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The Billings gazette. [volume] (Billings, Mont.) 1896-1919, January 19, 1906, Image 3

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WESLEY IS
CONVICTED
JURY BRINGS IN VERDICT OF
MANSLAUGHTER -COURT
FIXES PUNISHMENT.
GETS EIGHT YEARS
Under the Rule He May Get Out in
Five Years and Three Months
Jury Arrived at Verdict in Three
Hours-Some Favored Second De
gree Murder.
From Thursday's Daily.
In accordance with the verdict ren
dered by the jury and the judgment
of the court, which was pronounced
upon him later, Albert Wesley will
serve for a period of eight years as a
prisoner in the state penitentiary at
Deer Lodge.
.the jury brought in its verdict as
sofc as court convened yesterday
morning, and it was in substance as
f6Wows:
r~ve, the jury empanelled and
sworn to try the above entitled cause
thd the defendant, Albert Wesley,
guilty of manslaughter and leave the
fixing of the punishment to the court.
Signed, J. A. MILLER, Foreman."
Wesley, who occupied a seat at the
side of his lawyer, received the ver
dict in the same stoical manner that
has characterized his demeanor ever
since the trial of the case began, with
the exception of the time that he was
on the witness stand. After the ver
dict was read Mr. Hogan arose and
addressed the court. He made an
earnest appeal for mercy on behalf of
his client, in which he dwelt forcibly
upon the advanced years of the defen
dant. He said that the infliction of
the maximum sentence of 10 years
meant virtually a life sentence to a
man of 61 years of age. He brought
ul all the mitigating circumstances
possible and implored the court to
make the sentence as light as his
sense of duty would allow him to
make it.
Before pronouncing sentence Judge
Loud deliverea a few words to the
convicted man. This brief lecture was
interesting to many persons in the
court room who were acquainted with
the past nistory of Wesley. They
knew that he was a resident of Custer
cotinty when Judge Loud was the.
countr attorney of. that county,` and8
that during his term of office Judge
Loud had been called upon several
times to prosecute Wesley for offenses
of various kinds. Notwithstanding
the man has the appearance of a staid
old' farmer he has made a checkered
career of his life, and the court was
well acquainted with his past reputa
tion. Perhaps Wesley would have re
ceived the extreme penalty of 10 years
had not Judge Loud been instrumental
in bringing just punishment upon the
defendant several times, and had been
annoyed by tne man's lawlessness
when he, the judge, occupied a less
dignified and exalted position. He
related to Wesley a few chapters of
his past history and told him that he
had had a faculty of being mixed up
in trouble of all sorts nearly all of his
life in the west. He told the defen
dant further that at times there had
been a faint glimmering of a desire
on his part to lead a decent life, but
that his appetite for whiskey and ut
ter lack of self-control possessed by
him when under its influence, had
brought him where he was today. He
said that he took cognizance of Wes
ley's age, and in consideration there
of, and from the further fact that he
had at times shown a disposition to
make of himself a respectable man,
he would not assess the maximum pen
alty, but would fix the punishment at
a term of eight years in the state
penitentiary. Under the good behavior
rule the court informed Wesley, if he
so desired to do, he could be 'dis
charged from the prison within five
years. That it all depended upon his
actions while a prisoner in that insti
tution. He further stated that if he,
the court, had been one of the jury,
he would have favored a verdict of
murder in the second degree.
The members of the jury stated that
they arrived at a verdict at 1 o'clock,
yesterday morning, about three and
one-half hours after the case had been
given to them. There was a division
of opinion, only, on the question of a
verdict of second degree murder or
manslaughter, and the adherents of
the latter finally won the others over.
The minimum punishment for second
degree murder is imprisonment for
10 years.
At 7:50 this morning Sheriff Adams
will start to Deer Lodge with Wesley.
The trial was one of the smoothest,
quickest and least exciting and sen
mational in special features of any ev
er tried in the district court of Yel
lowstone county. Not a single excep
tion was taken by either side in the
course of the trial, and not more than
four objections were offered to ques
tions put to witnesses.
P. S. SMITH IS DEAD.
After Suffering with Lung Trouble
for Many Years.
