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: BRADY CUILTY I IgES MINIMUM PUNISHMENT PERMITTED BY LAW. SO E YEAR IN PENITENTIARY belief Is Prevalent at Big Timber That Defendant Fared Ex tremely Well. Fro Friday's Daily. wenty-four hours were required for the jury that sat in the "Jim" Grady case at Big Timber to arrive at an agreement. A verdict of guilty waa returned last night and the punish :ment was decreed, by the jury, at one year's imprisonment in the peniten tiary. The attorneys who conducted the tr:al returned this morning. From some of them it is learned that the long struggle in the jury room was an irteresting one and that the verdict returned was in the nature of a com promise. It is said that at first the jurors were divided on the question of the guilt or innocence of the ac cused. It was finally decided that he was guilty, but another hitch occurred when the matter of fixing the punish ment was taken up. Some of the panel, it is claimed, were in tavor ot leaving the matter of sentence to the court. To this others objected. On the question of the length of time Grady was to serve a wide diver gence of opinion existed. Some were in favor of giving him 'the limit, i others a shorter time, while four held out for the minimum, one year. In i this manner the jury stood for a long i time. Finally three of those who had been voting for the lowest possible t punishment went over 'to the other t side, but one remained obdurate andl threatened to hang the jury. Rather 7 - than that a mistrial should result, it is said, the obstinate one was given c his way and the verdict above an nounced resulted. Fortunate for Grady. r According to all accounts the opin- f ion at 'Big Timber is that Grady may consider himself as extremely fort'l nate that the jury did not leave the matter of punishment to the discre tion of the court. While at first it was believed a weak case had been m...eout against the accused, as the state's presentation progressed this ,belief grew less and the evidence of his guilt was regarded as conclusive. It is because of this belief that it is 'onsidered as luci.y for Grady that the court did not have the final say. While just, Judge Henry is known for :he manner in which he usually makes the punishment fit the crime. d Murder Charge Still Remains. a The fact that Grady has been con- a ;ticted of complicity in the robbery of .he Owl saloon, the crime that led ,o i1he murder of Robert T. Hannah, does got release him of the charge of mur ,er in the first degree, which was en ;ired against him in the district court df this county before the case justr .'nded was transferred to Sweet Grass ounty. The second information still ,tands against him and should the tate decide to take it up nothing pre-, ents such a step. 'Lawyers who have cared to express lemselves were heard to say this torning that the conviction of rob :ry only tends to strengthen the ate's position as regards the other 'ime alleged, as the one offense was hi 'e direct outcome of the other. The Stimony aduced at the trial just end- k I will be available, or rather, compe nt, in the other. The fact of the for- di er convietlon will have a material d rlng, they say, on the other charge en brought before the court. What the attorneys for the defense eli i'to do is not yet known. ether they will attempt to fight the se further or permit it to end where ls now has not been given out. No tine of a motion for a new trial was 01 en by them before their departure ID m Big Timber. of JAMES R. HAYNIE DEAD. II Known Cattleman Passes to Great Beyond. Saturday's Daily. dispatch from Junction announces death of James R. Haynie, which ftred there this morning at 3 k. The news of Mr. Haynie's caused a shock to his friends. it was known that he was 1a condition was not regarded serious and at no time was considered doubtful. The ltbst ended his earthly career ala, with which he was or four days before he -had been a resident of eastern Montana since 1888, prior to which time he resided in Wyoming for a short time, when he returbed to Texas, of which state he was a native, having been born at Llano. From his childhood until the day of his death he was identified with the- cattle in dustry. He