The Billings gazette. [volume], March 28, 1905, Page 6, Image 6

About The Billings gazette. [volume] (Billings, Mont.) 1896-1919

Image provided by: Montana Historical Society; Helena, MT

                
WILLIAMS IS
FOUND CUILTY
CONVICTED OF BURGLARY IN THE
FIRST DEGREE.
FREED ON A TECHNICALITY
Edward De Vaul Released From Cus
tody-City's Case Against Cole
man Thrown Out.
From Friday's Daily.
Walter Williams will accompany
Coombs and Lane when they are taken
to the penitentiary to serve whatever
sentence Judge Loud may impose upon
them for burglary. The jury that tried
him returned a verdict the same as
was brought in against his accom
plices, burglary in the first degree,
with punishment left to the discretion
of the court.
The testimony for the prosecution
was practically the same as was of
fered in the preceding case. After the
state had completed its showing of
facts Willianms' attorney, C. H. Crippen
asked that the jury be excluded, as he
desired to offer a 'motion. This was
complied with, after which he moved
the court to instruct the jury to return
a verdict of not guilty. The motion
was overruled and the jury resumed
its place in the box. Mr. Crippen said
he had no evidence to offer and would
submit the matter on the state's -pre
sentation. The result has already
been goven.
De Vaul Is Discharged.
Because of a defect in the complaint
on which he was tried and convicted
in the justice's court, Edward De Vaaul
was ordered released from custody
and the case against him dismissed.
De Vaul was recently sentenced by
Justice Mann to serve six months in
the county jail for the larceny of a suit
of clothes from one of the temporary
isolation holspitals maintained ,by the
city during the smallpox epidemic. He
took an appeal to the district court.
A few days ago he was released on
bond pending decision in his case.
When the matter came up yesterday
afternoon the complaint on which h,
was tried was attacked as being faulty.
In drawing it up care was not taken
to properly describe the clothes he
was alleged to have stolen. Instead
of giving 'a description and stating the
nature of the clothing it was merely
charged that he had stolen "a suit of
clothes, a more particular description
of which is unknown." As the owner
of the clothes was at hand and subse
quently identified the cluot'hes produced
at the trial as property belonging to
him, the oversight was held to be fa
tal. De Vaul was wearing the trous
ers at the time of his arrest and also
told where the coat 'and vest could 'b3
found.
A motion for leave to amend the
complaint was denied, and as De Vaul
had already begun serving the sen
tence i'mposed upon him a new charga
could not ibe entered against him. See
ing that further prosecution would be
honpeless, as the court informed him
he woul dorder the discharge of the
prisoner, County Attorney Wilson
moved to dismiss the action on the
ground .that the complaint did not al
lege sufficient facts to constitute a
cause of action.
Proof Was Insufficient.
The case of City of Billings vs. H.
S. Coleman, up on an appeal from the
justice's court, was submitted on an
agreed statement of facts, and a jury
was waived.
In this action the defendant was
found guilty by a jury in the police
court of having goven short weight in
a load of coal he sold. From this ac
tion an appeal was- 'taken. As all the
witnesses were not on hand when the
matter was called yesterday afternoon,
submission was made as already
stated.
In passing on the action Judge Loud
held that the testimony on ,which con
vietion was secured was insufficient,
as it had not been shown that 'the
scales on which the coal was weighed
by the chief of police, who is ex-officio
weighmaster of the city, had ever been
sealed by an official inspector of
weights, either state or county, hence
no proof as to their absolute accuracy
existed. In the absence of such official
asttestation, he said the coal shoull
have been taken ,back to he scales of
the defendant and reweighed. If then
a shortage had appeare4i the. p ,',*,u
toran would have been in condition to
. e ID into court and sustain its action
Under the conditions he felt constrain
ed to Pest the motion of the defense
. dia+irges of the notion and dis
et 'h defendant.
Aggre Ordered on Default.
