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Fergus County Democrat. ______ THE OFFICIAL RARER OP FERGUS COUNTY Vol, IV. No. 15. LEWISTOWN, FERGUS COUNTY, MONTANA, TUESDAY, DECEMBER 3 , 1907 l you have been promising your self for several years past? The ones now in use have stood by you nobly. Whv not replace them with a new set? We carry all our patterns in open sets. You can purchase any number of pieces you wish vith the assurance that you can always find the same pattern at our store and can readily re place any broken pieces in this way; you do not have to ur chasc a lot of dishes you have no need for. We have just added several new patterns to our stock in Austrian china and best Eng lish porcelain, both in plain white and decorated patterns and are now in position to of fer a selection that is sure to please. We have just received a ship ment of fancy lamps. They are beauties and must be seen are beauties and must be seen to be appreciated. Our lamps will illuminate your home. May we have the pleasure of demonstrating it? Incandescent Heaters burn the gases and convert them into heat. They are /asted in the other kind. THE LEWISTOWN COMPANY 'If yon don't buy of us wo both lose money." i SMITH MUST STAND TRIAL Judge Brassey Holds Slayer of Wallace Fairfiairn to the District Court-Defense Does Not Offer Any Testimony. Chester C. Smith, who on Novem ber 21 shot and killed Walter Fair bairn at Pine Grove, will be tried at the coming term of court on a charge of murder in the first degree. The preliminary hearing in this case was held before Justice of the Peace 'Edward Brassey Saturday morning, and was comparatively brief, the defense deciding not to of fer any testimony at all, so that the really sensational features connected with the tragedy were not develop ed. County Attorney Roy E. Ayers and J. C. Huntoon appeared for the state, while Frank E. Smith represented the defendant. The state simply made out a prima facie case and the defense then entered a formal motion for the discharge of Smith, on the ground that the testi mony did not indicate that the al leged crime of murder had been committed by him. Judge Brassey's Ruling. In passing upon the motion, Judge Brassey said that in view of the feel ing that existed in the community over the unfortunate affair, he was of the opinion that it would be bet ter for the defendant's future to go to trial in the district court. "The defendant will be held for trial without bonds," concluded the court. The State's Case. The first three witnesses for the state were Mrs. Alex Morrison, Miss Belle Morrison and Alex Morrison, ■'■heir home is only about 150 yards from the spot where the tragedy was enacted, and the most important feature of their testimony was the point that the spot where Fairbairn was shot down was about the only one in that immediate vicinity where the participants were hidden from the view of those in the house, there be ng a small knoll just at that portion of the road. A few paces in either direction would have brought Fair bairn and Smith in plain sight of people in the house. The state did not dwell particularly on this im portant point, being content, as stated before, to make out a prima facie case. Mr. Morrison testified that immediately after the shooting he saw the body. It was lying on the back, with the head up hill and the feet down. There was scarcely any blood around and he noticed at the time but one bullet wound, that being in the forehead. He picked GRAIN GROWERS MEET. Adopt Plan for Opening of Judith Basin Mill. A large number of grain growers responded to the call for a meeting at Jackson's hall Saturday afternoon to take up a plan for having the local mill grind a big supply of No. 1 hard winter wheat into flour., The meeting was held under the ausplceB of the American Society of Equity, although the attendance was not limited to members of that organization. The official report of the meeting is as a follows: 'Every wheat grower in Fergus county is urged to contribute at least 2,000 pounds of hard wheat. Some have already subscribed 9,000 pounds, while others expect to put in as much as 2,000 bushels each. Those who are at the head of the movement have secured the services of a thoroughly competent miller, who has turned out RESTORES OLD GRAIN RATE C. R. McClave, manager of the Montana Elevator at Moore, received a message last Friday morning from Auditor Sharpe of the Montana railroad stating that the contem plated increase of ten cents per hundred in grain freight rates from Lewstown to Duluth will not be put into effect. That leaves the rate where it is now, 45 cents per hun dred which, goodness knows, is high enough. That extra six cents a bushel means a matter of $30,000 to $40, 000 to the farmers of Fergus county and such a sum distributed among the ranchers is worth looking after. While we are pleased that the Montana and Northern Pacific rail roads are considerate enough to up an empty cartridge shell from Smith's gun about three paces from the body. The Coroner's Testimony. Coroner F. F. Attix told of his examination