminary Hearing. From Wednesday's Daily Gazette. Acting on the verdict returned b the coroner's jury yesterday, County Attorney Hathhorn had L. M. Hayden arraigned before Justice Fraser last evening. The old complaint against the prisoner, assault in the first de gree, was dismissed and a new one, charging murder in the first degree, was substituted. On this Hayden was arraigned. His attorney, W. M. John ston, announced that he was not then prepared to state what course would be pursued in regard to the matter of having a ' preliminary examination, and asked until today in which to de cide. Judge Fraser said he would be out of the city until at least Thursday and the case was allowed to go over until Friday, when Mr. Johnston will have concluded what to do and it will be known whether examination will be waived or whether a hearing will.be demanded. Being charged with murder in the first degree, an offense not bailable, Hayden, of course, continues in the custody of the sheriff. Of the testimony given at the in quest by the several witnesses the most important was that of E. R. Keil, who saw the shooting. He stated that he was going home Tuesday evening, November 18, somewhere between 8 and 8:30 o'clock. When on the west side of South Twenty-seventh street and between First and Second ave nues, south, he heard a shot fired on the opposite side of the street and almost immediately afterward heard some mepn talk. He looked across in the direction of the shot and saw two men, who were, as near as he could judge, about 20 feet apart. One of the men, the one nearer to him, fell. Hesitating for a moment, he crossed the street and as he approached clos er saw one of the men with a gun in his hand standing over the other. While the revolver was not actually Iointed at the protrate man, the wit ness said it was held in such a posi tion that it practically covered him. When he got to where they were he recognized the man standing as Po liceman Hayden and heard him say, "The next time you are told to stop you'll stop" or similar words. Mr. Keil also said he had heard the pros trate man say, "Don't shoot me again, I have a father and mother living here." The man also had said that he had been down to Morse's house to see Morse about hauling some hay and that he could prove it. He ask ed Hayden if he was a policeman and when Hayden answered in the affirma live the man answered. "1 am very sorry, but you have made a mistake." The witness said he then helped Hayden carry the wounded man teross the street and afterward went into the house and got some matches. When he returned he wanted to light one to see where the man was wound ed, but Hayden told him it was not necessary, saying, "He's all right" and that he knew where he was hit. Mr. Keil said that Hayden told him he was sorry it had happened, as he had not meant to shoot the man, but the gun had gone off accidentally; that he had been running after the man with the revolver in his hand, the thumb on the hammer and the forefinger on the trigger; that he had stumbled and accidentally exploded the pistol. Two other witnesses, Mrs. Ida Allen and Mrs. Keil, who were together in the home of the former, corroborated the testimony of Mr. Keil as regards the distance the two men were apart when the shot was fired. Both were lkoking out of the door at the time and saw the two men running and heard them talk after the one in the lead had fallen. The affair occurred almost directly opposite the door in which they were standing and they were positive the men were no nearer than 20 feet to each other at the time the first one fell, and also that the shot was fired before thj saw him fall. W. A. Herron of Finch. Aik.,writes: "I wish to report that Foley's Kidney Cure has cured a terrible case of kid ney and bladder trouble that two doctors had given up." Sbld by Hol mes & Rixon. LOCAL AND PERSONAL. From Tuesday's Daily Gazette. N. L. O'Brien of Little Porcupine is at the Grand. Walter Lerhkind of Silesia was in the city last evening. Mr. and Mrs. John Blewett of uteno are guests at the Grand. William S. Clarkson of Livingston is registered at the Grand. Mr. and Mrs. R. N. Cavanaugh of Sheridan, Wyo., are visiting the city. Messrs. Lowther and Clifton, Mus selshell stockmen, are in the city to day on business. J. H. Epperson paid the minimum fine for a plain drunk-$5-in police court this morning. W. H. Hansard will leave in a few days for a visit to Chicago and will go from there to West Baden, Ind., t emain about two weeks. he Bell Telephone company will formally open its line to Red Lodge tomorrow. The local managements of fers free service over the wires for the day. C. W. Forester returned last night from a visit to Cody and the hot springs in that locality. Like all re cent visitors to the town. Mr. Fores er says the place has a hotel which would be a credit to a city of several thousand inhabitants. C. M. Childs, master mechanic at the local Northern Pacific shops, is expected home with Mrs. Childs in a day or two. The former