P aipa war the atme set for
,ee 4a of a ot b Buchanan
Coleman vs. Harry S. Coleman, an ac
tion for divorce. A demurrer to the
complaint was entered, general In its
nature. 'This was overruled and the
court ordered the defendant o answe
forthwith. No answer was forthcom
ing and defendant's default was en
tered. The plaintiff was present and
she was sworn. Upgn hearing her tes
timony the court ordered a decree in
her favor and also awarded her cus
tody of the minor child of the couple
Although the complaint contained :
demand for alimony and attorney fees,
mention of neither is made in the de
cree.
Docket Notes.
Several matters which it was
thought would require the services of
a jury having been abruptly disposed
of, the court found itself without set
tings. Attempt was. made to take up
one or two other cases, set for later
dates, but the witnesses could not 'be
'secured. An order was then made ex
cusing the jurors until 9 o'clock to
morrow ,morning, when the case of Tal
fourd vs. Steele, litigation over cer
tain irrigation ditches, will 'be called.
In the batter of Mildred Smith vs.
Frank W. Smith, an action for divorce,
defendant's -default was entered and
judgment ordered on 'plai'tiff's proof.
Hugh Charles Reid and W. H. Tip
pett, both natives of Canada, were
granted final papers.
A number of probate matters were
disposed of and defaults entered in
civil actions in which the defendants
failed to put in an appearance.
VICTIM OF BRUTAL ASSAULT.
Woman's Tongue Almost Severed by
Blow From Husband.
From Friday's Daily.
Mrs. George Lewis is lying at her
home suffering 'horribly from injuries
sustained last night through a brutal
assault mode on her 'by 'her husband.
'The latter is locked up at police head
quarters awaiting action by the author
ities.
The Lewi'ses are colored and have
frequently figured in 't'he police court
'because of their love for fighting and
quarreling with one another. Last
night they had one of their usual di
versions and the huslband Isought to
maintain his authority by chastising
.the obstreperous spouse. In doing so
he aimed a blow with hhis clenched fist
at her face and 'landed on the edge of
her lower jalw. She was in the act of
sp.aaking when the 'blow struck her
and her tongue was caught between
the upper and lower teeth. With such
terrific force did Lewis strike her that
the tongue was almost completely sev
ered.
County Physician Clark 'was sum
moned and with the assistance of Po
liceman Baker he put the woman un
der the influence of chloroform and
sewed the two pieces together. The
woman was unable 'to speak, but sig
naled to the doctor to complete the
job begun by her husband and cut off
the piece, which wass hanging by little
more tshan a mere shred of flesh to ths
remaining -portion of the member. This
the doctor declined to do and it took
the combined force of himself and the
officer to overcome the woman's strug
gles when he proceeded to administer
the anesthetic. A number of stitches
were necessary to bring the pieces to
gether.
This morning Doctor Clark visited
the woman and found that the opera
tion would probably be successful, as
the severed portion presented a
healthy color, show restored cirucla
tion.
FARMERS ORGANIZE.
'Ranchers Contiguous to Columbus
Form Themselves Into Union.
Last ISarturday a meeting of farmers
was held at Columbus for the purpose
of organizing a union, such as have
been formed in the western part of the
state and more recently in Carbon
county. G. W. Dawson of the latter
county wais present as organizer.
Nineteen names were appended to the
application for a charter and it is be
lieved that when once formally insti
tuted the union will grow rapidly in
membership.
Bear Paw is the name chosen for the
union, the officers of which are Wil
liam Horsewood, president; E. K. Mc
Bride, vice president; E. C. McCad
den, corresponding secretary; W. L.
Kyle, flnanc!al secretary and treas
urer.
Another mteetir:: will be held April
18.
NOTICE.
Home Grow:l Nursery Stock.
Strictly first (. t-s and true to name.
Strawberries, r isl)erries, blackber
ries. Also 1:51o ihriee-year-old Wealthy
apples.
t7-!-dlmt II(.\IE NURSERY CO.,
ltal~con & McElroy. Props.
For Rent.
160-acre ranch six miles west of Bill
Inns, for $200 ia year, on easy terms.
A!falfa hay and straw on place for
sale to renter. Inquire at once.
