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The B
an Courier
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-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.
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. . but then
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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.)
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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
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•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.)
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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.
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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.) ■
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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.
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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
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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.
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Four Ballots Taken
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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:
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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.
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