was a member of a T wealthy family and in his time was the possessor of several fortunes, all of which he lost in various ways. At one time he owned a herd numbering fully 10,000 head, which he ranged in Sthe Texas panhandle. This he lost because of an unfortunate partnership entered into with John Powers, a large owner of livestock. Mr. Haynie 'bought an undivided half interest in the Powers herd. For this he paid *90,000 in cash and gave him note for $150,000. When the note became due Mr. Haynie was unable to meet it. While en route to Kansas City with a shipment of stock he met Powers and Dodge City, Kans., and af r ter explaining the situation to him Y asked for an extension of the note. C this his creditor answered that he was prepared to do better and added that he would cancel the note if Haynie would give him all his steers and in turn accept all the "she" stock. This offer was acceptable and the two pro ceeded to Kansas City. While there one day they were in Powers' room in the hotel. The day was a warm one 1 and Powers seated himself in the open window. In sc'me manner he lost his balance and fell backward onto the sidewalk below. He was killed in stantly. Mr. Haynie returned to Texas and shortly afterward was called upon by the administrator of the Powers es tate to pay the note, which was found among the dead man's papers. Mr. Haynie explained the trade made with Powers, but the administrator refused to accept his word, saying that noth ing in the way of a written contract could be found to verify Haynie's statement. Haynie asked the admixe istrator if he had the note and when answered in the affirmative requested its production. The request was com plied with and the note handed to 1 Haynie. Without a word the latter tore it into pieces and walked out of I the room. He at once left for the north and never again set foot on I Texas soil. The foregoing story is told by some of the old friends of the deceased as showing the sort of a man he was. He cared nothing for wealth and had no use for money, except for the com- t forts and pleasures it could bring him. To those in want he gave with t open hand as long as he had anything to give. he was generous to a fault I and loyal to his friends, even to the extent of risking his life for them. Before coming north Mr. Haynie I was interested in cattle with Mat. Murphy in Texas. When the Murphy outfit came into Montana Mr. Haynie f for a long time was its foreman and s later became general manager of the c Hysham Cattle company. A few months ago he was appointed receiver s for the Ryan Bros. Cattle company, ( which position he was filling when he e died. He was about 52 years of age t and is survived by a mother, brother s and sister. The latter lives at Bur- li nett, Texas, while his mother is at t Llano. The brother is in Mexico. In t this state he has two cousins, Ira and p Eugene Haynie, who are working for t some of the remaining outfits. The funeral will take place here, relatives having telegraphed that this a be done. The services will be conduct- c ed by the Eagles, the deceased having n 'been a member of Billings aerie, at 3 d o'clock tomorrow afternoon from Betz- v ler's undertaking rooms. "Jim" Haynie was human; very ti much so. It was because of his hu-. a manity that his friends loved him. ' Faults he had, but they were out weighed by his rugged manhood and h his virtues, virtues that stand to his p credit in shining letters in the book li kept by the recording angel on high. p His friends will miss him and his ti death is mourned sincerely and h deeply. h FERGUS SHEEPMAN'S OPINION. Looks for Record-Breaking Prices on Wool Market. George Pirrie, the big woolgrower of Rothimay, says the Lewistown Democrat, takes a most roseate view of the wool market for the coming sea son. He predicts that wool will soar to 25 cents before the season is over. He thinks that the average will be from two to three cents higher than it was last year, which was considered an exceptionally good season. The admitted shortage of wool and the increasea dei.iand brought about by the general good times and the ori ental wars are what Mr. Pirrie bases his prediction on. Money to loan-no "red tape" reasonable rates-no