has been at the company hospital at Brainerd, Minn., for several weeks past, where he underwent an operation. George Scott was arrested yester day afternoon for being drunk and disorderly. When searched at the city jail a rock but little smaller than a football was found in one of his pockets. This morning, he was in po lice court and entered a plea of guil ty. He paid $10. A party composed of Messrs. George, McGirl and Rowley left this morning for Butte to witness the initiation of a class into the myster ies of the Shrine, which ceremony will take place tomorrow night. This evening Judge Fraser, Dr. Rinehart and O. F. Goddard will follow. Attorney Johnston received infor mation this morning from Forsyth that the four men examined before Justice Miller for illegally register ing in Rosebud county has been held to the district court. Three more are to have a hearing on the. same charge before Justice McRea, next Fri day. The preliminary examination of S. B. Roberts on the charge of stealing a horse from Nate Cooper was con cluded before Judge Fraser yester day afternoon. In the opinion of the justice there was sufficient evidence adduced to warrant him in holding the defendant to the district court and accordingly bound him over in the sum of $500. Roberts deposited a cash bond for his appearance and w ismissed from custody. Fifty dollars and costs was what Prentice Bernard ,alias "White Perry" had to part with in Judge Fraser's court last evening for having been found carrying a concealed weapon. Although it came high, his arrest probably saved Bernard from more sc;iouus rouble, for when tkcrin into custody by Chief Jackson, Saturday evening, he was rapidly accumulating a heavy "load of peaches" and, it is sail, had expressed his intention of going on the warpath with the avowed purpose of exterminating one or t'yo individuals against whom he seems to harbor a grudge. He 1~iomised the court that he would behave himself in future and not give the officers an exese for arresting him again. e very little information is giv out about it, it is said on what is onsidered reliable authority that up on completion of the new buildings in the Northern Pacific yards in this city employment will be given to at least 50 additional men. The company proposes to run a very extensive re pair shop where ordinary work of that character can be done without necessitating sendin. it a distance of 100 or more miles. It is said that the amount of the repair work coming from the Rocky Fork and Bridger branches is increasing so rapidly that together with the work coming from the main line in this immediate lo cality, a local shop on a somewhat large scale has become a.necessity. The plan contemplates economy for the operating department as well as time saving in the repairing of broken machinery. From Tuesday's Daily Gazette. S. Salsbery of Sheridan, Wyo., is registered at the Grand. Baptiste and John Succetti were among the visitors from Laurel to day. B. A. Campbell, trainmaster of the Burlington, was a visitor in the city today. Frank Buckley of the Yegen store will spend Thanksgiving.at St. Xavier mission. Arthur Rich of Park City is a vis itor from the western part of the county today. Thanksgiving services will be held by the Christian Science society at room 14 Belknap block. Frank Jandell, who is in the sheep business in this part of the country, came in last night from Dakota. JThe Topic theatre, which has been running in east Minnesota avenue for a year. or more past, has closed its doors. Sheriff Charles Davis of Rosebud county was in the city this morning on his way to somne points on the Bur lington. E. H. Becker, wife and son, and M. L. Witcher will leave in the morning to spend a few days at the Barstow ranch in Carbon county. The annual union Thanksgiving service will be, held in the First Meth odist church tomorrow morning at 10:45 o'clock. Rev. C. B. Miller, pas tor of the Baptist church, will preach the sermon. Anthem by the choir, "Thanksgiving." All denominations are invited to join in this service. The pastors of the several churches ake part. or some reason the weather bu reau has seen fit to discontinue its service in this city and no more warn ings and forecasts are received.' The new order went into effect several days ago and was not preceded by any notice of the intended change. Cap tain Bond, who has been acting as chief observer of the local branch, says the same order also affects sev eral other towns and cities in the state. Wt is very evident that the youth of Yelowstone county are among the best behaved in the state. According to the bi-ennial report of the superin tendent of the reform school only one "tough kid" was sent to that institu tion from this county in the last two years. The juveniles of Sweet Grass and Valley counties are also among the select, as they, too, contributed only one inmate during the same pe veral prominent gentlemen of e city were observed today to make repeated efforts to do that which San tos-Dumont and the inventor