Philip Sheridan Smith, familiarly
known to his friends as "Sherd," died
at St. Vincent's hospital in this city
at 10:30 yesterday forenoon.
Mr. Smith's death was not unex
pected. For many years he had been
a sufferer from lung trouble, and dur
ing the past year he lost strength
very rapidly. He was taken to the
hospital last Sunday, where he grad
ually sank, although he was able to
be around until the day before his
death. Monday night he began to
grow worse and his end was peaceful
and painless. The deceased was born
in Bedford, Penn., where he spent his
boyhood days. Early in life he came
west, reaching Montana in 1884. He
spent some time here and then went
to California and Oregon, where he
lived several years. Later he return
ed to this state, and joined his broth
er, W. W. Smith, who at that time was
conducting a place of business at
Lavina in this county. About five
years ago W. W. Smith sold his busi
ness at Lavina and moved into town.
His brother came with him and has
since resided in the city.
Besides his brother, W. W. Smith,
who still resides here, he leaves two
brothers and one sister in Bedford,
and another brother in Alleghany City,
Penn. His illness practically dated
back to the year 1886, memorable on
account of the severity of the winter.
He became lost one night during the
terrible winter and was compelled to
lay out, thereby contracting a disease
that never left him. He was 42 years
of: age.
Deceased was a member of the
Eagles' order, holding his membership
in a lodge in Oregon. His funeral will
be held at 2:30 today at the undertak
ing parlors of George Setzler, and in
accordance with his last wish the of
ficers of Billings Aerie will conduct
the funeral services. The members of
the order are requested to assemble
at Eagle hall at 2 o'clock for the pur
pose of attending the services.
EARLY MORNING WEDDING.
Prominent Young Billings Couple
United at 6:30 a. m.
From Thursday's Daily.
The marriage of Miss Alicia Mc
Cormick and Doctor Frank J. Bell of
this city, took place in the chapel of
St. Vincent's hospital at 6:30 yester
day morning.
The young couple used the utmost
endeavor in keeping the ,matter a
secret from everybody possible, and
only a few relatives of the bride wit
nessed the ceremony. These were
Mr.-and Mrs. James J. McCormick,
Mrs. Frank McCormick and Miss
Edith Colvin. The ceremony was per
'formed by the Reverend Father Stack,
rector of St. Joachim's church, and
immediately thereafter, or as soon as
congratulations had been extended,
the couple was driven to the depot
'and embarked on the Burlington train
westbound, for Chico Springs, where
they will remain several days.
The bride is a daughter of Alphon
sus McCormick, who was formerly a
resident of this city. He is now re
,siding on a ranch near Reed's Point in
Sweetgrass county. She is a most
amiable young lady and has a large
circle of friends in the city. She is a
neice of Paul, James J. and Frank Mc
Cormick of this city and for several
years has held a responsibe position
with the McCormick company. The
groom has not resided here as long
as his bride has, but is quite well
known having been located here sev
eral years in the practice of dentistry.
The announcements state that Mr.
and Mrs. Bell will be "at home" in
Billings after February 15, therefore
it is presumed that they will remain
away for some time. It is charged
that they hurried out of town to es
cape a rousing reception and their
friends say that this will certainly be
tendered to them on their return.
NEW ORCHESTRA ORGANIZED.
Company K. Has Antoher Body of
Good Musicians.
From Wednesday's Daily.
In addition to the Second regiment
band, which was recently organized
in this city, the local militia company
has, within the past two days, organi
zed an orchestra to be known as the
Second regiment orchestra. For first
violinist the company has secured C.
E. Matheson, reputed to be one of the
best in the state. Earl C. Stevens, di
rector of the Second regiment band,
and John McGreevy, the well known
clarinetist, are also members of the
new organization. The latest New
York successes will be played, it is
stated, and a specialty made of fur.
nishing the finest dance music.
Wanted-A position on ranch by
man and wife. Address A. W. Miller,
(en'l. Del., City.
WIDOW ItGAL
BENEFICIARY
DECISION RENDERED IN SACK
ETT INSURANCE CASE.