delay. We want to lend-you want to bor row. Let's talk it over. The Yellowstone Investment Co., d&swtf 7 N. 28th St., Billings. Calling cards at the Gazette ofmce. IS -MISTAKEN FOR BURCLAR S DRUNKEN MAN WANDERS INTO WRONG HOUSE. RECEIVES A SEVERE WOUND r Spree of Frank Butler Ends In Disas trous Manner Early This Morning. rom Friday's Daily. Because he was drunk and wander ed into the wrong house, Frank Butler was mistaken for a burglar this morn ing and as a result of the mistake now lies on a bed in St. Vincent's hos pital with a bullet nole through one leg. The shooting occurred between 5 and 6 o'clock in a house at the corner of South Thirtieth street and Third avenue. George Copeland is the man who wounded Butler. Believed Him a Robber. Copeland is employed as bartender at the Gold Dust saloon, corner ot Minnesota avenue and Twenty-ninth street. About midnight last night three men were in the place, drink ing. They appeared to be comewhat hard characters and Copeland regard ed them with suspicion. Sometime afterward he closed the saloon and went home, carrying a considerable sum of money on his person. At the hour stated this morning he was awakened by some one trying to open the door of his bed room, which opens into a hall leading onto the street. He asked who was there, but received no reply, and then or dered the intruder to leave, saying it he did not do so he would be hurt. Instead of complying with the order, the man outside continued to turn the t knob of the lock. Copeland then fired a shot through the door and the in truder left, walking down the hall and out of the front door. 0 When he heard him leave Copeland s took his revolver and left his room and went out through a side door and to the front of the house. There he saw a man standing on the porch, his hand on the door knob, as if trying t3 enter. Believing the stranger to be intent upon mischief, Copeland says he fired at his legs. Aim Proves True. y The shot took effect and the man e fell. Others were attracted by the I snooting, among them the policemen on duty in that part of the city. The wounded man 'was picked up and as sisted to the police station. Doctor Chapple was summoned and made an examination of the wound. He found that a bullet had penetrated the right r shin bone, about midway between tho knee and ankle, making a hole L through the bone and emerging from i the other side. The wound was tem 1 porarily dressed and the man taken to the hospital, where he now is. A Stranger Here. The injured maj gave his name as already stated. (He came 'here re cently from Butte to work for a com mission firm. That he had any evil designs on Copeland or the house in which he was shot is not believed)He wes still very drunk when taken to the station and within a few minutes after the physician had cared for him was sound asleep on a cot. In answer to questions as to how I he came to be in the house he re i plied in a maudlin manner that Cope land had coaxed him there for the purpose of killing him. He insisted that the man who shot him had helped I him through the front door and after he had him in the house had deliber ately tried to kill him. The wound is severe and painful, but no serious results are anticipated. ALLEGED HORSE THIEVES. McDonald, Who Broke Jail With Ma guire at Forsyth, Is Recaptured. Forsyth, Jan. 6-Sheriff Northway has gone to Malta and will return with Porter McDonald, who was cap tured by Stock Inspector Hall a short time ago. McDonald and George Maguire were arrested in Forsyth in 1902, charged with stealing three horses from Coy ote, a Crow Indian, and were bound over to the district court, but sawed the bars and escaped from jail. The officers trailed them to the Missouri river country: but were unable to capture them. It is expected the charge of horse stealing will be changed to jail break ing, as witnesses to the former charge may not be secured at this time. Read The Gazette and keep posted on the local happenings. HIS HOME HERE. Injured Brakeman In Northern Pa. cific's Missoula Hospital. From Saturday's Daily. W. Ellingsworth, a brakeman on No. 6, running between Butte and Billings, was brought to the Northern Pacific hospital in this city on the North Coast limited