NORTH RIAL ESTATE, LOAN AND
TITLE CO. 186.ttf.wtt
MR. KILBY ON THE GROUND.
Sugar Factory Man Consulting With
Local Stockholders.
From Friday's Daily.
'This morning J. F. Kilby, the gen
tleman interested with local men in
the proposed .beet sugar factory, ar
rived from Cleveland, O. Soon after
his arrival he was in consulltation
with Messrs. Moss, Rowley, Shaw and
the others who have subscribed for
stock in the company, and shortly
afterward he accompanied Messrs.
'Moss, Rowley and -Shaw on a drive up
the valley, where he was shown the
land on which it is purposed to raise
the beets necessary for supplying the
intended mill. He returned with a
very favorable impression and appar
ently was thoroughly satisfied in re
gard to the ability of the farmers of
this locality to carry out their part of
the contracts entered into.
'Details of in Important nature re
main to be perfected and some time
,must of necessity elapse before the
members of the comliany are prepared
to give out final and detfinite informa
tion of the character for which all are
waiting. It may be said, however, un
officially, thant but little doubt remains
as to the ultimate outcome and that
before another season shall have
passed Billings will (have a sugar fac
tory, -modern and complete in every re
spect and of a capacity to take care of
all the Ibeet's that can be raised within
the territory contiguous.
DAUGHTERS OF HERMAN.
Promising Lodge of Popular Society
Organized Here.
From Friday's Daily.
Grand President Fischl of the Sons
of Herman was in the city yesterday
for the purpose of organizing a lodge
of Daughters of Herman, 'the woman's
auxiliary to the 'main organization.
The meeting 'was held in Smith hall
and 20 ladies signed the charter. The
new lodge is known as Edelweiss, No.
12.
Officers were elected as follows:
Mrs. John Staffek, past president;
Mrs. B. Schneider, president; Mrs.
P. Weisch, vice president; Miss Dora
Green, secretary; 'Mrs. H. Lehfeldt,
treasurer; Miss C. Riohstein, guide;
Mrs. Marguerite Schneider, inside
guard, and A. Schneider, outside
guard.
Henrik Ibsen's "Ghosts."
Billings theatre goers have had an
opportunity in the past of seeing some
of the 'best attractions touring the
west, and they always encourage Man
ager Babcock to bring these attrac
tions by giving a large audience. On
nexlt Friday evening, March 31, we
shall have an opportunity to see for
the first time in Billings one of Henrik
Ibsen's greatest dramas, "Ghosts."
What Lbsen has accomplished in help
ing to lift the stage to a higher plane
no one can tell, but it is not too much
to say his influence reaches over the
entire civilized world. "Ghosts" is a
life story-it is a problem play and
teaches a great moral lesson. .t
reaches deeper into the lives of men
and women than any (production ever
placed before the public and will ap
Ipeal to all lovers of high class plays.
Wherever Ibsen finds sores on the so
cial body he uses a surgeon's knife un
mercifully, and it is nearly always on
the masculine side he finds ground for
his criticisms. But if he is searching
an unmerciful where he finds false
hood, treacihery and suplerstitious
("Ghosts") he is on the other hand
just as tender and sympathetic wher
ever he finds tolerance, honesty and
steadfastness, and that is nearly al
ways on the feminine side. Miss Laura
Frankenfleld, *who plays the magnifi
cent and difficult role of Mrs. Alving,
is a young woman of high culture and
dramatic power, and her work every
where is favorably compared with that
of Mrs. Fisk and Mary Shaw, who are
be two other women who have made a
a great success as Mrs. Alving. The
Omaha Bee of March 4 says: "Miss
Frankenfleld Is the !best emotional act
:ess seen in Omaha this season, the
support is excellent and 'Ghosts' is
great."
Much interest 'is already manifested
by our people and a large audience is
assured. Arrangements will be made
for a free talk on "Ibsen" before the
lady's clubs of the city by Miss Fran
kenfield in the afternoon.
Map of ceded part of Crow Indian
reservation will be mailed to any ad
(i ess by The Gazette on receipt of
I1, cents.