KNOTTY LAW POINTS
Question of the Intent of the Insured
Didn't Suffice-Jennie Sackett Held
the Policy and Will Get $1,000--Case
Was Interesting to Knights of the
Maccabees.
Fannie Sackett, the widow of Floyd
Sackett, who was shot and instantly
killed in Billings county, North
Dakota, last May, has been decided by
Judge Loud to be legally entitled to
the insurance that her husband car
ried in the order of the Knights of the
Maccabees.
Before he was married Floyd Sack
ett, who then lived at Park City,
joined the Maccabee order and took
out therein a policy of life insurance
for $1,000. In this policy his mother,
the wife of W. M. Sackett, a well
known resident of Park City, was
made the beneficiary. Later on Floyd
Sackett took a wife unto himself and
he then caused, by complying with the
proper forms, a new policy to be is
sued, at the same time surrendering
his former policy. In the second pol
icy his wife, Fannie Sackett, was
made the beneficiary.
It appears that the married life of
the young couple was not altogether
congenial for Mr. and Mrs. Sackett
separated after a period of time, and
Sackett went to North Dakota where
he was killed. A few days prior to
his death he made application for
another policy from the order. Blanks
were filled out in which he made
known his desire to have his brother,
Clarence M. Sackett, made the bene
flciary. These blanks were duly
mailed to the head office of the Macca
bees, which is located at Port Huron,
Mich., but before they were received
by the officers of the order Sackett
was killed, and his insurance im
mediately became due.
Both the widow and Clarence M. at
once filed their claims for the insur
ance, the former basing her claim
upon the policy she held while the
latter set up the claim that his brother
had intended that he should receive
the insurance as evidenced by his
action in applying for another policy.
Both threatened to sue the Maccabees
and the officers of the order, desiring
to escape ,any legal complications,
filed a bill in equity id the district
court of this county, asking the court
to decide which of the parties was en
titled to the insurance. At the same
time the amount of the face of the
policy, was deposited with the clerk
of the court.
Both Clarence, and Fannie the wid
ow, employed able counsel to repre
sent them in the matter, and the case
was taken up and argued before Judge
Loud early in the present month. The
court took the case under advisement
until yesterday when a decision was
announced, awarding to the widow the
amount held in trust by the clerk.
The case involved several very fine
legal points, and attracted the interest
of members of the Maccabees all over
the country. No notice of appeal has
been given and it is thought that the
decision will be allowed to stand.
BRIEF COURT NOTES.
Entries Made During Interim of the
Murder Trials.
From Thursday's Daily.
The following proceedings have
been had at the present term of court
other than those heretofore given:
The North Real Estate, Loan and
Title company against the Billings
Loan and Trust company-Defendant's
demurrer to plaintiff's complaint is
cverruled.
In the matter of the estate of Mil
dred Durbin-Order made for the final
discharge of S. W. Soule, administra
tor, and his bond exonerated.
In the matter of the estate of Wil
liam Hildrebrandt-Order for sale of
property granted Henry 'White, ad
ministrator.
In the matter of the estate of Thom
as Shevlin--The bill of the state board
ot commissioners is allowed in the
sum of $27.95.
In the matter of the estate of Sarah
N Fuller, deceased-Order made for
final discharge of Rolland Potter, ad
ministrator, and his bond exonerated.
The Knights of the Maccabees
against Sackett-On motion 30 days
is given by consent of defendant, Clar
ence M. Sackett to file bill of excep
tions. Stay of execution is granted.
State against James Meddles-The
state moves to be allowed to add the
name of S. T. Connelly to its list of
witnesses. Defendant objects and the
objection is overruled and it is order
ed that Connelly's name be placed on
the information.
REVIVAL OF LEAGUE.
Civic Improvement Society Will Get
Busy Once More.
From Wednesday's Daily.
Judge J. D. Matheson, president of
the local civic improvement league
which has been lying in a comatose
condition for a year or more, will is
sue a call tomorrow, for a meeting of
the league, next Saturday night.
The place of meeting has not yet
been determined upon but it will like
ly be the city hall.