of the body and the gen eral situation at the place where it was lying, agreeing with Mr. Mor rison on all points. The coroner picked up a second shell about four paces from the body. He did not observe but one wound on the body prior to the post mortem, which was held after the body was brought to Lewistown. At the time he first examined the body he observed a bullet wound in the head and later found that Fairbairn had also been shot in the left breast, the bullet cut ting the aorta. The effect of this was to immediately empty the heart ot blood, causing death very quickly. Frank Maynard testified that on the day of the killing, he was engaged with W. W. Willard and others threshing when the defendant came into the field and showed them a list of names supposed to have been written by Mrs. Smith, with a state ment that she had sustained im proper relations with them. Smith handed the confession around to the men to read. He said he wanted them to know the truth about the matter and said the parties whose names were on the list had threat ened his life. He said he expected to meet some of them that day and had a right to protect himself. Smith asserted that a week before a prom inent rancher of that neighborhood, not Fairbairn, had sent word that he intended to kill him. Smith than said, "You ought to see the confes sion my wife has written out." W. W. Willard testified to the same effect as Mr. Willard with re gard to Smith showing them a list of names. Peter Fairbairn, a brother of the decedent, testified that the note sign ed "Messenger" and requesting Wal ter Fairbairn to be at the Pine Grove postoffice November 21 at noon, and signed "Messenger" was left in their sheep wagon while they were away from the place. Walter said he did not understand the note or who wanted to see him, but he went as requested. He never came back. This closed the testimony for the state and the defense having no tes timony to offer, Smith was held without bonds. It is supposed that his trial will take place at the com mg term of court in January. thousands of barrels of Gallatin Val ley's best flour, and they feel con fident that the mill at Lewistown will soon be turning out a flour second to none in the state. All who will con tribute to this move are assured bet ter than $1 per bushel for their wheat. A committeeman has been ap pointed to solicit wheat in each neigh borhood, and if the ranchers respond as they should, it will be but a short time until every road will lead to Lewistown." Second Annual Ball. The Kendall aerie of the Fraternal Order of Eagles are planning to give their second annual ball at Jones' new opera house on the night of December 25th. Music will be fur nished by the Eagles' orchestra and supper served by the Women ot Woodcraft. The committee on ar rangements is composed of C. D. Kimball, Roy Carter and T. W. Humphrey. abandon the raise, we would be yet more grateful if they were to place the rate at a figure whiffo would give the Fergus county grain growers a half way even break with farmers in other sections of the west. The Canadian Pacific has a rate of 16 cents per hundred from the grain fields of Alberta to the lake terminus, Port Williams, -we be lieve it is. Like Fergus county, Al berta is a new country and is rapid ly forging ahead as a producer of grain. But unlike Fergus county, it is being assisted in every possible manner by the great transportation line which passes through the heart of the cQjintry. Settlement is en couraged instead of discouraged and the great industry of grain raising is carefully fostered instead of being struck a vital blow. Forunately, Fergus county grain growers will be in a much better position next year. By the time grain is ready to ship, the Milwau kee and Burlington roads will have jeen completed through the coun try- and rates which will mean from ten cents to 20 cent m am am am ten cents to 20 cents per bushel on wheat will, no doubt, have been put into effect. Yesterday Austin W. Warr ceived a letter from General Freight Agent Brainard, of the Northern Pa cific which for a time caused some dismay It announced that the res toration of the old rate had been ordered, but called attention to tlu fact that under the law, such a change in the rate can only be made ef fective after 30 days notice to the interstate commerce commission. However, in this case it is hardly change in rate but a decision not to put into effect a new rate, and in that view, it may be that the 30 days notice is not necessary. At all events, such is evidently the view taken by Mr. Sharp, and the grain is being received by the railroad on the basis of the old rate. MUCH BUSINESS AT THE LAND OFFICE UNUSUALLY INTERESTING EXER CISES CARRIED OUT HERE SUNDAY AFTERNOON. The Lewistown Elks are certainly hustlers and able to accomplish a good deal on short notice, as was shown by the fine memorial service held at their hall Sunday afternoon. The local lodge was a little late In taking up (he matter of securing a speaker, and the result was that all those applied tb had engagements. It was at first