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* The B an Courier • ' _ -1SLL-— J— I. ■ 53rd. YEAR BOZEMAN, MONTANA, WEDNESDAY, OCTOBER 31, 1923 NUMBER 46 NO CONVICTIONS WERE SECURED IN ANY LIQUOR VIOLATION CASE JURY BRINGS IN VERDICT OF ACQUITTAL IN FIRST THREE TRI \LS IN FALL TERM OF DISTRICT COURT, AFTER WHICH COUNTY ASKS FOR DISMISSAL. County to Save Money DEFENSE INTRODUCES TESTIMONY TENDING TO SHOW THAT THE STATE PROHIBITION OFFICERS WERE INTOXICATED AT THE TIME OF THE ARRESTS AND THAT THE CONFISCATED MOON SHINE WAS NOT THE PROPERTY OF THE ACCUSED PARTY OR PARTIES. As the result of an indisposition the part of the jury sitting in district court before Judge Ben E Law in criminal actions brought by the state against men charged with the violation of the prohibition laws, to bring in verdicts of conviction in the first three cases brought up for trial last Saturday and Monday and Tuesday of this week, County Attom E. A. Peterson moved the court, at the close of tho session Tuesday afternoon, to dismiss the cases against five defendants whose cases had been set for trial during the remainder of this week. The court granted the request of the county attorney* who explained that in view of the circumstances and the feeling which is in evidence at this time, it would be an unnecessary loss of time and money on the part of the county to continue with the pros ecution of the remaining liquor cases on the calendar. Those against whom the charges were dropped and their cases nolle pressed, were: Charles Huffine, P. C. Poynter, Charles Gross, Geo. H. on ey and Jack Johnson. Tuesday's Trial The third case to result in an ac Mystery of the Missing "Moon 99 How a gallon of w'hat had at one time been honest - to - goodness moonshine, or "white mule," con tained in a glass gallon jug, and possessing a nice, faint yellow caromel or charcoal color, and test ing 110 proof by a regular hydro meter test, could change into a slough-water color and drop from 110 proof to 50 proof, in proof measurement, while wine-gallon measurement remained the same, is a problem that is confronting Sheriff Jim Smith, who says he thinks he knows, but won't give out the alleged culprits' names for publication. Lo Gamer, the state prohibition enforcement officer, testified in district court Monday that he had bought the "likker" last July from a well-known local resident, who denied the charge and who was ac quitted by a jury, all of which is immaterial, irrelevant and in no way hearing on the case in question, except for the purpose of establish ing the foundation for a possible # ■# V The "likker," which had been of ficially sealed by the sheriff at the time of the arrest, was turned over to the court and was used as evidence in the trial Monday. In order that the stuff be properly identified and made a part of the district court records as "Exhibit A" in the trial, the seal on the jug was broken, and the stuff "whiff ed" by Sheriff Smith who, while he don't drink whisky, has a keen smeller and identified it by its strong, ungent, and high-proof smell. . When the jug was handed to Under Sheriff Orville Jones yes terday morning in the courthouse, he noticed the change in color and, after the sheriff had put it to the hydrometer test, it was found wanting just 60 points on the indi cator, the missing proof having evidently been replaced with ordi nary aqua pura taken from the old city reservoir, which rumor says has not been cleaned out for sev eral years. The questions is: was the stuff so strong that it just merely eva porated over night under the in fluence of the warm Bear Creek atmosphere in the courthouse, or did it one guess is just as good as an other. » * /• V i 4 . . but then v* ... quittla verdict by the jury was that <of the State against Milton D. Hall, William T. Morelli and Emmett Burke, three young men from Hel ena. who were on trial Tuesday on the charge (rf having intoxicating liquor in their possession, the Original charge of transporting liquor having been dropped. The three men, all of whom come from good family :n the Capital city and who we're merely on a lark in connection with a camping trip they intended to take to Yellowstone park, were arrested during the time of the Roundup, at the Davis dance hall, by Sheriff Jim Smith, whom they accos ted on Main street and to whom they offered a drink from one of their jugs because they happened to see a fraternal watch charm worn by the county official. When asked by the defendants' attorney, Frank Metier, of Helena, if it was not coustomary for "one Bill to offer a drink to anothefl Bill?'' the sheriff replied: "Perhaps it is; but I didn't happen to be that kind of a Pill." Mr. Metier was assisted in the defense by At torney George P. Patten of this city, city. The contention of the three men was that they had stopped their car, on the night of August 3, some place east of Three Forks and helped pull the car of two tourists out of a ditch The men who had been in trouble pressed their gratitude by offering the Helena men drinks, several of them, from a gallon container. Ac cording to their story the occupants of the two cars separated, and it not until the Helena men were (Continued on Page Six.) ex was ap POUCE COURT TRIES Ciïï LICENSE C ASES ABOUT 46 DEFENDANTS TRIED FOR NON-PAYMENT OF CITY BUSINESS LICENSES As the result of an all-day session before Police Magistrate Erastus Williams on Monday, about 46 defend ants were tried on the charge of re fusal or failure to pay the city license tax imposed by the city administra tion as a measure to provide funds for police protection. Nearly every line of business in the city was represented by one or more of the arrested men, all of whom are opposing the imposition of the license on the grounds that it is double taxa tion for revenue, and not justly and equitably apportioned. A test case was recently made in police court in favor of the defend ants, but this was later overruled by the supreme court on the sole ground that it was designed for police pro tection expenses and therefore collec tible. The defendants were represent ed in Monday's trials by Attorney W E. Keeley, of Deer Lodge, while City Attorney Walter Aitkin represented the city. The cases against Hugo Anderson, J. H. Mimmack and J. P. Peterson were dismissed by the magistrate aft er they testified under oath that they were not engaged in any business dur ing 1923. The following business men were found guilty by the court and ordered to either pay a fine or serve ten days in the city jail, all of them, however, appealing and being released under bonds: W. T. Hogg, Ira Kindig, Dan Kachi kas, A. D. Williams, C. B. Goodrich, M. J. Merkt, R. W. Noe, J. A. Old aker, W. W. Reeder, O. O. Olson, A. Anderson, H. H. Trent, H. Keyser, Seth Bohart, J. J. McCay, O. J. Gray, J. F. Hardesty, Hays Hardesty, W. Hicks, C. W. Wey, B. A. Shookman, C. A. Morton, E. J. Johnson, John Kamapos, F. W. Machemec, H. A. Smith, F. R. Pike, Carl Figgins, W. A. (Coninued on Page Seven.) f 'ViV-rt,. ■ Rciiot ml|sast^s 2. fefetVVU \ t ici ans ' -V ,v; , x . I/ Ä v 4 à.. à i -rsivv,y.-. a 11 h N il r^inir Service live Injurrea I n v t r u e .t » « n are of;? 1 •iv ! n » xm 4. PuHii-m 5. F if SI - ■ -■ t\ i ci -i r o vy OVA 7; Hrimc Hv^tene and C 6 e / . Se r v v e e S ■ v • . *y A' X&rïi ■ 8. N U t$j' t » O n v 0. AmericanJunior Red Gro^ A à f i rYour' Member thi A Dollar . i C if j i 7 / Can you think of any better way to use a dollar? Red Cross Roll Call November 11th to 29th Join or Renew Your Membership DANNERMAY APPEAL SAYS JUSTIN SMITH Judge Ben B. Law, in district court, announced that he would postpone the j setting of the date on which the ver- j dict of the jury in the Danner murder trial would be officially accepted and the actual date of the hanging fixed on the records until the morning of Saturday, November 10. This action of the court was done to permit Attorney Justin M. Smith, counsel for the condemned man, to prepare an appeal from the decision of the district court jury for presenta tion to the state supreme court in Helena. When asked about the possibility of an appeal in the Danner case, Mr. Smith stated the law provides the ma chinery of the supreme court to hear cases of homocide in which a con demned man is entitled to the bene and wouId 50011 be P ut ' m P rocess of presentation to fche P r °P er tribunal, mit of a reasonable doubt, or where any other legal technicalities or in consistencies may have had an ad verse effect upon a jury. He stated that the matter of an ap peal in the case was in contemplation . A Musical Treat for Bozeman Of particular interest to the music loving people of Bozeman and Gallatin county, comes the announcement of the presentation, Friday evening, Nov. 2, at the Ellen Theater, of the first number in a course of three exception ally fine musical programs fostered by the Bozeman Woman's club for ap pearance in this city during the com ing season. All three programs are of the very highest class, and are only made pos r sible to the people of communities the size of ours through the public spirit and generosity of practical philan thropists in the eastern metropolis, many of whom are now agreed that the pursuit of happiness