The revival of the league is due to
the stirring up that its members re
ceived from Henry Turner Bailey, the
noted lecturer who visited this city
several days ago. While the league
does not believe that it will be possi
ble to carry out at once all of the valu
able suggestions offered and illustra
ted by Mr. Bailey, still it believes that
a start may be made this spring along
the lines suggested in the lecture. The
elaborate plans outlined by Mr. Bailey
for beautifying the city with parks,
drives and boulevards, will have to be
matured gradually as the city grows
and becomes more wealthy. On the
other hand there are many small
things that can be attended to at once,
and without great expense, that will
have a tendency to make Billings a
better place to live in, and it is the
purpose of the league to take hold of
these matters at once.
ELK HUNTERS ARE OUT.
Party is After Some of Paul McCorm
ick's Famous Herd.
Prom 'Ph.raday's Daily.
A party of elk hunters left here
Monday, bound for the rim rocks and
canyons north of town, in search of
about eight of Paul McCormick's herd
that he desired to kill off.
In the party were Jeff McCray and
W. H. Zindel of Buffalo, Wyo., Bob
Nix, Billy Vail, W. B. Parkinson, Al.
Mantle, J. W. Cook, Gib. Cothron and
A. A. Morris. The party went into
camp on the high divide about 16
miles north of town Monday night,
and early yesterday morning Paul Mc
Cormick, the owner of the herd, went
out and joined the crowd. One or
two members of the party returned to
town last night and reported that late
yesterday afternoon the hunters had
not succeeded in running down any of
the elk that Mr. McCormick desired to
have killed and that the party went
into camp last night near the stone
house near the head of Alkali. It was
their intention to renew the search
today, but the stiff blizzard that came
up last night may have an effect of
driving them back to town.
CRAVEN IS ARRAIGNED.
Enters Plea of Not Guilty-Is Out on
Bond.
From Wednesday's Daily.
At 2 o'clock yesterday afternoon,
while the court was waiting for the
jurors to be brought in in the Wesley
murder case, Jack Craven came into
court, accompanied by his attorney,
Fred M. Hathhorn, and was arraigned
on the charge of seduction.
Mr. Hathhorn waived the reading of
the information in the case, and on
behalf of his client entered a plea of
not guilty. By order of the court the
bond for $750 furnished several days
ago, was made a continuous bond, and
the case was set for hearing on the
23d inst. Craven gave bond last Sat
urday, quite a number of property
holders having signed the instrument.
WITH MOLTEN PITCH.
Employe of the Billings Brewery Is
Severely Burned.
Ed. Kraus, cooper and repair man
at the Billings brewery, met with a
peculiar and painful accident at the
brewery Monday afternoon.
Mr. Kraus, who had been employed
with the company for about a year,
was engaged in the task of lining the
inside of beer kegs with pitch. This
is done in order to make them ter
fectly air tight and one of the require
ments of the work is, in order to in
sure perfect safety, tnat the hot pitch
shall not come in contact with any
moisture. Apparently a piece of ice
had become lodged in one of the
kegs and when the hot pitch was pour
ed into it there was a miniature ex
plosion and the molten stuff shot out
of the bunghole of the keg, striking
Kraus fairly in the face. The red hot
pitch covered his entire face to the
depth of an eighth of an inch and his
agony for the moment was terrible.
He was taken to his room where he
was attended by a physician who
found that his entire face had been
almost cooked. It was feared for a
time that he would lose the sight of
bqth eyes, but it was reported last
night that he was improving and that
his eyes had not been seriously af
fected.
Wanted-At once, by woman with
one child, position as housekeeper for
widow or bachelor; experienced cook.
Mrs. J. Smith, Laurel, Mont.
Horses for Sale.
Broken and unbroken matched
teams from 1200 to 1600 pounds each.
Apply to J. F. Tilden, Park City.
MAYOR USES
VETO POWER
RETURNS PEDDLERS ORDINANCE
WITH HIS DISAPPROVAL.
EXHAUSTIVE REASONS
Believes the Ordinance Illegal-Alder
man Bennighoff Denounces Mayor's
Reasons as Flimsy and Untenable
Gives Notice that Body Will Pass
Ordinance Over Veto.
