Newspaper Page Text
VOLUME V. NO. M.
ROUNDUP, MUSSELSHELL COUNTY, NTAN, FRIDAY, NOVEMBER 29, 1912 »zssss?** % 12.00 PER YEAR IN ADVANCE THREE CONTESTS ME FILED 1$ RESU LT OF BEC EWT ELECTION ELECTION OP OLAF JENBVOLD, ELMER B. CARTER AND FRED REN 8HAW ARE CONTESTED BY THEIR DEMOCRATIC OPPONENTS —ANOTHER TO BE FILED AQAIN8T PARK—COMPLAINT ALLEG ES THAT ENTIRE ELECTION WAS ILLEGAL ON ACCOUNT OF ERROR IN PRINTING BALLOTS—JUDGES OF ELECTION IN EVERY PRECINCT CHARGED WITH MAL-CONDUCT. , , *- ... . * The jury in the case of the state of 1 WRIGHT HARVEY IS NOT GUILTY JURY RETURN VERDICT OF AC QUITTAL AFTER BEING OUT TWENTY-EIGHT HOURS. Montana vs. Wright Harvey returned a verdict of not guilty last Saturday afternoon at four o'clock. The case went to the jury Friday noon, it tak ing hte jury 28 hours to arrive at a verdict. Saturday morning the jury filed into the court and communicated the information to Judge Pierson that they had "agreed to disagree." They were ordered to deliberate some more by the court with the result stated above. f This was one of the hardest fought cases at this term of court, a small army of witnesses, representing nearly every old time rancher in [the county. I I ! I j ; I . I i being called. Harvey totfètber with » . Leonard Kirchoff were jointly, accused,. , . . . :. . . of grand larceny in that they killed a .... . . „ . , r, g -, : beef belonging to Handel Bros, of Mus I . „.. . m selshell. The case against Kirchoff .. . . . . ..... . .. was dismissed in order that he might testify for the state. The case occupied two days of th/** court's time. Fred Hathern of Bil lings, and Carl N. Thompson of this city, were the attorneys for the de fense. County Attorney Desmond J. O'Neil and County Attorney Chas. A. Taylor of Yellowstone county prose cuted the case. As this case was transferred from Yellowstone county, the alleged crime having been commit ted before the creation of Musselshell county, the expense of the case will have to be borne by Yellowstone coun NEW THEATRE OPENS Record Breaking Attendance at Open ing Performance at the Orpheum Theatre Last Night. Long before the doors were thrown open at the new Orpheum Theatre last night for the initial performance a long line had formed from the ticket window down the sidewalk toward Wall's store waiting for the opening of the new picture palace. When the crowd was finally admitted the house was quickly filled and remained filled until the close of the last performance, The program was an exceptionally strong one and was highly enjoyed by all who attended. The musical num bers by the orchestra consistnig of Wm. Bsmay, violin, Miss Edith Cook, piano, and Chic Knapp, drums, was ona of the big features of the evening, Everything bespeaks a prosperous business for the new show house, and the managers aim to keep it up to the standard set at the initial performance to merit the patronage of the people of Roundup. - PRISONER : I Jailer Finally Knocks Prisoner Uncon ecioue In Portland Jail. ! PORTLAND, ORE., Nov. 29—Fred Love is under double guard in the| city prison today as the result of a murderous attack upon Jailer More-! lock. For several minutes, while the ; jailer was locked away from other officers, the drink erased man battled j with the officer finally pulling a long knife and making a lunge at More lock. The latter sidetaepped and knocked the prisoner unconscious. j 88888888888888888! CONFE88E8 TO MURDER BUFFALO. N. Y.. Nov. 29.— District Attorney Dubley an Bounded «here today that J. Frank Hickey, a chemist had confessed to murdering Joseph Josephs, 7 years old. and Frank Kruke,, a newsboy found stran gled in Central Park, New York City, 10 years ago. Jo sephs was choked to death, hia.body being found in a vault at Lackawanna a surburb of Buffalo. 8 ! 