can best be achieved through the uplifting influ ence of the world's best music render ed by artists of recognized ability and innate talent, and at a price that is well within the reach of the average American family. [ Impressario," a light opera, Dec. 11, j and Barbara Maurel, one of the rausi cal world'* most colorful | pranos, Jan. 21. The price of admis sion for the separate concerta has been »et at $2.50, while reserved seat aea son tickets for the entire course wiü-[ The other two numbers are "The mezzo-ao ORE-DIGGERS PROVE FASTER THAN BOBS In a hard game, played on a slip pery field, the Ore-diggers eleven, from the Butte School of Mines, cap tured the big game last Saturday on the college field by a score of 12 to2. Although the play appeared to be slow throughout, the Bobcats claimed the first quarter as their own, while the Miners took advantage of every op portunity in the second and third. In the first quarter every indica tion pointed to a Bobcat victory. While both teams appeared to be fair ly evenly matched the Bobcats by ex changes and punts were slowly invad ing the enemies territory. Then the Mines received Floyd Romney's un successful place-kick on their three yard line and had to punt behind the goal. The kick was intercepted, but * , •was recovered by the Ore-diggers be hind their goal. The play was counted as a safety and counted two points for the Bobcats. The Mines got busy, and from then onward the tables were turned and the final result was never in actual doubt. be sold for the low price of $5. Sea son tickets will be sold to high school and college students for $2. Tickets may be bought and reservations made two days in advance of the concerts at the box office of the Ellen theater. Personnel of Artists The New York String Quartet, founded by Mr. and Mrs. Ralph Pulit zer, has been playing together for four years, but until last season its performances were confined chieflyl to private musicales in the home of the founders. When the quartet came into being it was stipulated, that no public concerts be given in New York City from three years from the date (Continued on Page Twelve.) -— JURY FINDS SETH ORRIN DANNER GUILTY OF FIRST DEGREE MURDER AFTER SEVEN HOURS DELIBERATION JURY BRINGS IN . VERDICT OF CONVICTION AND ASKS FOR IM POSITION OF THE DEATH SENTENCE : Unanimous for Conviction DANNER TAKES VERDICT OF JURY IN SAME STOLID MANNER HE HAD EFFECTED THROUGHOUT THE PROGRESS OF THE ENTIRE TRIAL; MRS. DANNER MAKES GOOD WITNESS AND DEFENSE COUNSEL UNABLE TO SHAKE HER TESTIMONY. RANKIN CREATES GOOD IMPRESSION. y .*. r The sensational double murder trial ; in progress in the district court in ! this city since last Monday morning, ■ in which Seth Orrin Danner, a part j Cherokee Indian and itinerant auto -1 j mobile mechanic, was being tried be I fore Judge Ben B. Law and a jury 1 on a charge of first degree murder— j the atrocious and cold-blooded mur- ' der on Nov. 14, 1920, at Central Park, j near Bozeman, of John Sprouse and | his wife, Florence Sprouse, who had traveled with the Danners in their \ separate cars on their overlaiid 'our ney to Montana nearly three years ago—came to an end last Friday af ternoon at 4:12 o'clock following the closing argument for the state by At- \ tomey General Wellington D. Ran kin, of Helena, and the delivery of instructions to the jury by the t rial o'clock Monday night, when they re turned to the courtroom, where the j foreman, :n the presence of Judge j Law; the defendant, Danner, and a j few newspaper men and county of ficials, read the verdict of guilty of murder in the first judge. The jury remained out until 11:20 the court to impose the death sentence, Shortly before 11 o'clock, L. W. Foreman Reads Verdict Watson, foreman of the jury, noti fied Bailiff Charles Callaghan that they were ready to return their ver diet, whereupon Mr. Callaghan noti fied Judge Law and Sheriff Jim Smith, and the latter brought Danner into court to hear the fatal words of the jurymen. The written verdict follows: "The State of Montana versus Seth Orrin Danner. Verdict: "We, the ERNEST W. HEILMAN CALLED BY DEATH POPULAR BOZEMAN MERCHANT DIES IN BUTTE SATURDAY OF THROAT AFFECTION Ernest W. Heilman, aged 54 years, one of Bozeman's most popular and highly respected citizens and merch ants, died last Saturday morning in Butte, where he went about two weeks before, with his sister, Mrs. James Forristell, to undergo treatment for a throat affection from which he had been a patient sufferer for some time. The remains were shipped from Butte and were received here Sun day morning from train No. 4, and placed in