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WESTERN NEWS. VOLUME XIV. HAMILTON. MONTANA, WEDNESDAY. JANUARY 20. 1904. NUMBER 18 O'BRIEN GRANTED SECOND WRIT SUPREME COURT ISSUES NEW WRIT OF HABEAS CORPUS. RETURNABLE AT HELENA SATURDAY Local Option Test Case Squarely Be* fore Court of Last Resort— To Be Decided at Once. The state supreme court on last Thursday ordered the issuance of a second writ of habeas corpus in the case of William P. O'Brien, and made it returnable Saturday, Jan. 23, at *0 o'clock. The court also ordered that pending the hearing Mr. O'Brien be admitted to bail in the sum of $500. In applying for the writ Attorney Wag ner made substantially the same plea as for the first writ, supplementing his position with affidavits to the effect that Judge Webster had refused to pass upon the constitutionality of the local option law. Sheriff Pond in accordance with the order of the court will "produce the body of W. P. O'Brien" at the capitol next Saturday morning. The sheriff and his prisoner expect to leave for Helena Friday. Mr. Wagner will probably go a day or two before. The Helena Independent of last Fri day tells of the granting of the writ as follows: / "Ravalli county's local option law is to claim the attention of the suoreme court a week from today, that being the day set for the return on the writ of habeas corpus issued out of the court yesterday. Last week W. P. O'Brien, a Hamil ton saloon keeper who had been ar rested and fined for selling liquors af ter the local option law had went into effect, applied to the supreme court for a writ of habeas corpus directed to Sheriff Pond, of Ravalli county, alleg ing that he was deprived of his liberty unlawfully under a sentence imposed VAC J\ Little money never Bought $o ♦♦♦ DM This week at our store furnishes to men a rare opportunity to outfit themselves with good Clothing and Furnishings. We are making some prices never before given in this town, and every man who fails to take advantage of them may count himself loser by so many hard earned dollars. * ^t Suits and Overcoats. $20 00 Suits or Overcoats, now $13 00 18 00 U u 12 00 15 00 U u ........................ 10 00 12 50 a u 8 50 10 00 u u 7 00 7 50 u u 6 00 . G 50 u u 5 00 men's furnishings. Men's Sweaters, worth $2 and now <J>1 50 Men's Soft Hats, worth $2 and $3 now 1 50 Men's Stiff Hats worth $1.25 and $1.50 now... 75 " " Shirts " $1 now 50 Men's and Boys 75c Winter Caps now 50 Men's $1 and $1.50 Winter Caps now ........................ 75 Men's Linen Collars worth 15e now 10c or 3 for 25 Men's Stiff Hats in black and brown worth $2.50 and $3.50 now 50 ...Cbi$ i$ the first of a Series of Bargain Offerings... HOLD YOURSELF IN READINESS FOR OTHERS. Anaconda. Copper Mining Company. MERCANTILE DEPARTMENT. by the justice's court. The matter was presented to the justices of the supreme court at chambers, atid the writ was ordered to issue, being made returnable before Judge F. C. Web ster at Missoula last Monday. At that hearing Judge Webster denied the writ, saying that he would not pass upon the constitutionality of the local option law, the question that is to be tested. Yesterday O'Brien's attorney, Charles Wagner, again appeared be fore the supreme court at chambers with an application for a writ of habeas corpus, the allegations being identical with those of the first appli cation. The court ordered the issuance of the writ, and made it returnable Saturday, Jan. 23, at 10 o'clock. Death of J. M. McMurry. Prof. James Milton McMurry died suddenly early yesterday morning at the home of his son, W. E. McMurry, on South Third street. Heart dis ease was the cause of death. Prof. McMurry who was principal of the Canyon Creek school, and had taught school the day before, arose about 5:30 o'clock and went to the kitchen to as certain the time. Returning to his room he sat down on the edge of the bed for a moment and then pitched forward to the