Seeds
ar known by what tey have
grown. For bl a century they
have been tbhe standard-haven's
Aerd once to produce blggw ot.
be ¶iOl than any olbe. doM
llS IAh to all appIksatt .
D. M. P.lr v 6 oO..
PaDaew glta
RUSSIAN ARMY
OUT OF BREAD
NO FLOUR OR WHEAT LEFT AT
HARBI N.
MONEY POWER FOR PEACE
Great Financial Interests of Europe In.
tent on Protecting Their Rus
sian Investments.
St. Petersburg, March 23.-There is
famine at Harbin. There is no flour or
wheaet in 'town, all having been sent to
'Makden two months ago.
Prince Oulitomsky, editor of Vied
'mosti, has declared that -peace is im
perative because there is no bread for
the army. All the grain accumulated
at Harbin is 'said to have been taken
to Mu'kden or was transported south
by China.
Japs On Both Flanks.
Gunshu Pass, March 23.-The Japan
ese are following the Russian rear
guard, which is moving north from San
'Tou Pu at 'the rate of eight miles a
day.
On both flanks the Japanese are op
erating a wide turning movement, but
the strength of the flanking forces
has not been definitely ascertained.
At a number of places along the
railroad 'between Santo Pou and Gun
shu ,pass there are 'broken hills, with
steep sides and gorges at the bottom.
where stubborn resistence might be
made, but it 1is 'doubtful whether Gen
eral Linevitdh will 'make a stand be
fore the reaches the Sungarri river and
Chan'tchlau.
May Retire Into Siberia.
Unless he is able to hold the line of
the river the 'Russian position will be
so weak strategically that he may be
compelled to. retire back of Harbin
into Siberia, owing to the fact that as
they approach Harbin the Russian
front plarallel's the railroad, rendering
the danger of a severance of the sole
line of communication constantly
grealter. While the army is still far
from Siberia and with the Chinese
Eastern railroad behind it in perpen
dicular front, the danger *to the Siber
ian railroad is only from raiding par
ties and Chinese 'bandits, and the com
paratively few railroad guards are suf
ficient 'to protect the bridges.
But once the army falls back behind
the Sungar.i river, commun.cation with
the far away base will ' 'e> -ribly jeo
pardized, not by the ,small:: ;u of the
guards, but by the army, which will
'be required to protect the railroad.
The prospect of the .isolation of Vladi
vistok must also be 'met and it is ur
gently necessary to supply the garri
son with provisions and ammunition,
not for a few months, but for two
years.
Two hundred thousand reinforce
'ments fro'm Russia are now necessary
to make it ,possible for the Russians
to meet the Japanese on anything like
even terms.
Growth of Peace Sentiment.
Washington, March 23.-The sudden
growth of tthe sentiment in Russian of
ficial circles in favor of peace is not at
all surprising ,to the offlicials here, be
cause it is in line with the predictlons
of the Amercan embassy in ,St. Peters
burg, when. last heard from on this
sulbject.
In fact, it was gathered that t'h
real obstacle in the way of beginning
negotiations to this end was to be
found rather in the jealousies of EIuro
pean powers outside of Russian than
in the cars's own court.
There have for some time been sub
stantial evidence that by the execution
of quiet pressure from the outside up
on the St. Petersburg government, it
right be induced to break the dead
lock in the situation, which results
from the reluctance of* each belliger
ent, as a matter of pride, to make
the first overtures for peace. But just
at this point the efforts of the real
friends of peace are said to have been
negatived by the fear of some of the
European powers that their direct in
terests might suffer in a settlement
which they did not arrange.
Pressure From Financial Interests.
There is reason to believe now, how
ever, that the great financial interests
of London, Berlin and Paris, looking
to their salvation and the protection
of their enormous Russians loans have
risen above national lines and that to
the exertion of their powerful influ
ence is due the promise of peace in
the near future.
Vladivostok Next.