charge *of the West under taking establishment which will have charge of the funeral arrangements. The funerel will be held Friday ir< rning at 9:45 o'clock from the West Funeral Chapel, the cortege proceed-1 teg to the Holy Rosary Catholic church where requiem high mass will be cele- | brated at 10 o'clock by Rev. Father A. | D. Leitham. Interment will be in the ! Catholic cemetery, and the pallbear ers will be selected from among the : most intimate friends of the deceased. j The family requests that mourners ' please omit flowers. Ernest W. Heilman was born in McGregor, Iowa, in September of 1869. , He came to Montana about 30 years 1 ago, and for a number of years was as sociated in business with his broth er-in-law and sister, Mrs. and Mrs. James Forristell, the firm being known as Forristel & Heilman. He served for some time as a member of the Bozeman Cemetery board, giving a great deal of his time and efficient service to the early work of this or ganization, and was interested in many other movements of public bene fit. He was a member of Bozeman lodge of Elks, was a democrat in po litics and took an active part in many campaigns. He was married in 1898 to Miss Sadie Wright, who survives him. The surviving children are Edward J., now (Continued on Page Six.) ■ I jury in the above entitleld cause, find the defendant, Seth Orrin Danner, guilty of murder in the first degree as charged in the information, and fix his punishment at death. (Signed) "L. W. Watson, foreman. "Dated this 26th day of October, 1923. 4 The verdict was first read aloud by W. L. Hays, clerk of the court, who asked if that was the findings of the jury, and was answered in the affirmative. Attorney Justin M. Smith, counsel for Danner, requested a poll of the jury with the result that each of the twelve men ans •■ '•ed "yes" when asked by Mr. Hays if that was their findings, Judge Law to pass judgment on the verdict Tuesday morning, at which the jurist set the time at 9:30 o'clock of that day. If no further legal re course is invoked the judge will set the date of Danner's execution in the county jail at a later date, Danner did not apparently lose his accustomed composure upon hearing the reading of the verdict that sealed his fate he acted if he Mr. Smith then formally requested 1* . was resigned. Upon his return to the jail in custody of Sheriff Smith, Under Sheriff Jones and Deputy Sheriffs Patterson and Howell, he said to the Well, Jim, they've picked t. | former : ! out a hard job for you. -• • . I i Four Ballots Taken * During the course of the seven hours in which the jury was deliberating on the case, a total of four ballots was taken, although at no time was the verdict of guilty in doubt. The first ballot resulted in nine for the death penalty, two to leave the penalty to the judge, and one for life imprison ment. The second ballot stood ten for the death penalty and two to leave the sentence to the court. The third stood eleven for the death penalty and one wanting the judge to pass sentence. The fourth, and last, ballot resulted in all twelve men agreeing on the death penalty. The names of the jurymen who re sponded nobly to the plea of the at torney general that the fair name of the great state of Montana be un tarnished were: I • h* l Ralph Newkirk, Belgrade; W. J. Booher, Manhattan; W. J. Heaston, Logan; A. F. Dawes, Trident; E. H. Dean, Bozeman; E. C. Warwood, Reese Creek, and Leonard Hinson, Bozeman. It is understood that a death watch (Continued on Page Nine.) ( L. W. Watson, Bozeman, foreman; Burton Thompson, Willow Creek: C. L. Watkins, Maudlow; Ralph Bates, Manhattan; A. B. Carter, Sales ville; . Frank Sprouse Praises Rankin Before departing early Monday morning for Sedrowoolley, Wash., where he is employed as attendant in charge of the receiving room at the Northern State Hospital for the Insance Frank Sprouse, elder surviving brother of John Sprouse, for whose murder, and the murder of Mrs. Florence Sprouse, his wife, Seth Orrin Danner has been ord ered to hang, to express to the. people of Bozeman and Gallatin county, on behalf of himself and his mother and brother, Mrs. Alpa Sprouse and Marvin Sprouse, of Firesteel, N. D., all three of whom were in the city to testify for the state, their heartfelt appreciation for all the courtesies extended to them during their stay in Boze man. "You can also say for all three of us," said Mr. Sprouse, "and you can make it just as strong as you have a mind to, that in Wellington D. Rankin the state of Montana has a real, two-fisted, conscientious prosecuting attorney, the ability of whom it can well be proud. _