8 8 i 8 8 Q. 8 8 81 8 ; 8 ; 81 8, 8t 8, 8 884*4***444888844 As a result of the recent election held in this county there were filed in district court this week three con tests against three of the successful candidates with a possibility that another will be filed within the next few days. The contests already filed are: M. M. Klein vs. Olaf Jensvold, for six-year term county commission er: Wm. N. Taylor vs. Elmer B. Car .iter, county treasurer-elect; E. C. Gavin _ ' . . , , vs. Fred Renshaw, involving the office of county clerk and recorder. The other case which it is expected will be filed tomorrow is that Wm. L. Tillman against K. E. Park over the office of county assessor. The contests are brought on the grounds of irregularities in the elec tion. It is alleged in the complaints that illegal votes were cast, that the ballots used in precinct No. 13, Rye I gate, were destroyed by the judges, and those used in precinct No. 16, La . vina, are being retained by the judges or some unknown person, so that a I recount in those precincts is thus i made impossible. The fact that the .... ballots were not prepared according: . ...... ., f to law in that there were no blank , . : spaces and squares under the name of . . . . . 'each candidate as required by the ... . , . . . .. statutes, is also made a part of the ,.>• , , . _. . , ybmplant The most sweeping alle th/** 10 " in the C ° mplaint8 is one char *' ing the judges and election officers in each and every precinct in the county with mal-conduct in having counted votes for the defendants when in fact they were cast for the plaintiffs. The contest will be determined at a special term of the district court to be held here December 16. Attorney Fred Hathorn of Billings is acting as the attorney for the plaintiffs. The defendants in the contest cases have decided to fight the matter to the last ditch, and will engage the best legal talent in the state with that purpose in view. They contend that they have b en elected to their re- spective offices fairly and honest. It is said that tin plaintiffs are basing heir hopes on the ground that the Rye-! gate ballots were destroyed and that the Lavina ballots have not yet been received here. The judges at Lavina assert that they enclosed the ballots j n the envelope provided for that pur- pose and returned them to the county clerk and recorder. Why they did not reach their destination is not known at his time, but interesting de- velopments may he looked for in this connection. The judge will no doubt order a recount of the ballots and what will be done where the ballots are missing remains to be seen. It does not seem reasonable that the candi- dates should suffer by reason of the acts of any set of election judges. At any rate it must be admitted that the people have expressed their choice and their will should be upheld, There is a rumor in circulation here that these contests are merely steps to have the entire çlection nullified, Below are printed the allegations in detail as given in the complaint of : Klein-Jensvold case, those in the other I cases being identical word for word with the exception of the number of ! votes claimed. "That plaintiff is informed and be lieve8 - and therefore avers, that in each and ever y election precinct in 8aid count >' a number of votes were ; cast for the P |aintiff which were not counted for him. and that he received j a « reat man >' more votes than 593 vote8 - and that he received at least 649 votes but the exact number of which is not known to plaintiff; that j * n eac h of the election precincts in said county, numbered from 1 to 24 in elusive, the plaintiff herein received ! more votes than were counted for bim by the canvassing board, the exact i number now being unknown to the plaintiff; that in each of said election precincts numbered from 1 to 24 in elusive, the canvassing board of said county, as aforesaid, counted -c'oj votes for the defendant Jensvc'-* were actually cast for him - ; election, the exact unmber of v ' ; now not knowon to the plaintiff if said vote, in the precincts had been correctly canvassed turned such canvass and retur have shown that plaintiff receive votes in said county for said offic« the defendant received 541 AST YEAR. SAVED FT.CM MOTH 5 m 4r> G> *9 A 4* COUNTY TEACHERS ' I j j ! IN SESSION HERE ROUNDUP ENTERTAINS 8EVENTY TEACHERS OF THE SCHOOLS OF THE COUNTY. The first teacher's institute to be held in Musselshell county convened at the school house in this city Mon- ay morning with seventy school teach- ers of the county in attendance. Last year Musselshell, Rosebud and Yellow- stone counties held a joint teacher's institute in Billings, but with many ( more teachers