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The Glasgow Courier
vol . xv. GLASGOW, VALLEY COUNTY. MONTANA, AUGUST-fr-1919. NUMBER 15. GUILTY WITHOUT TRIAL IN ARTICLE BRISTLING WITH MALICE AND HA TR^ VALLEY COUNTY NEWS BRINGS IN VER DICT iX/UILTY AGAINST THE SEVERAL VAL LEY COlf^v CITIZENS INDICTED BY GRAND JURY; TAh % STAND THAT ALL ARE GUILTY UNTIL PROVE. NNOCENT CONTRARY TO EV ERY DECENT PRINCIPLE OF AMERICAN CITI ZENSHIP. DISREGARDS LAW AND REQUEST OF COURT Sits in Judgment Upon Every Case at Issue and Returns Verdict of Guilty Without Granting Accused Privilege of Trial—Openly Endeavors to Influence and Prejudice Public Opinion and Minds of Men Who Are Likely to Be Called Upon to Act as Jurors in the Different Cases— Would Even Deny the Accused Right to Employ Coun sel and Virtually Claims That an Acquittal Would Be the Result of Distorted Facts and Clever Lawyers. One of the most unwarranted and venomous attacks upon citizens of this or any other county appeared in the Valley County News last Friday when the editor of that paper, taking upon himself the duties of both judge and jury, brought in a verdict of guilty against the men who were indicted by the recent grand jury. Premeditated malice, bias, prejudice and plain mean ness are outstanding features in an article dealing with the recent indictment. Every decent precedent is shattered ; every sense of fairness disgraced. Charging, assuming, convicting, the local organ of spite blackens characters with abandon and assures its readers that accusations are proof of criminality and that charges of crime mean nothing less than conviction and blighting of lives. Unfair, unjust, deceitful, he says "Guilty as Charged" and would even deny the accused the right to employ com petent counsel. The law says quite plainly that every man accused of crime is innocent ; and that innocence is clear and without prejudice until such time as the accused may be found to be guilty. In determining the guilt or innocence of an accused person every safeguard is thrown around him by the court. He is entitled to a fair and impartial trial by a jury of his fellow-citizens; he has a voice in the selection of that jury ; he can challenge pre-emptorily members of the jury panel, thus having excused, without giving cause or reason, a certain number of talesmen. He is entitled to counsel to look after and conserve his interests. In the event that he is unable to secure coun sel bv reason of poverty or for any other reason it is clear ly made the duty of the judge of the court to appoint, at the expense of the state, suitable counsel so that the inter ests of the accused shall not suffer, whatever his station and whatever his financial condition. Here, for instance, are the identical instructions re quired by law to be given by a judge in his charge to a jury in the trial of a person accused of crime : "You are instructed that the defendant comes in to court protected by the presumption of law that he is innocent of any crime, and particularly the crime charged against him in the information. The defend ant is presumed to be innocent until his guilt is estab lished to a moral certainty and beyond a reasonable doubt. This presumption attends him at every step and throughout the entire case and to its benefits he is entitled upon every question of law and fact. That he has been suspected and charged with perpetration of a crime does not in any degree tend to show his guilt or remove from him this presumption of inno cence which the law throws about him. The informa tion in this case is only a formal, written accusation of crime required as an essential preliminary to a trial but in itself is not any evidence of a crime. It is mere ly a formal charge for the purpose of putting the de fendant upon trial and should not influence you in ar riving at your verdict; nor should it be allowed to in any way prejudice you against the defendant, but you should determine his guilt or innocence by a careful consideration of all of the evidence introduced in the case during the trial. "It is incumbent upon the state to prove every ma terial allegation of the information to your satisfac tion belond a reasonable doubt. "In case of a reasonable doubt whether defend ant's guilt is satisfactorily shown, he is entitled to ac quittal." These things are clear, they are fundamental, they are not at all new, nor are they peculiar to this great country. Magna Charta, the great bill of rights, forced from an early English king, had these provisions, and our consti tution only follows the lines laid down in that document of liberty. It is quite improbable