Portland. Ore., March 3.--Accord.
ing to advices from Yokohama it is
believed that Japan will eoon attempt
to eapture Vadlivoetok. Ibere are at
present about 40 'blookade runners in
Japanese ports, of different nationall
ties, which have been cautpred at
tempting to enter Russian ports. Ac
cording to their crews the harbor of
Vladivostok Is filled with vessels load
ed with provisions and coal. Provis
ions are said to be cheap, meat beirg
sold for 10c per pound.
WOMEN AND CHILDREN ARE
LEAVING HARBIN.
Gunazuting, Manchuria, March 24.
The Russian officers connected with
the 'headquarters of General Line
vitch's staff are convinced that General
Kuroki is .moving northeast with the
intention of investing Vladivostok. It
is reported that all the women and
children are leaving Harbin, where
business houses are closing.
Peace Negotiations.
London, March 24.-The Central
'News announces this evening: "We
are able to state that peace negotia
tions have been lin 'progress more' or
less informally for the past week or
two. Japan in response to confidential
inquiries made after the battle of Muk
den gave a general idea of peace terms
which were 'forwarded eto St. Peters
burg. They were discussed at a spe
cial counci, which was presided over
by Czar. Nichoas. The 'ministers rec
ommended opening negotiations with
Japan, but up to the present time the
czar has not given any intimation of
his pans."
St. Petersburg, Mardh 24.-The news
from the front continues to indicate
preparations for a withdrawal of the
main portions of the Russian army be
yond Harbin, so as 'to place it out of
danger of having its communi~tions
with Russia ,severad, if it is found im
practicable to attempt to hold the line
at Ithe Sungari river. Tsitslar, 300
miles west of Harbin, is mentioned
'by several correspondents in a fash
ion to suggest that it would be the new
'point of concentration, although others
speak of ,the Amur river. A light ny
ing column of Japanese cavalry is re
ported to be moving hastily across the
,country toward Tsitspare, while a
'heavier column is going northeast in
the airection of Vladivostok. One cor
respondent intimates that 'the Japan
ese may adopt the tactics of relieving
the direct pressure on General Line
vitch, .in the hope of inducing him to
concentrate as iar 'as possible below
Harbin, which 'would give Field Mar
shal Oyama the 'advantage of prepar
ing his next blow without greatly
lengthenring his line of communica
'tions. Line~vitdh's decision 'to be pre
pared to place his main army beyond
the reach of a decisive stroke while
,awaiting reinforcements may 'h'ave
been taken in order to avoid just such
a trap.
St. Petersburg, March 24-Mr. Mc
Cormick, the retiring ambassador to
Russia, has received urgent instruc
tions from Washington ,to proceed to
Paris at the~arliest possible moment.
Whether the desire of the state de
'part'ment to have Mr. McCormick as
same his duties 'in Paris at once is due
to the prospect of an early opening of
peace negotiation's there, to 'the Vene
zuelan complications, or to the wish of
Ambassador Porter to report sooner
than expected is not known here. In
order that there may be no hitch here
at such an important time, Ambassa
dor Meyer, Mr. McCormick's succes
sor, will probasbly come to St. Peters
burg timmediately.
That Russian Loan.
Paris, March 24.-The negotiations
~for a new Russian loan have been re
sumed and are proceeding satisfactor
ily.
No Excess Fare Charged On NickeJ
Plate Road.
Its trains are composed of the best
equipment, consisting of through ves
tibuled sleeping cars, in both direc
tions, between Chicago, Cleveland,
Buffalo, New York, Boston and inter
mediate points, with unexcelled dining
car service, meals being served in
Nickel Plate dining cars on the Ameri
can club meal plan, ranging in price
from 35c to $1; mid-day luncheon, 50c.
Train No. 2, leaving Chicago at
10:35 a. m., daily, has through vesti
buled sleepers for Boston, via Nickel
Plate, West Shore and Boston &
Maine roads, and through vestibuled
sleepers to New York and interme
diate points, via Nickel Plate and both
the Lackawanna and West Shore
roads.
Train No. 4, leaving Chicago at
2:30 p. m., daily, has through vesti
buled sleeping cars for Buffalo, New
York and Intermediate points.