represented this year it was thought that tetter results could be attained and better attendance had by holding separate institutes. Much interest was manifested by the teach ers and no doubt much good will ac crue as a result of the institute. The'cisco institute lasted three days coming to' a close Wednesday evening. On Tues day evening a reception was tendered ihe visiti. ,g teachers and instructors j by- the Roundup Civic League. ' '" The first day's session was opened by a lecture on "Some of the Causes of Failures in the School" by Dr. Phil lips. Miss Jones gave a talk on the introduction of the Palmer system of writing. Mrs. Hollister of Butte gave ii very instructive talk on primary work. Eight grade work was the sub ject of Miss Dell's talk. County Su perintendent Maude Griffin was highly complimented by Mrs. Morse, county superintendent of Yellowstone county, who was in attendance, on her work in organizing the first institute in Mus selshell county. Tuesday's program: Lecture by Dr. Phillip* "Suggestion for Interpréta tint, of Human Conduct." Miss Jones, outlines for writing lessons, methods of teaching. Mrs. Hollister, class in struction in primary reading. Wednesdays program: Miss Dell gave some very instructive work to the grammar grade teachers, including ..Hines which she presented the teach ers for future use. Mrs. Hollister gave a practical demonstration of the meth ods she employs in her primary work by instructing a class of children in the presence of the institute. Dr. Phillips talked on promotion, grading of pupils and report cards. He closed the institute with a lecture on Litera ture. Examinations are being held today of ail applicants for teachers' certifi cates. said county for said office, and that plaintiff was therefore duly elected to the office of county commissioner for the six year terrain and for said coun ty at said election. "That plaintiff is informed and be lieves, and therefore alleges, that in each and all of the election precincts of said county, being precincts number ed from 1 to 24 inclusive, more votes were cast for the plaintiff than were counted for him hnd less votes were counted for him hy the judges of elec tion for the said precincts, the exact number of votes so cast and not count ed for plaintiff and counted for defend ant. but not cast for him, is now to the 'n intiff unknown, but that if the votes in said precincts were correctly ed it will result in giving plain - majority of the votes cast at that t ion for said office. 'Plaintiff is informed and believes, and therefore alleges, that at said elec '~*»"in each and all of the election pre — ■ • ---- ' ' Continued on page t.) I , : TYPHOON SWEEPS PHILLIPINES 15,000 PEOPLE KILLED AND IN JURED BY STORM—TOWN DE STROYED. SEATTLE, WASH., Nov. 29.—Wire less messages picked up at stations along the Pacific coast this morning say 15,000 persons have been killed and injured in a typhoon that swept the Phillipine Islands and the sea of Japan. Five thousand are said to be dead. The bureau of insular affairs at Washington received a cablegram verifying the information. The storm crossed the island of Samar. Leyte and North Panay, practically destroy ing the town of Tacloban capital of Leyte. Anxiety is felt at San Fran The'cisco for the liner Manchuria, WASHINGTON, Nov. 29.—Despatch es received here today confirm the report of the destruction of the ty phoon which occurred in the Phllli Opines causing great loss of life. The« town of Tacloban, the capital of Leyte. was practically destroyed. Enormous fatalities occurred at Capiz, the capi-, tal of the province of Capiz, but no de Leyte has a popu HILL LINES WILL BUILD TO GRASS RANGE AT ONCE tails were given lation of 14,000. - Gr * at Northern Calls for Bids cn Grad ing of Line East of Lewistown for a Distance of 32 Miles, _____ That the Great Northern intends pu8hing the construction of its New Kot . kfor d-Great Falls cutoff between Lewistown and that, section of the work now under C0n8 t rHC ti o n in the ex treme ea8tern |)art of l)aw8on county has been mad „ evident from the fact , hat chief EnB j Ilee r A. H. Hogeland ha8 called for bld8 lo be received in st Fau , th „ latter part of this m(mth for a 8tretch of the road extending east of