of Car bon county claim to be able to do, soar aloft through the vaulted blue, but without any artificial apliances. They were made Eagles last night and were merely trying their newly sprouted wings. Among those who es sayed the feat of flying were County Clerk Carwile and "Doc" Morris. George Lewis ,a negro, who has been in police court repeatedly for various minor offenses, was up again .this morning. He was arrested on the complaint of a Chinese lodging house keeper, on whom he drew a revolver because he had asked him to pay an old score before he would be given a bed last night. Lewis was found guilty and sentenced to three months in the county jail. On his promise to leave the city, sentence was suspend ed 30 minutes. Governor Toole has been invited to attend the meeting of the National Livestock association, which takes. place at Kansas City next January. Embodied hi the invitation is a re quest that he deliver an address on the effect of tihe railway merger, and discrimination 'against the stock in dustry. The governor has been com pelled to decline the invitation, as he will find himself with the legisla lure in session at the time of the :.ceting of the association. VThose in these parts who have I- pn thinking about buying state landi: vwill have to wait until after the legislature adjourns, as the land commissioners have decided. not to make any more sales until then. The reason for this is that the board has really more money than it knows what to do with. Under the existing law investment of the moneys receiv ed from the sale of state landh is so hedged that it cannot be profitably made and the board will endeavor to have a change made in the statute. Several applications for, land have been rejected since the new decision was arrived at. DOCTORS PEARSALL AND KIBBEE Billings, Mont.. Nov. 24, 1902. I feel it my duty to say a word to the public in behalf of Drs. Pearsall & Kibbee. I came to your city the first of this month almost entirely blind in right eye, and my left eye was fast failing. I have used glasses for seven years and have had my eyes examined and fitted by a num ber of eye specialists with no bene fit. After 15 treatments by the above doctors my eyesight is restored and I can now see as good as any one. No more glasses. Those who are af flicted as I have been can, appreciate my feeling of joy and can understand why I wish to recommend Drs. Pear sail & Kibee. Yours truly, JOHN WHITE, Sheridan, Wyo. ST. JOHN'S COUGH CURE wil cure "our cough. Sold by Chapple Drutg OU MONTANA A WOOL STATE INTERESTING FIGURES BY BU REAU OF ,STATISTICS. ANNUAL LARGE LOSS SHOWN Present Methods of Handling Product Regarded as Defective--Some Early History. The commissioner of the state bu reau of statistics has completed the chapter on wool in his forthcoming bi-ennial report to the governor. In it he deals with the yearly production and the value of the product and gives other facts that will prove of inter est not only to those engaged in the industry, but to all others as well who take pride in the state's industries and a:.Ivancement. "In the production of this great staple," says the commissioner, "Mon iana stands first of all of the states :,f the union. From small beginnings, through many vissitudes and varying fortune, her flocks have attained the enviable distinction and their fleece is now a factor in the wool produc tion of the world. "The early history of the industry began with the advent of civilization into the state. Through all the trials and privations of the early years, with their flucuations of success and fail ure, there were those who persevered in their efforts to advance the inter ests of the state and to extend the boundaries of the livestock industry, and to them more than to others is due Montana's proud position as a wool producer. "It was in the 60's that the first sheep were brought into the state from California, mostly merinos, and in a few years these had increased to many thousands. In 1879 Senator Gibson became interested in sheep growing, and he declared that while the merino was a. good breed, it could and should be improved. He there fore bought in the east and imported a number of Delaine sheep, which he crossed with the merito with won derful success, and this cross breed forms the principal part of all flocks in the northern part of the state, while nearly all the balance are me rinos. "Ti:e market in early days was a primitive affair at Fort Benton, where all the wool was assembled for ship ment on the river, and this continued until the advent of the railroads, when the principal market for the wools of northern Montana was transferred to Great Falls. The cities and towns where wool markets are maintained at present, and which attract east ern buyers are: Billings, Great Falls, Miles City, Fort Benton, Big Timber, Chinook. Glendive, Dillon, Terry, Har lem, Big Sandy, Havre and Missoula." The report shows that the total pro duction of wool in the state in 1901 was 30.553.990 pounds, unwashed, wrUll was sold at