that anyone will seriously crit icise these provisions, so long established and so universal (Continued on page 4) GLASGOW AGAIN WINS FROM WOLF POINT Locals Win Decisively by Scote of 8 to 3—Dippold Stars at Bat, Mak ing Two Home Runs. a Glasgow trimmed the "Wolves" again last Sunday on the local dia mond to the tune of 8 to 3. The game was called at 3 o'clock and was played before a large crowd of spectators. Wolf Point was easily disposed of in the first inning, while Glasgow ran up a total of four scores. Tweedy, the first man up, reached first on an error, Hester was likewise safe on an error, Tweedy going to second. Pet ers hit safely, scoring Tweedy and Hester, Dippold knocked the first ball pitched over the left field fence for a home run, scoring Peters ahead of him. Fitch was hit by a pitched ball, and Reynolds hit into a double play, Greenburg reached first on an error and Beckler went out, Kline to King. In the second inning the "Wolves" were retired in order and Glasgow scored three more runs, Lyle, first man up, went out King to King, Twee dy was given a base on balls, Hester was out, G. Eastman to King, Peters hit safely, advancing Tweedy to sec ond, Dippold again hit the first ball pitched over the fence scoring Tweedy and Peters ahead of him. Captain Eastman then took pity on his new pitcher, who was in great distress by this time, and called in Kenneth King to pitch, Chouinard being shift ed from right field to first base and Shonkenberger taking the right gar den. King struck out Fitch, retir ing the side. Neither side scored in the third, and in the first half of the fourth Cap tain Eastman, first man up for the "Wolves," knocked the ball over the left field fence for a home run, after which the three following men up were retired in order. Neither team scored in the fifth. In the first half of the sixth the "Wolves" were not at all troublesome; in their half Glasgow scored once on a home run by Hester, the fourth home run of the day. In the seventh Wolf Point made one run on a two base hit by Chouinard and a sacri fice by King. Both sides were retired in order in the eighth and in the ninth Wolf Point made a faint attempt to try and over come Glasgow's lead. Kline, the first man up, hit safely, Reynolds robbed Kandier of a hit, Bernes hit for three bases, scoring Kline, Chouinard struck out and King was retired, Peters to Beckler. Lyle pitched his usual steady game for Glasgow, while King twirled an excellent game during the time he was on the mound, allowing but three hits in seven and one third innings. Lund of Brockton umpired the game and gave very good satisfaction. The box score: Glasgow— AB Tweedy, 2b 4 Hester, ss 4 Peters, c 4 Dippold, If 3 Fitch, 3b 2 Reynolds, cf 3 Greenberg, rf 4 Beckler, lb 4 Lyle, p 4 Totals 32 8 7 1 Wolf Point— AB R H E P. Eastman, 2b 4 0 0 1 G. Eastman, ss 4 12 2 Kline, 3b 4 12 0 Kandier, c 4 0 0 0 Bernes, If 4 0 10 Chouinard, rf, lb 4 110 K. King, lb, p 4 0 0 0 Grace, cf 4 0 0 0 Schenkenberger, rf .... 3 0 0 0' M. King, p 0 0 0 0 Totals 34 3 6 3 RESULTS SALVATION ARMY HOME SERVICE DRIVE The results of the Salvation Army home service campaign that was held in the county recently are as follows: Total subscriptions $970.65 Subscriptions by districts: Glasgow $349.00 Hinsdale 167.00 Vandalia 40.00 Beaverton 3.00 Frazer nothing Avondale nothing Nashua 130.30 Opheim 62.50 Glentana 54.00 Oswego 45.00 Baylor 10.00; Coleman 26.00 Thoeny 2.00 j Tampico 9.00 I Roanwood nothing i Coal Creek 2.50 g arr nothing Tobison 6.00 Lus f re nothing ! . Gram nothing Ossette nothing West Fork nothing Tande nothing Lismas 12.00 Eighth Point nothing Ninth Point nothing | Genevieve 11.95 Barnard nothing Paisley 28.25 Whatley nothing Wiota - nothing Badger school 11.15 Buggy Creek 1.00 Wendell nothing HINSDALE FARMERS MEET TO FURTHER IRRIGATION An organized effort is being made to further irrigation around Hinsdale. At a recent meeting of interested par ties there it was decided to place be fore the reclamation service and con gress the necessity for immediate ac tion in the matter of getting water upon the land wherever possible in that section of the Milk River irriga tion project. Later a delegation of Hinsdale cit izens went to Saco to enlist the sup port and co-operation of the residents of that community and committees in both towns are now actively engaged in the work as a result. They will canvass the territory which it is proposed to irrigate and secure the signatures of the land own ers and forward them to the reclama tion service to be placed in the hands of the secretary of the department of the interior. There are thousands of acres in the Milk River valley which can be irri gated in that section, but heretofore no organized effort has been made to bring about such action. JOHN H. HALL DIES AT PORTLAND. OREGON Former Railroad Commissioner Passes Away After a Lingering Illness —Great Shock to Friends. 