Lewistown for a distance of 32 miles During the present week this portion of t, be 8urve y ba8 been personally ex amlned bv Chas . Kfolliott, a member of tbe big ra ji road building firm of A. r , uthrie & Co „ with a view to placing a bid. Mr. Ffolliott spent Monday and Tuesday going over the survey return ing to this city on Wednesday and leaving for St. Paul that evening. The completion of the Moccasin Lewistown branch into Lewistown, the rails having been laid into Lewistown Wednesday afternoon, will permit, of the hauling in of materials for this por tion of the new line and it is expected that construction work will be com-1 menced as soon as the outfits ran be placed upon the ground, probably ear-j ly in January. This part of the survey runs almost directly east from Lewistown, much of It being on the North Fork of McDon aid creek to the town of Grass Range to which point the Milwaukee is now completing the grading of its Melstone line which was partly graded a couple jears ago. From this point it is under stood that the Great Northern will parallel the Milwaukee down McDon ald creek altho it was announced some months ago that be two roads would build a joint line down that creek. Upon this stretch of the Great North 'ern there are two long tunnels to be I bored, one about 3,000 feet in length and the other about 1,000 feet, but will , probably require a year's time to com : plete. • PRISONED CONFESSED TO HIVING SET FIRE TO TOWN OF HELSTOHE JAMES WILLIAMS. SERVING A SENTENCE OF SIX MONTHS IN THE COUNTY JAIL, CONFESSES TO AUTHORITIES TO HAVING SET FIRE WHICH DESTROYED GREATER PART OF MELSTONE LAST AUGUST—WISHES TO PLEAD GUILTY TO CHARGE OF ARSON AND TAKE THE PENALTY. James, Williams, a prisoner in the county jail, who was sent up for six months August 31st for stealing goods' at the time of the Melstone fire, Wed-j ncsday night confessed to Deputy j Sheriff Sam Young and County Attorn-1 ey Desmond J. O'Neil that he had set the fire which caused the destruction of the greater part of Melstone. The matter has been gnawing at Williams' conscience ever since he committed the crime, and it was in order to re ; ieve himself and ease his mind that he decided to tell the truth and take the penalty imposed hy law. In his con fession he stated that he lias a mania for setting fires, and that in seating the town of Melstone afire he had no other purpose or object in view than the pleasure of seeing the blaze. Wil liams is a trancient in the country and not much is known about hint here, lie was arrested at the time of the Melstone tire for steuling some goods that were removed from the stores, it not being suspected that he hud any thing to do with the setting of the fire Following the fire many wen- of the opinion that it was of incendiary orig in but no motive could be ascribed for anybody doing so. The confession clears up the whole mystery, and will no doubt be a relief to the inhabitants of Melstone. Williams will be arraigned on an information tomorrow. County Attor ney Desmond .1. O'Neil being out of j the city today. The prisoner has ex pressed his willingness to plead guilty o a charge of arson. He will no doubt be sentenced immediately after «'titer ing his plea. The statutes of the state of Montana provide a penalty of live years imprisonment in the state peni of J. | j - MILITANT SUFFRAGETTES CREAT *NG TROUBLE IN LONDON-USE t»-litiary for lirsl degree arson. LETTER BUAËS ARE UNDER GUARD ACID TO DESTROY LETTERS a LONDON, Nov. 2r. As a re: nil of acid depredations hy ...illa.il suffra-j geltes every letter box in the eity of! London is under guard today. It is reported that acid thrown into the boxes yesterday destroyed letters con taining large sums of money. The suffragettes declare it is their inten- 1 lion to renew the campaign when the [ vigilance of the police is released. YOUNG GIRL FOUND DEAD Sweetheart is Held Pending Investi gation—Carried on Clandestine Courtship. ' - j SAN JOS7E, CAL., Nov. 29.—With historical pageants for children de PORTLAND, ORE., Nov. 29.