this morning seriously injured, having a severe acalp wound, a contusion on the side of his head, as well as a number of other injuries about the head, says the Mis soulian. He was only partially con scious and his sister, Mrs. ri. W. Min ning of Livingston, who accompanied him. stated at 1 o'clock this morning that he had been practically uncon scious ever since the accident oc curred. At the time he was hurt No. 6 was running between dutte and Whitehall. Just how the accident occurred is not yet known, as the young man was not in a condition to tell how it hap pened. He was on the platform of a car and a lurch of tht train caused him to fall from the train or else he had leaned too tar out and was struck on the head with a bounder which pro jected from one of the many rock cuts which have been made in this piece of the road. As soon as possible the train was stopped and he was taken to White hall where his injuries were dressed by local physicians. Mr. Ellingsworth is 22 years old and has a young wife, the couple making their home in Billings., Mrs. dlling worth was notified of the accident and came as far as lAvingston, where she remained, Mrs. Minning coming on to Whitehall and then accompany ing her brother to Missoula. At the hospital last night the young man was treated and this morning a thorough diagnosis of the case will be made. Mrs. Minmngs is at the Mis soula. OLD RIVALS MEET. Bowling Teams of Last Season Come Together Again. From Friday's Daily. Last night a couple of bowling teams that last season repeatedly tried to definitely settle the question of superiority without being able to dc so, as fortune alternately favored one and then the other, tried conclu. sions for the nrst time in the new year. The quintette captained by "Joe" proved the winner and shame fully defeated that under 'the com mand or "Si." Following is the score: Tschudy, 183, 202, 218, 171...... 774 Babcock, 143, 130, 225, 145...... 643 Elliott, 157, 181. 178, 145...... 661 Davis, 190, 143, 148, 194.......... 675 Brayton, 187, 181, 139, 191 ...... 698 Total ... ... ... ... ... .....3451 Sherman, 146, 198, 160, 195...... 699 Salsbury, 189, 148, 211, 213...... 761 Forester, 145, 148, 149, 126...... 568 Robbins, 143, 147, 145, 111 ...... 546 Perkins, 149, 166, 132, 164...... 611 Total ... ... ... ... ... .....185 1 MISS WATERS COMMITS SUICIDE. Was Second Daughter of Mr. and Mrs. Waters, Formerly of City. From Saturday's Daily. Miss Anna A. Waters, daughter oa Colonel and Mrs. E. C. Waters, for merly of this city, committed suicide at the family home in Wisconsin yes terday. The account of the tragedy as sent out from Fond Du Lac is as follows: "Miss Anna A. Waters, 19 years old. died this afternoon as the result of drinking six ounces of chloroform and a quantity of carbolic acid. After tak ing the poison she screamed and her mother ran to her room. Physicians were called, but were unable to save her life. "The young woman was handsome and accomplished and had recently inherited a small fortune from the es tate of Anna Amery, her aunt. Her father is Ela_ C. Waters, president of the Yellowstone Lake Boat company, Yellowstone National park." A Flower Book of Real Flowers. The Yellowstone Park Flower Book, published by the Northern Pacific, is a beautiful creation. It contains 11 specimens of real, pressed flowers, iin natural colors, from Yellowstone Park, with botanical names and the places where found. The book also has six full page, fine half-tone illustrations showing the Park bears, the Grand canyon, geysers, hotels, etc., found in the Park, which is the most wonderful spot on earth, 54 by 62 miles in size, in the very depths of the Rockies. The Flower Book makes a beautiful souvenir. Send A. M. Clelend, general passenger agent, Northern Pacific railway, St. Paul, Minn., 50 cents for a copy. tf We guarantee all our work and if not satisfactory we will make It ia or return your money. BILLINGS 8TWAM LAUNDRY. i fANCHISE GRANTED. Glendive Men- Propose to Build Au Electric Road. Glendive, Jan. 6.