1 1 2 0 0 0 0 0' 0 3 Helena, Mont., August 13.—John H. Hall, formerly a member of the state railroad commission, died Tuesday morning in a hospital in Portland, Oregon, where he had gone for the benefit of his health, according to- a message received by his daughter, Dor is, from her mother - , who was with him when the end came. Mr. Hall had been in failing health for some time, but his condition had not been such as to cause alarm to his friends, and word of his death came as a great shock. The body will be brought to Helena for interment and the services will be in charge of the Masonic fraternity, of which he was a high and honored member. He is survived by his wife and two chil dren, Doris, a daughter living in Hel ena, and Cleveland, a prominent nor thern Montana attorney, located at Havre. Funeral arrangements here will not be completed until further word is re ceived from Mrs. Hall, who is bring ing the body east, The deceased had been a resident of Montana for the last 30 years. With the construction of the Great Northern railroad he went to Great Falls as a conductor and for years was one of the best known railroad men in that city. He was a passenger conductor between Butte and Great Falls and between Great Falls and Havre. "While not aspiring to public office he was an ardent democrat and took an active interest in the affairs of his party and in the work of the railroad brotherhoods. As a result in 1909, Governor Edwin L. Norris appointed him commissioner of agriculture and labor, succeding J. A. Ferguson Missoula, March 4, 1909. In 1912 he became a candidate for railroad commissioner on the demo cratic ticket and was elected for a term of six years. During his incum bency the commission witnessed an enormous growth in its duties and en largement in its work. Part of his term he served as chairman of the young man he took up railroading and rose rapidly to be a conductor, which vocation he followed until called into the public service. —-— CHAUTAUQUA OPENS HERE NEXT TUESDAY The Glasgi of board. He left the commission the : first of January, 1919. John H. Hall was born in Toronto, I Canada, February 17, 1863. When a hautauqua season opens in • next Tuesday in the big tent ! opposite the great northern depot. ! The sale of season tickets had start | ed satisfactorily the first of the week and it is hoped that the people of the community will very generally have taken tickets by the time the first program opens Tuesday after noon. Tickets are on sale at a num ber of business houses about town ) and for anyone who plans to attend 1 a number of programs are much cheaper than single admissions. Sea son tickets before the opening hour ! wil1 cost on 'y $ 250 and the sin £ ,e aci " — on | an £l es * missions total $6.30. The chautauqua program this year comes with strong recommendations. The lecture numbers are said to be especially strong. The questions of the day will be discussed from many ORPHEUM THEATRE MAKING EXTENSIVE IMPROVEMENTS The Orpheum theatre is undergo ing some extensive improvements at the present time. The management has recently ordered a new motion pic ture machine of the latest model, new imported lenses and a Minusa gold fibre screen. The screen is being built to special order to fit the theatre and will improve the pictures 100 per cent. The huge exhaust fan installed sev eral weeks ago has proved to be a big success, the air in the theatre be ing pure at all times, as the exhaust fan changes the air every three min utes. Manager Robbins stated that he will continue using the fan during the winter months for the purpose of keeping the air purified and reducing to a minimum. the possibility of contagious disease a a ASSEMBLY SESSION CONCLUDED MONDAY Higgins' Five Million Dollar Bond Is sue Bill for Drouth Relief Killed —Two Judges Added. The extraordinary session of the Sixteenth legislative assembly of the state of Montana adjourned sine at 9:45 o'clock Monday evening. The closing day was marked by the pas sing of a bill creating two new mem bers on the supreme court and naming George Y. Patton of Bozeman and Judge John Hurly of Glasgow as two new justices. In the house closing hours were marked by an fort on the part of Ronald Higgins Missoula to pass a bill providing a bond issue of $5,000,000 for the ben efit of farmers in the drouth-stricken area, but he fell shy three votes. During the late afternoon session the house passed S. B. 36, increasing the pay of the state railroad commis sioners $1000 each annually, an 1 B. 29, by Booth, shortening the time for filing arguments under the ini tiative and referendum law. The following is a full resume what the session passed: Drouth relief extending food, nec essities and feed to farmers, two more justices of the supreme court, defer ence of payment .