—After being found in an arbor at the rear of her home in a comatose condition from the effects of carbolic acid, either self j administered or forced down her ! throat. Miss Maud Schmidt, a pretty young woman of 24 years, is dead here today. J. F. Carrera, her sweetheart, ' nearby when the tragedy occurred,] and who says he was the first one to! find the girl, is being held by the police. They had been carrying on a clandestine courtship because of the j objection of the girl's parents to Car-'names rera. SAN JOSE CELEBRATES 1 picting phases in the history of the city, San Jose began the celebration jof her 135th birthday toduy under the direction of a committe of Native Sons ! and Daughters. ROUMANIA MOBIL IZE8 TROOPS ♦8888888888888888 8 8 8 ♦ 8 8 8 8 8 8 8 PARIS, Nov. 29.—Bucharest dispatches today say Roumania is concentrating troops on the Russian frontier and that a general mobilisation has been ordered. This is regarded as indicating that Roumania pro poses to help in the event of war. 8 8 8 888888888 ♦j 8 ♦I 8 : 8 . 81 81 81 8 ''**888 TWO ACQUITTED OF SERIOUS CHARGES JURY RETURNS VERDICT OF NOT GUILTY IN CA8E8 OF TWO YOUNG MEN. James McCunn and W. Green, two young men who were tried in district court this week on separate charges of statutory rape, were acquitted. The McCann cuse was tried Monday and the other one was disposed of on Tuesday. County Attorney Desmond J. O'Neil hud charge of the prosecution of both cases, while Attorney Duffy of Anaconda defended McCann, and At torney G. J. Jeffries of this place was the defendant's attorney in the second case. A large number of witnesses were called and examined, the publie being excluded from the court room during the course of these two trials. Edna Kelso, principal witness for the stute, who is now an inmate of the House of Good Shepherds of Helena, was brought down to testify for the state. VERDICT FOR N. P. RAILROAD Suit over Possession of 8trip of Land Results in Favor of Railroad Company. The suit commenced by the N. P. Railway Company against Emma Jens vold to quiet title to a certain strip of land near the experimental station norlh of Roundup was tried in district court Monday, the verdict, being favor able to the plaintiff. The case involv ed about 2d acres of land claimed by he defe.idanl. as pari of her homestead The differences between the purtieg arose over at. error In the survey of Hie section in which the land is locat ed. The land in question was part of a tract recently purchased hy Hamil ton Wright and George McCleary from the N. I'., and the suit was instituted by the company to clear the title. It is understood that the defemlnnt will appeal the ease to the supreme eourt. MUST RE-REGISTER IF YOU DID NOT VOTE where the Voter Fail* to Cast Ballot, 1 the Name is Struck off the Big [ Register, _ The several hundred or more citi zens of Musselshell county who failed to exercise their right of franchise at the recent election will be disbarred from voting hereafter unless they reg ister again. The law provides that where a reg istered voter fails to exercise his right he is no longer considered as having j that privilege unless he reiterates his ! declaration. He can correct the error, Or mistake, of not going to the polls and voting by re-registering; other ' wise, he wilt have no vote, The result of all this is that an entirely new register will have to be prepared the ensuing year. The men who voted at the lust «lection are duly j redited with this public duty and their Car-'names will simply be transcribed in the new registry book, while those who did not vote at the late election must register again before they can vote. It is generally believed that the pro visions of the law in regard to registra tion were not understood by those who ^' ded to vote at 1 0 a8 * ®* e( on, ot er wiHe there havf> n a VHte a " d a diff '' r< ' nt resu • M • °'" r * ! t ') rer . t __ 8 ® er a ^* * a electors who failed to exercise the franchise at the last tration would hold good indefinitely will be unde ceived when they undertake to vote In the future, unless they again place their names on the big register at the court house. . social ion of Colleges and Preparatory Schools of the Middle States ant EDUCATORS IN CONVENTION PHILADELPHIA, PA., Nov, 29.— The 26th annual convention of the As Maryland began here today under the auspices of the University of Pens sylvania. Addresses will be delivered by « number of prominent educators.