-At a special meet ing of the commissioners of Dawson county yesterday a franchise was granted H. J. Haskell, E. S. Baker, iB. S, Adams, J. J. O'Brien and J. R. Wid myer, petitioners for the Glendive & Yellowstone Valley Rapid -Transit company, to build an electric railway and telephone line from Glendive to a point on the Missouri river opposite 'Buford, N. D., a distance of 80 miles, it being conditional that the petition ers file a letter of acceptance in tive days, incorporate within 60 days and begin construction work in six months after the granting of the petition. The road will traverse the entire length of the lower Yellowstone val ley, in which the government will be gin the construction of irrigation works in the spring, which will cost approximately $2,000,000, and reclaim 60,000 acres of land. The new road is important, as it will form a connecting link between the Northern Pacific and Great Northern railroads. GEBO MINES CLOSED. Second Injunction Issued on Proceed ings by Attorney General. Red Lodge, Jan. 6.-By the issuance of a second injunction order in the proceedings brought by Attorney Gen eral Donovan just at the close of his official term, the Gebo mine is at last closed. When the first injunction order was issued by Judge Henry it was not obeyed for the reason that it was di rected against a non-existing com pany, the Clarke Fork Coal company having gone out of the business when F. H. Davis of Omaha acquired the property under foreclosure of mort gage about two years ago. The attorney general then entered another complaint, directing the in junction against the Gebo Coal com pany, Manager N. H. Griffith, Superin tendent McLaughlin and F. W. Leah mer. . Upon this coplaint Judge. Henry has issued a second order which was obey ed as soon as received. Many express the belief that the mine will not re main closed long, for it is stated that the copany has nearly completed im provements which will entirely abro gate any difficulties complained of by State Coal Mine Inspector Welch. A new manway is about completed and the ventilation will be perfected. The miners employed there insist that the mine is perfectly safe to work in. Manager Griffith states that applica tion will be made at once for the dis solution of the restraining order. Fractures Knee Cap. Philadelphia, Jan. 5.-Mrs. Patrick Campbell, the actress, fell Wednesday night as she was entering a carriage to go to the Board street theatre and fractured a knee cap. She was taken tc a hospital and it will be two months before she is able to walk. The re mainder of her Americai tour has been abandoned. Livery, Feed and Sarte STABLE ' g@ North 27th Street. oCareful Atteetion to Stock l P. H. SMITH, Proprietor. *-4--------..-.- ..-.. S ireat Falls, Lewistown and Billings ÷Transportation Line RUNS FIRST-CLASS FOUR =HORSE COACHES Leave Billings daily except Sunday at 6 a. m, for Musselshell = Flat Willow, Grass : r Range, Gilt Edge t . and Lewistown. SFirst-class Accommodations for Passengers and Express 4 C. S. BELL, Agent.. f N. P. Express Office, Billings. W. C.,DOHERTY, Proprietor Greet Falls, Montana. 0+++++++++++ --- O O : - ~l ºEr 3 TH TH 9A- ;G. JOHN,STAFFEK CIGAR MANUFACTURER Patronize Home Manufacture Call for These Brands: J. C. S. BILLINGS BUDS ROSEBUD 2708 LLI Minnesota Avenue. BILLINGS If you want to get the * biggest returns for your labor and your ground, you can't afford Stoplant anything but FERRYS SEEDS -the standard after 49 years" t.,o largst rand t.olft Ce.rn ,.. SA modiga Tsecll tl:im. (h r it0 5ETDaiy. Newspapers. C gand SmovnTs 2Oo DaIERENT WBRaDS OF KEY WEsST AND DOMESTl OIIGARS A complete line of Turkish Cigarettes. All the Standard Brands of Chewing and Smoking Tohaccos. The Largest Line of Pipes and Smoker's Articles in the City. 25 Daily Newspapers. All the Standard Magazines and Novels. A Complete Line of Stationery. -AT W. D. MOWRE'S Cigar and News Stand THE SIDEBOARD MONTANA AVENUE Newly Refitted. Fine Liquors I and Cigars, 0.D, E. WOLFSON, Proprietor. - *YYV Yv v~r v 'YVYVyvv yyyyyyy Y Furnished Rooms in Connection STEAM HEAT The CRYSTAL I J. R. CONWAY, Prop. 1 Wines, Liquors and Cigars, The OWL Saloon. R. L. NIX, Proprietor. The Best Appointed Club Rooms in the City. Only the Best Liquors and Cigars. North 27th Street. "AAAAAAAAAAAAAAAAAA-A- AAAA THE EXCHANGE Finest Appointed Club and Sample Reoms in the City. VAhE & POTTER,. MIontana Jve S YYYY..