floor, expiring almost instantly. The funeral will be held from the McMurry residence Sunday afternoon at 2 o'clock, it having been delayed awaiting the arrival of three daugh ters from the east. Prof. McMurry was 65 years of age. He came to Hamilton last fall from Palmyra, Mo., where he had resided for more than 25 years. He is sur vived by his wife and eight children: W. E. McMurry of this city and Mrs. F. L. Gosney of Missouri by his first wife and Miss Mamie of St. Louis, Miss Nellie of Chicago and Mabel, Laura and Leslie of this city and Wil bur, whose present wherebouts is un known. Mr. McMurry was a genial, scholarly gentleman, highly esteemed by all and the bereaved ones have the sympathy of the entire community. LOST—between Hamilton and Como a lady's white shirt waist. Finder please leave at this office and receive reward. 13 it J ! j I BEN WAKEFIELD INSTANTLY KILLED TUMBLED DOWN A STAIRWAY IN DARBY. HIS NECK BROKEN BY THE FALL Deceased Would Have Celebrated His 6oth Anniversary That Day— Funeral Was Held Sunday. Benjamin Wakefield, an aged resi dent of Darby, came to his death in a very extraordinary manner last Sat urday morning. He had a room on the second floor of the Tanner hotel. Shortly after one o'clock in the morning other occupants of the hotel were awakened by a com motion on the stairway, as of some heavy body tumbling down. Upon investigation Wakefield was found lying in a heap at the bottom of the stairs. An examination disclosed that his neck had been broken by the fall and that death had been almost instantaneous. Wakefield had been drinking the day before and it is supposed that when he got up for some purpose dur ing the night he was unsteady and missed his footing at the head of the stairway. A coroner's jury was empaneled on Saturday by Justice F. B. Tanner which returned a verdict that the deceased came to his death in the man ner stated. The funeral was held Sunday after noon and was conducted by the county, the deceased being in destitute circum stances. Wakefield was 60 years of age Jan uary 16, the day of his death and had no relatives in this section. He is said to have a brother, a wealthy merchant, residing in New York. -*^ - Trial Jurors January Term. The following are the trial jurors drawn for service during the January term of court: Darby— J. A. C. Burch, J. R. Brown, Frank H. Overturf, Geo. T. Waugh— Hamilton—James Higgins, Fred A. Vanblaricom, John W. Smith, Joseph Blodgett, Jr., Frank Wallin, Frank Strong, C. R. Bell, A1 Biddiscomb— Woodside—Victor Schultz—Corvallis— Lamar Chaffin, J. L. Humble, James Barr, C. B. Payton, J. D. Forsythe, F. E. Lockridge, D. F. Boyer, W. H. Al ford—Victor—Geo. W. Fowler, A. D. Williams, James Mize, T. L. Patty, August Moeller —Stevensville— Matt Templeton, Thomas Johnson, Louis A. Harris, F. B. Dade, John B. Haley— Florence—Anthony Morris, F. M. Jamison, P. F. Boltzand L. A. Carver. The court excused the following from service: Matt Templeton, Frank H. Overturf, Geo. T. Waugh and A. D. Williams. Died. John Trainor died suddenly Thurs day night. He had not been well for week but kept at work every day putting up ice. While loading his wagon Thursday evening he suddenly fell, but soon recovered sufficiently so that he could make his way home. Ar riving there he was placed in bed. He sank rapidly, passing away in a few hours. Heart failure is given as the cause of death. The funeral was held Sunday afternoon from the Catholic church, under the auspices of the local labor union Mr. Trainor was about 60 yerrs of age and had lived in this vicinity for 15 years. His only relatives in this section are Mrs. Trainor and her daughter, Mrs. Thos. Ray of Willow Creek, and who have the sympathy of many friends. Died—T he infant son, of Mr. and Mrs. Frank McCarty, who reside in Riverview, died Sunday morning at 2 a. m. The bereaved parents have the sympathy of the entire community. Born. Fi.ahkkTv —To