an average price of 14 cents a pound, and produced when scoured 11,304,976 pounds of clean wool, the shrinkage being 63 per cent. For 1902 the crop is estimated to be 35,576,000 pounds of unwashed wool, which sold for prices ranging from 10 to 17 cents a pound, averaging 14 cents, or a total of $4,979,380. "The shlinkage in scouring," con tinues the report, "is given as 63 per cent, leaving 13,159,790 pounds cI scoured wool worth 47 cents a pound, or $.15t5,100, showing a loss in val lies to the state of $1,205,720, equal to hore than 7 per cent on the total value of all the flocks. "In 1901 there was considerable dis satisfaction among growers who did not sell on the home market, but con signed their wool to eastern commis sion houses, with the result that in 1902 but little wool was consigned, the growers preferring to deal direct with the buyers, a course which seems to be fully justified. It is clearly evi dent that some change in the system of marketing wool is impending, as under present conditions, without proper arrangements to hold the crops, and the price being fixed by the rates prevailing in the Boston markets, the growers are completely at the mercy of the buyers. "It is impossible at this time to refrain from calling attention again to the terrible loss to the state occa sioned by shipping wool in the grease and dirt, which lo.s can only be avert ed by a decided change in methods, and which is at once apparent in a comparison of the price obtained by the grower and the prices in Boston a few days later for the same fleece scoured." The number of sheep in the state is estimated by the Annual Wool Ree view to be 5,081,000, or 361,390 more than the returns of the assessors STOP Don't let it hang on! Don't do Iti T THAT Besides there's no use inletting itrun. SCOUG It's a tax on your strength, and pulls * you down. Take a hint ST. JOHN'S Cough Cure, Syrup of Tar and Wild Cherry will. stop coughing if anything will. There may be a few com plicated cases, which it will not cure, but in such, we refund. your money. PRICE 50c I CHAPPLE DRUG CO. Cor. Montana Ave. and 28th Street. manarn Egg and Pine Tar e laney Brs Liquid Shampoo. IS NOT one of the best,. but THE BEST Dandruff Cure on the market. Dandruff and microbes cannot exist where it is used. The hair stops falling and grows long and abundant. A high-class preparation in every way. You can apply it yourself. Sold by all Druggists and Up=to=Date Hair Dressers iEO. SETZLER THE OUSE THE HOUSE S9 FURNISHER The latest styles always to be found at our Place. .. FURNITURE.. Wall Paper, Linoleum, Pictures, Picture Frames. Undertaking BIUINII MONT. ORUWELL and Embalming. BILLIliS, MONT. BLOCK Wholesale Dealer in Agency for WINES Va Blatz' O, LIQUORS LAGE BEE. Keg and Pottle( -AND- -ALSO li / j Iwte Rock _IG__S N _ý iw ýýal !atui BIIJLIJ>T. s - - S.ONT.A.A STATE AGENCY Smith Premier Typewriter ARTHUR P. CURTIN Helena. Mont. Billings, Mont. THOMPSON-McGREtOR LUMBER CO. TELEPHONE 126 A BILLINGS. MONTANA LUnlBE R .. Every variety and size of lumber required in a building. Also Plasterers' Materials, Doors, Windows, Mouldings, Papers, etc. Stock Right! Prices Right! We solicit your S ordcers. H. J. THOMPSON, Prop. show. This apparent discrepancy, the commissioner says, is fully explained Yegen Bros. Savings Bank by the fact that the assessors do not return any sheep from the various OF BILLINGS, ..ONTANA. Indian reservations. Money to loan on city and farm Transact a General Banking ,ausrness. property. T. J. Bouton. 55-tf Administer Estates. Buy apd Sell Real Estate and Live Stock. A Startling Surnrise. Very few could believe in looking at A. T. Hoadley, a healthy, robust Roespnsible Capital, $125,0 blacksmith of Tilden, Ind., that fo, ten years he suffered such tortures from rheumatism as few could endure and 'live. But a wonderful change Collect Rents and followed his taking Electric Bitters. Take Charge of Business Af "T'wo bottles wholly cured me," he fairs for Non-Residents. writes, "and I have not felt a twinge in over a year." They regulate the kidneys, purify the blood and cure J. E. KURTZ, Cashier. rheumatism, neuralgia, nervousness, improve digestion and give perfect health. Try them. Only 50c at Chap ple Drug Co.'s. / SPORTING GOODS There will be a special meeting of We have just received the stockholders of the Park Hall company held at Park hall in Park our New stock of City, Mont., on the 9th day of De'-em- A. 6. Spaulding's Fall and her, 1902, for the purpose of election Winter in and Outdoor Games of trustees. Winter in and Outdoor Games 58-4 W. D. STORY, President. Nothing developes the student like these in Rambouillet Rams for Sate. I shall ship to Billings and offer nocentsports. Quality for sale the finest carload' of Ram- and price unequaled. bouillet yearling rams evel Vit on the market in this state. CALL AND d-sw-tf L. S. BRIGGS. INSPECT OUR STOCK. 'Foley's Honey and Tar for coughs and colds; reliable, tried and tested, BABOK safe and sure. Sold by Holmes & I L, BABCOCK HAND W Rixon.