\f loans on state lands and lease; road work, by state and county projects with preferences to dry land farmers; a closed primary, a state irrigation commission; exten sion of time for paying seed grain loans; referendum measure for an ministration board for state offices; creation of a trade commission to reg ulate and fix prices; ratification of suffrage amendment; taxes on inheri tance and private car companies; straightening out the metropolitan lice law, are among the big measures which were passed by the extraordin ary session of the Sixteenth assembly which closed 14 days of work Monday evening. In all, a total of 58 measures were ! passed that evening. The senate sent up 10 bills and 13 memorials or reso lutions. The house sent up 18 bills 17 memorials or resolutions. The sembly was in session just 14 days 2,300, an average j and cost the state ! of $3,216 a day. Among the major ( subjects which had been handled and disposed of the passage of bills was one provid J ing a means whereby relief to needy j farmers might be accorded through a of j the medium of the several counties acting through their county commis sioners with the right to call special elections upon short notice for the creasing of county indebtedness the event the funds required to ceed $10,000, and still another which employment for farmers might be furnished upon highways by counties or the state highway com mission without the necessity a awarding contracts. The presidential primary election law was repealed and the general mary law was amended to the tent that the closed primary was adop ted together with the rotation system of printing names upon the ballots. In line with the fight against profiteer a bill was passed making the railroad commission ex-officio in ! Montana trade commission with ; power to regulate prices of commod j ities. The equal suffrage amendment ' to the federal constitution was rati fied and, among other resolutions JUDGE HURLY CHOSEN MEMBER SUPREME COURT GLASGOW MAN APPOINTED TO HIGHEST TRIBUN AL IN STATE BY GOVERNOR STEWART; APPOINTMENT RATIFIED BY THE LEGISLATURE. a he of memorials passed, was one urging the president to use his good offices in bringing about the recognition of the provisional republic of Ireland. Is PIONEER MURDERED BY FERGUS COWBOY Lewistown, August 8.—Investigation completed by the coroner and other of ficials tonight shows that William H. Flannigan, a pioneer prospector and rancher of the Gilt Edge country, was shot and killed at 9:30 Wednesday eve ning at the Flannigan farm by Jo seph Jocques, aged 19 years, who had been working on a neighboring ranch. It seems that Jocques had planned to get one of Flannigan's sons to go away with him but was rebuffed and going onto the farm last night, he fired a shot at the boys, who were in the field. Mr. Flannigan was returning from neighbor's and running to where Joques was standing by his horse, hit him over the arm with a hoe han dle and ordered him from the place. Jocques shot him through the heart. Jocques verifies these facts except that he says he did not intend to hit Flannigan when he fired. He will be charged with murder in the first degree. MISSOURI RIVER LOWEST IN NUMBER OF YEARS Within the memory of the oldest settler the water in the Missouri river is the lowest at the present time than it has been within many years. At many points it is possible for a man to wade across the bottom and at some places teams have been driving across for a week or so. The ferrys are run ning at the principal towns, but they are having trouble and may be forced to shut down at any time. The Poplar ferry is operating but with difficulty because of the sand bars. Below the Poplar ferry near the Curran ranch it is possible to wade the river. For the past two weeks teams have been driving across at a point between Poplar and Macon. The river is said to be correspondingly low all points between Poplar and the Dakota line and west beyond Glasgow. RECENT RAINS IMPROVE RANGES AND LATE CROPS Rains fell in all sections of the state during the week with the re sult that the water holes have been filled, the ranges improved and pros pects for late planted crops more fa vorable. In most of the counties all small grain has been harvested and threshing had been started. Livestock B'lipments continue but they have drop ped off as compared with the preced ing week due to the improved range conditions. The second cutting of al falfa is under way in most of the coun ties and the yield is reported good and the quality excellent. Rains have helped the corn crop and in those counties where there is a considerable acreage it will afford a considerable amount of forage. ANDREW CARNEGIE DIES AT HIS SUMMER HOME Steel Magnate Succumbs After Illness of Less Than Three Days With Pneumonia. Lenox, Mass., August 11.