thought that a formal observance of the occasion would have to be dispensed with, but com mittees were soon at work, with the result that Sunday's program was one of the finest ever carried out here on a similar occasion. The spacious hall was crowded to the doors and the Elks themselves, except the officers of the lodge, stood throughout the ceremonies. Exalted Ruler George J- Wiedeman presided and the first number "if I Forget Thee" was rendered exquis itely by a quartet composed of Mrs. Albert Johnson, soprano, Mrs. M. E. Darrow, contralto, Richard Lausch, tenor and Mr. Linn, basso, with Mrs. O. W|. Belden as accompanist. The ritual work of the lodge fol lowed and Miss Nellie Titter sang 'Auld Lang Syne" in a manner that charmed all. It was by far the finest interpretation of the old song ever heard here. The second part of the ritual work was then carried out and after the opening ode, Rev. T. R. Taggart, of the Presbyterian church, offered the invocation. The next number on the program was a cornet solo "Nearer My God To Thee," by Miss Mabel Baker, and in the absence of George W. Cook, Senator Henry M. Rae read with ex cellent effect "Thanatopsis." The quartet sang "A Clean Heart," and Hon. David Hilger was introduced to deliver the memorial address. A Fine Address. Mr. Hilger had to assume this task on a few hours notice but was able to obtain a copy of the address made by Judge Cheadle at Red Lodge Sun day afternoon, and read it impressive ly. Miss Irene Porter, the Chicago so prano, was heard for the first time in public in the solo "A Song of Thanksgiving," and her rich voice and fine expression made a most pleasing impression'Upon all her hear ers. The closing ceremonies of the lodge were then carried out and following the Doxology, the benediction was pro nounced by Rev. T. R. Taggart. The memorial committee was com posed of David Hilger, J. T. Wunder lin and James H. Charters, and the ushers were H. M. Rae, J. L. Beebe, J. H. Charters and Albert Johnson. The service was notable, both in the character of the exercises and the un usually large attendance. UNION SERVICES. Fine Address is Delivered by Rev. T. R. Taggart. The Union Thanksgiving services Thursday morning were held at the First Methodist church, all the pro testant ministers of the city partici pating. The opening prayer was offered by Rev. J. A v Martin, of the Methodist church and after singing, Rev. H. G. Wakefield, of the Episcopal church, read the governor's Thanksgiving proclamation. Rev. William Remington, of the Baptist church, gave the scripture reading and Rev. T. R. Taggart, of the Presbyterian church, then deliv ered the Thanksgiving sermon. It was a fine effort, suited especially to the occasion, and was pervaded by a spirit of optimism for the future of the country. ciTTHpEETii Increrse in Water Rates Brings Out Numerous Protests -Reports of City Officers -Another Improvement District Is Planned. The regular monthly meeting of the city council was held last even ing, Mayor Pinkley presiding, with Aldermen Sloan, Leach, Hazen, Slater, Tubb and Wilbur in at tendance. Early in the evening protests coin menccd to come in against the large number of increases made in tli charges for water. Recently the council had the whole city re-check ed by special men, with the result that in numerous instances the old rate was very greatly increased. It was apparent that these protests require much time to investigate each one separaely and on Mayor I'inkley's suggestion it was decided that a time should be fixed for-Fear ing all complaints of this nature. It was decided to have the water committee meet Saturday afternoon next at the city hall to hear such protests Irving Pierce, representing the congregation of the Baptist church, asked that the sidewalks and cross ings in the vicinity of that house of Worship be placed in good condition. Referred. Roy E. Ayers, representing him self and others, asked that an arc iglit be placed on Watson street where it crosses the railroad. The written petition bore the signatures af sixteen property owners. Referred. I he Wilson-Seiden Drug company was granted permission to place an arc light, similar to that in front of the Electric building, in front of the establishment. Granted. Another Improvement District. C. E. Copeland and others asked that a special improvement district for a sewer be created, the district being bounded on the southerly side by Montana street, on the west by Ninth avenue, on the north by Evelyn street and on the east by f ifth avenue City Attorney De Kalb was instructed to draw a resolution declaring the city's intention to create the district. George D. Bradbury and others asked that an arc light be placed at the Boulevard bridge. Referred. Treasurer's Report. J he report of City Treasurer Mur ray II. Deaton for November show balances in the various funds on December 1 as follows: General fund, $3,062.02; special sewer fund, $1,226.97; special en dowment fund, $2,035; dog tax fund, $36.95; gravity water works fund, $4,977,85; water works fund, $4,938 06; sinking fund, $3,928.53, making