From Wednesday's Daily.
The volume of business transacted
at last night's session of the city coun
cil was exceedingly small.
Only five members of the body were
in their seats at the time of roll call,
the snow storm that was raging at
that hour no doubt having had an ef
fect of keeping the others at home.
Alderman Cothron is out of town. The
meeting was not without some feat
ures of excitement, however. At the
last regular meeting of the body an
ordinance providing for the licensing
of pedlers was brought up. Unani
mous consent was secured and the or
dinance was placed upon its final pas
sage and every member of the council
voted in the affrmative. Last night
the mayor returned the ordinance to
the council with his veto.
The reasons for vetoing the ordin
ance were set forth in a somewhat ex
haustive review of the law bearing on
the subject matter of the ordinance,
which the mayor read from a type
written paper. In brief it was to the
effect that the mayor was of the opin
ion that the ordinance bordered on
class legislation and was therefore not
in accordance with the law of the
land.
Alderman Bennighoff arose to a
question of personal privilege and
stated that in his opinion he consider
ed the reasons set forth for the may
or's act quite insufficient and unsatis
factory. In fact he said that the reas
ons were so flimsy in his opinion, that
they were not entitled to serious con
sideration, and he informed the mayor
that he was confident that the full
council when present, would pass the
ordinance over his veto. He gave the
mayor notice that he would again
bring the ordinance before the body.
Mayor Foster said a few words in
support of his position and the episode
closed.
A few small bills were allowed after
which the council adjourned until the
next regular meeting.
HYPNOTIST LOST POWER.
Couldn't Prevent Another Fellow
From Blacking His Eyes.
From Wednesday's Daily.
McEwen, a hypnotist of some repu
tation of different kinds in the west
ern country is billed for a seance in
Billings in a near future date. It is
not known for a certainty whether he
will be able to fill the engagement for
according to a report published in
one of the newspapers published in
the western part of the state, McEwen
went against it in an Idaho town.
It appears that McEwen is one of
John Cort's attractions. Cort is the
well known Seattle theatrical mana
ger. Early this season Cort booked
hin to instruct the barbarians of east
ern Oregon and southern Idaho in the
mysteries of hypnotism. All went
well until a telegram was received at
Mr. Cort's, office in Seattle that Mc
Ewen had forsaken the stage to play
a spectacular engagement with Uncle
John Barleycorn. In brief, the dis
patch stated, McEwen was drunk, and
was not keeping his engagements.
On receipt of the telegram Mr. Cort,
according to the story told by a prom
inent Salt Lake railroad man, who has
just returned from Idaho, dispatched
Mr. Leavitt to find the erring one. Mr.
Leavitt located him in Caldwell con
siderably the worse for many liba
tions. Leavitt was exceedingly wroth,
and, so the tale goes, invited McEwen
to fistic combat. They were in Mc
Ewen's room when the challenge was
issued.
Both peeled their coats and went at
it hammer and tongs. McEwen, how
ever great his hypnotic powers, was
not in it with Leavitt in a personal
combat. The truth is, that his face
looked as if it had been run through
a sausage machine after Leavitt got
through with him.
After the pugilistic argument was
over, and McEwen had been put to
bed with beafsteak on his eyes, the
two talked business. McEwen stayed
in his room for several days.
For Sale.
Kentuck jack, eight years old, 14%
hands; sure foal getter; can show
1,200 pound colts from 1,050 pound
mares: has been in the valley four
years. Cheap it taken at once.
BILLINGS LAND & LIVE
75-6 STOCK COM. CO.
For Rent--200 acres plow land amr
railroad station. J. F. Tilden, -P.le
City. kj-13
Proposal for leasing grazing district
numbered three on the Crow Reserver
tion, Montana. Department of the ia*
terior, office of Indian affairs, Was
ington, D. C., December 23, 1905. Seal
ed proposals will be received at this
office until 2 o'clock p. m., on Tues
day February 20, 1906, and will be
immediately thereafter opened in the
presence of such bidders as may at
tend, for leasing grazing district No.