Train No. 6, leaving Chicago at
9:15 p. m., daily, has through vesti
buled sleeping cars for Ft. Wayne,
Cleveland, Erle, Buffalo, New York and
intermediate points, arriving at New
Ydrk city early the second morning.
Rates always the lowest. Write,
'phone or call on nearest ticket agent,
or Chas. E. Johnson, district passenger
agent, Nickel Plate road, 305 Century
building, Denver, dolor Chicago de
pot, La Salle and Van Buren streets,
Bell Phone 73 B Mutu.l Phone 363
J. F. KELLEY
Employment Office
If You Want Help
If You Want Work
SEE KELLEY
No. 9 South Twenty-Eighth Street
GAVE LIFE FOR ANOTHER.
Farm Hand Battles to Save Wife of
Man Who Runs Away.
Norfdik, 'Neb., March 24.-Two per
sons were cremated at White Clay,
Neb., in a little log house on the prai
rie, and the husband of the rwoman
who burned escaped with ;barely a
scratch. The dead' are:
tCharles Hall, a farm hand, who
gave his life in trying to save his em
ployer's ewife.
Mrs. G. S. Carns, wife of the man
who escaped, and who was left in bed
to die in the flames.
Carns, who heard ,the fire in the
kitchen, ran out and left his wife and
the hired hand to battle for their own
lives. There was but one exit and that
through the burning kitchen. Hall
rushed to the assistance of his employ
er's wife and both perished in the lit
tle room. Carns broke through a win
dow from the outside and found the
dead 'bodies of the two occulpants.
Real Estate Transfers.
Record was made today of the fol
lowuing real estate transfers:
W. H. Norton and wife to Della
Raiff, lots 10, 11 and 12, block 2, First
addition to Stillwater townsite--$125.
Marion V. Fay, executrix, to "North
Real Estate, Loan and Title company,
lot 20, Iblock 4, lots 15, 18 and 21,
block 8, lot 10, block 116, original
towns.ite of Billings-$300.
E. D. Thompson to Billings Loan
and Trust company, the Isoutheast
quarter of section 29, township 1 south,
range 25 east, and 25 shares of the
capital stock of the Big Ditch com
pany-$1.
West Side Realty company to Leon
H. Drake, Jr., lot's 41 and 42, block 6,
West Side -addition to Billings town
site-$1.
North Real Estate, Loan and Title
com'pany to David Fratt. lot 22. block
89, Billings-$200.
For Rent.
Farm land on tiuntley flats. Easy
terms. J. T. CARROLL,
sw tf Billings.
Latest styles in job printing at The
Gazette office
Stockwell's Employment
Bureau.
2607o Mont. Av
BaU 'Phone 89a; Moffett Phone 181
No Charge for Male Help,
HELP WANTED.
Farm hands.
Blacknsmith for camp.
Man and wife for ranch.
Girls for housework, city and ranch.
Woman diswas'her for boarding
house, city.
Waitress for hotel, city.
Tie makers by the piece, 10c.
Good woman cook for family of lour:
only two meals, $5 per week. German
woman preferred.
Girl for 'housework, family of four:
no washing. Cody, Wyoming. Free
fare. $25 per mnonth.
Man for dairy.
FOR SALE.
One team, young and sound; weight
2,200; .also one team, weight 2,600,
wagon and harness, at a bargain.
15 acres, 1% miles from city; fenced,
good water right; 100 fruit trees; good
buildings.
FOR RENT.
Houses and rooms furnished and un
furnished.
G reat Falls,
Lewistown
and Billings
STransportation Line
RUNS FIRST-CLASS
iFOUR=-lORSE COACHES,
Leave Billings daily
* except Sunday at 6
a. m, for Musselshell +
S Flat Willow, Grass
Range, Gilt Edge
and Lewistown.
First-class Accommodations for
Passengers and Express
C. S. BatL., Agent.
N. P. , xpres Ofioo,1tillaPs.
* W. C.'DOHBRTY, Proprietor
* * 4.4 ls.. . oH..