a total of $20,205.30. ENTERPRISING HARLOWTON. Is Getting Ready to Become a Live City. Musselshell News: ITarlowton will have a combined electric light and waterworks system as soon as spring opens and the construction work can be done. A. C. Graves, Benjamin Urner and othe rcitizens of Harlowton, Frank Goss and Melzer Stevens, of Lew istown, will incorporate at once the Harlowton Water and Electric com pany The water will be taken from springs on the flat south of the Mon tana railroad depot, and piped, to the summit of the hill west of town, where a concrete reservoir will be built. This will have a capacity suf ficient to supply a town of 3,500 people with water for fire protection and all other purposes. USUAL RUSH OF TAXPAYERS County Treasurer Chandler and J. M. Croft, who is assisting him, were kept on the jump Saturday re ceiving taxes, and not less than $40, 000 poured into the strong box. Taxes unpaid at 6 o'cock Saturday even ing, under the law became delin quent, but it is impossible to enforce this provision rigidly for the reason that a large number of tax payers residing at a distance sent their taxes by mail on the last day and the money is still coming in. Yesterday over $15,000 was received and it is still coming in today. Of course it is yet too early to ascertain just what proportion of the total will become delinquent, but. Overdrafts were reported as fol lows: Road fund. $2,672.74; fire fund, $3, 251.72; library fund, $1,787.99; water tnd sewerage bond fund, $1,786.91; pecial improvement fund, $2,487 80, making a total of $11,987.16, and eaving a net balance of $8,218.14. Police Magistrate's Report. 1 he report of F. F. MacGowan for November showed that fines amount ing to $162.50 had been collected during the month. Water Collections. M. D. Kimball, collector of water ates, submitted his report showing collections during the month amount ing to $533.26. Opening of Third Avenue. City Attorney De Kalb, announced that Rudolf von Tobcl had agreed to enter into a stipulation in the pend ing litigation between himself and the city, relative to the opening of two streets running through prop erty owned and claimed by Mr. von Tobel. The first of these actions is (hat of the city against Mr. vop Tobel, in which the city sought to condemn a small strip of land for the opening of another street. The city was successful in this litigation, Mr. von Tobel, how ever, taking an appeal. He stipulates that upon the payment by the city of the cost of fencing both sides of the st rip condemned, lie will dis miss the appeal. In the case of Mr. von Tobel against the city an injunction pro ding in which he sought to re strain the city from entering upon that portion of Third avenue includ within the property claimed by him, but which the city claims was licated as a street. Mr, von Tobel stipulates that the city may drive through his gateway and over his his garden fence. Should Mr. von his garden efnee. Should Mr. von Tobel ultimately win this suit, the city is to pay a reasonable compen sation for such use. If the city wins the use of the ground is to be offset by what the city claims for the street. Mr. De Kalb was authorized to enter into the stipulation, and this will enable (lie city to proceed with Ihe opening of t he thoroughfare without further delay. Stuart Resigns Richard Stuart sent in his resig nation as pound master. City Treasurer Deaton was allow I $15 per month for office rent for the future. I he usual hills and payrolls were audited and allowed and the council adjourned. i he water from these springs has been tested and found to be free from alkali and other injurious sub stances. The people of Harlowton may therefore feel assured that they will have an abundant supply ot water at all times of the year. The electric light plant will be run in connection with the water plant. The station will be down on the flat south of town, and a spur will be built from the main line of the Milwaukee to the power plant, so that cheap fuel may be had. The construction work will be under the direction of Mr. Frank Goss, of _ Lewistown, Montana, a gentleman who has had a great deal of experience in this line of work, he having been connected with the construction of the Great Falls wat er works system. Mr. Goss also superintended the construction of the waterworks system at Havre, and assisted in building the waterworks system at Lewistown. apparently the delinquent list will be a little smaller than it was a year a K°- There are 3,200 tax payers in the county, and the total assessment is approximately $200,000. By to morrow night the great bulk of this will have been paid in. Numerous claims for a reclassifi cation of lands have been made to the county commissioners, and that body will be busy for two or three days attending to matters connected with the assessment. It is not likely that any changes of importance will be made, however. The prompt payment of the taxes is an indication of the sound financial conditions prevailing in Fergus coun ty, comparatively few being unpre pared to meet this obligation.