—Andrew Carnegie, steel magnate and philan thropist, died at his Lenox summer home, "Shadowbrook," at 7:10 morning after an illness of less than three days with bronchial pneumon ia. So sudden was his death that daughter, Mrs. Roswell Miller, unable to get to her father's bedside before he died. His wife and private secretary were with him at the end. Mr. Carnegie had spent most of summer at Lenox( coming late in May, and up to a few weeks ago enjoyed himself in fishing trips on Lake Mah keemae, which borders his big "Shad owbrook" estate, and in riding about his grounds. Mr. Carnegie came to Lenox to make his home in May, 1917, and had spent the last three summers here. He tended to spend his declining days his country home here. He came from New York late in May this year. Mr. Carnegie leaves his widow, was Miss Louise Whitefield of York, and his daughter, Margaret, who married last April Ensign well Miller of New York. John Hurly, judge of the seven teenth judicial district, has been ap pointed judge of the supreme court by Governor Stewart. In a special message to the state senate Monday morning Governor Stewart nominated Judge John Hur ly of this city and Attorney George Y. Patton of Bozeman to be members of the Montana supreme court. Judge Hurly was named for the short term, ending the first Monday in January, 1921, and Attorney Pat ton for the long term ending the first Judge John Hurly Monday in January. 1923. The ap pointment was confirmed by both branches of the legislature. Judge Hurly received word of his appointment Monday evening and it came as a complete surprise to him as he had not the slightest conception that he was being considered for the position. By becoming a member of the su preme court Judge Hurly has attain ed the highest honor that could be paid to a member of the bar in. this state and his many friends will be pleased to learn that his ability as a jurist has been recognized. STATE METAL WORKERS fALK OUT TUESDAY Over a Thousand Men on Strike at Butte, Anaconda and Great Falls —Electricians Not Out. Butte, Mont., August 12.—Members o fthe metal trades unions in Butte, Anaconda and Great Falls left their jobs at the mines and smelters at noon today, following a vote not to accept the compromise offer as to wages and working conditions agreed to last week by the management of the Anaconda Copper Mining company and the ex ecutive committee of the Metal Trades Council. The committee agreed to recommend the acceptance of the of fer, but the men voted it down. J. F. O'Brien, president of the State Metal Trades Council, said today that about 600 men had gone out in Butte; that he understood 350 had quit work in Anaconda and about 100 in Great Falls. All crafts, including miners and mill and smelter workers, togeth er with the carpenters, are working today as usual in the mines and re duction plants, having accepted the two-year contracts with the company. The Butte electrical workers, last night, by a vote of 36 to 19, decided to remain at work for the Montana Power company, which is not affect ed by the strike that went into effect at noon today. Great Falls, August 12.—Metat trades workmen including mechanics, electricians and boilermakers of the B. and M. smelter of the Anaconda Copper Mining company went on strike at noon today, about 200 men stepping out of jobs. Announcement was made immediately by local smelter officials that the smelter will continue to run. There is a quantity of copper on hand, it is stated, and as long as copper comes from the Butte mines the local plant will continue to operate. All workmen excepting the metal trades crafts are said to be satisfied with the new wage agreement which grants them a raise of $1 a day. GEORGE BURKE RETURNS. George F. Burke returned to Glas gow Monday morning after an absence of nearly two years, most of which time was spent in the aviation section of the army. His many friends will be pleased to learn that he again will make Glas gow his home.