Mr. and Mrs. M. J. Flaherty, Jan. 9, a girl. Meeser—T o Mr. and Mrs. George Meeser, Jan. 14, an eleven pound boy. Stout —To Mr. and Mrs. A. F.Stout, Jan. 19, a boy. JOHN A. HAY IS ACQUITTED CHARGED WITH ASSAULT IN THE FIRST DEGREE. TOOK THREE SHOTS AT KLIPPERT Kllppert Married Hay's Divorced Wife—They Ran Amuck at Corvallis. The case of the State against John A. Hay was called at 10 o'clock yester day morning. Hay is charged with assault in the first degree, he having, it is alleged, fired three shots at J, E. Klippert in the rear of the home of E. A, Wolfe at. Corvallis, on Nov. 9th last. The case is being prosecuted by County Attorney W. P. Baker, assisted by R. Lee McCulloch. The defense is being conducted by Attorneys R. A. O'Hara and H. L. Myers. The case has been bitterly contested from start to finish. A great deal of personal feeling has been manifested through out the case and the occasional some what sensational disclosures have suf ficed to keep the court house packed. All witnesses were excluded from the court room except when giving testi mony. Ail yesterday forenoon was con sumed in securing a jury and the venire .vas about exhausted when the panel was filled The following twelve jurors were drawn to try the case: John D. Forsythe, Anthony Morriÿ, John W.Smith,Victor Schultz, Thomas Johnson, A1 Biddiscomb, Jos. Blodgett Jr., James Mize, P. F. Boltz, L. A. Carver, J. R. Brown and J. A. C. Burch. According to the testimony, of the witnesses for the state, llay called at the home of Ad Wolfe, where his former wife and her husband, Mr. and Mrs. J. E. Klippert were stop ping on the evening of Nov. 9, be tween 6 and 7 o'clock. There were present in the house at this time Mr. Wolfe, Mr. and Mr,. Klippert, Mr. and Mrs. E. (J. Chaffin. Earl Hay, son of Mrs. Klippert and Mr. Hay, and Wiilie W ehr. Mrs, Chaffin responded to Mr. Hay's knock at the back door. He asked for his son Earl. The boy kissed his mother and started to go. She told him he need not go unless he wished but the boy insisted upon leav ing and she accompanied him to the door. There she confronted Hay and exclaimed "get out of this yard and stay away. You're not wanted here." Hay replied,"you------" and start ed away, the boy in the lead. Klippert heard the altercation from within and hastened outside. As he passed his wife she told him Hay had a gun. Klippert ordered Hay off the premises, meanwhile going towards him. Hay began calling him names and told him that if he came outside he "would fix him." Klippert arrived at the gate when Hay at a dis tance of 36 feet fired his revolver three times. At the first shot Klippert fell just inside the gate. In explanation Klippert said "something told him tc drop and he dropped " Hay then went up town and gave himself up to the authorities. A section of the gate with a bullet embedded in it was offer ed in evidence. Attorney Henry L. Myers made the opening statement for the defense. He stated, in brief, that they would prove that Mr. Hav went in a peace able manner, darkness having fallen, to the Wolfe home after his child. That he was abused by the K'ipperts and iollowed up the alley by Mr. Klippert who was the aggressor at all times. And that finally Hay turned on his assailant and fired several shots in the darkness hoping to drive Klippert, a younger and more powerful man, away and that the act was done purely in self defense. The following witnesses testified for the defense: John A. Hay, Earl Hay, Willie Wehr, Robert McLaughlin, Chas. Bonesteele (of Helena,) Bray Wiley, Fred Ensign, Roy Myers, Bert Hollibaugh, C. F. Green, Frank Chaf fin, Ouiller Wilkerson, J. L Summers, Robt. Myers and William Hall. The witnesses for the state were Mr. and Mrs. J. E. Klippert, Mr. and Mrs. E. O. Chaffin and E. A. Wolfe. The taking of testimony was con cluded early in the afternoon where upon argument by counsel beg-an. The case will probably go to the jury this evening-.