3 on the Crow reservation, Montana,
for the grazing of sheep only, for a
period of five years from April 1,
1906. The proposals must be address
ed to the commissioner of Indian af
fairs, Washington, D. C., and must be
plainly endorsed on the outside of
the envelope "Proposals for Leasing
Crow lands."
The district comprises the central
western part of the reservation east:
of the "McCormick" fence and is eEtl
mated to contain 435,000 acres. A
minimum price of four cents per acre
per annum is placed upon the land
and no bid for a less amount will be
considered.
The successful bidder will be requir
ed to purchase at the market price the
surplus hay and grain raised by the
Indians residing in the adjoining fareb
ing country known as the "Big IHot
District." Maps showing the locatiSa V
of the district and posters giving it
formation to the submission of bMi,
may be obtained on application to the
United States Indian agent of the
,Crow Agency.
Bids not conforming to the require
ments of the printed posters may be
rejected, if such action shall be deem
ed desirable.
C. F. LARRABEE,
Acting Commissioner.
(First Publication Jan. 12, 1906.-9w)
Timber Land, Act June 3, 1878.
Notice for Publication.
United States Land Office, Bozeman,
Mont., January 10, 1906.
Notice is hereby given that in com
pliance with the provisions of the act
of Congress of June 3, 1878, entitled
"An act for the sale of timber lands
in the States of California, Ore;gn,
Nevada, and Washington Territory,"
as extended to all the Public Ad
States by act of August 4, 1902, ElIsa
beth M. Kelly, of Billings, county of
Yellowstone, States of Montana, has
this day filed in this office her sworn
statement for thq purchase of the
N14 SE% and N% SW,% of SBateif
No. 30 in Township No. 1 N., oanse
No. 26 E. M. P. M., and will F
proof to show that the lad sough
more valuable for its timber or .Oe
than for agricultmral* purposes, avs &o
establish her claima to saei land Ib)dre
Fred H. FPoster, Clerk P4ourt, ti his
office, Billings, Mont., on Monday, the
19th day of March, 1906.
'She names as witnesses John S.
Graham of Billings, Mont.; Igiaths
D. O'Donnell of Bill~4gý ,
D. Matheson of Billimgs, .Miot:; Jobla
M. Ramsey of Billings, Moat,
Any and all persons' claiggl
versely the above-described lans ide '
requested to file their claims in this
office on or before said 19th day of
March, 1906.
M. R. WILSON,
Reister.
u' (First Publication Jan. 12, 1906.-9w)
Timber Land, Act June 3, 1878.
in Notcie for Publication.
s United States Land Office, Bozeman,
ie Mont., Janury 10, 1906.
or Notice is hereby given that in com
in pliance with the provisions of the act
of Congress of June 3, 1878, entitled
"An act for the sale of timber lauds
in in the States of California, Orega,
Nevada, and Washington Territor,"'
of as extended to all the Public Laud
he States by act of August 4, 1902, Bishop
B. Kelley, of Billings, county of Tel
a- lowstone, State of Montana has filed
ad in this office his sworn statement tBr
At- the purchase of the S% NW'% and
ie S% NE¼% of Section No. 30 in Town
at ship No. 1 N., Range No. 26 E., aind
will offer proof to show that' the laud
sought is more valuable ftor its tft9
[c- her or stone than for agricultural par
ty poses, and to establish his claim to
le said land before Fred H. Fgiter, Ck
Is- of Court in his office, Billhgs, Mo
tana, on Monday, the 19th day of
March, 1906.
He names as witnesses:
.t, John T. Graham of Billings, Mont.;
n. Ignatus D. O'Donnell of Billings,
is Mont.; John D. Matheson of Billings,
Mont.; John M. Ramsey of Billings,
Mont.
fr. Any and all persons claiming ad
n- versely the above-described lands are
a- requested to file their claims in this
h, office on or before said 19th day of
March, 1906.
M. R. WILSON,
:- Register,
SJ. F. KELLEY
is EMPLOYMENT ASENCY.
;e MiLPh i 73 B Mutul Peis
;h MILLINGS, W
to ,
id
n. BILLIEOS LMAn T 'I
*,O-;l

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