The Bozeman courier., November 26, 1926, Page PAGE FOUR, Image 4

About The Bozeman courier. (Bozeman, Mont.) 1919-1954

Image provided by: Montana Historical Society; Helena, MT

                
MONTANA WEEKLY
INDUSTRIAL REVIEW
Chinook— Utah-Idaho sugar fac
tory closes year, with 30,000-ton beet
harvest, and beets showing 17 per
cent sugar.
Missoula—Milwaukee logging road,,
from Sunset terminal, will open about
Dec. 1.
Western Montana logging camps
ship 60 to 70 cars logs a day to Mis
soula, Bonner and Milltown mills.
Montana stock ranges are general
ly good, and sheep and cattle in best
condition of any western state.
Nashua has shipped 205 cars of
wheat this year, and 171 cars live
stock. _
Milwaukee railroad will reballast
1 ^;)
Lewistown — Deep well will be
drilled in city for oil or water pros
_ tinp
Lame Deer-New schoolhouse com
pleted on Muddy creek, for Indien
children
Fort Bentori—Turkey growers will
market (three cars turkeys, through
selling pool.
Great Falls—Babson's service pre
diets 20 per cent greater November
business here than in November.
j 9 25
'Montana McIntosh apples bring
*1X0 a box more than best Jonathans
whole Northwest Montana division in
in New York marked.
Havre-Hardrock Oil company will
bring gas here through 18.5-mile line
from Chinook.
Shelby-Hannah-Porter cbmpany Is
new local oil compare operating here.
Valley county farmers find bee
keeping one of the best paying side
lines,
Montana state, county and school
districts own property worth $148,
099,000.
Meyers Oil company spuds in Val
entine well in Fergus county.
Thompson Falls—Lucky Luke mine
near Belknap shows ore running $249
a ton.
Shelby—Royal Canadian Oil com
pany completes 100-barrel well on
west side Kevin field.
Shelby—Hill-Lorenson well No, 10
comes in for 100 barrels a day.
Shelby—Dakota-Montana Oil com
pany drills three wells in Kevin-Sun
burst field.
Montana produced 900,000 pounds
more butter in first half of 1926 than
in like period of 1925.
Kalispell—Eugene Grubb, famous
potato authority, buys seed potatoes
here for Idaho growers.
Western Farms
Billing«
tion formed with $50,000 authorized
capital.
Ronan — U. S. engineers investigate
plan for electric pumping, to irrigate
Flathead project from Flathead river.
Conrad—Julian Petroleum company
starts test well at Arnold location,
Pondera structure.
FINDS SCOLLARD
IS "NOT GUILTY" i
j
}
(Continued from page one)
9 and 10 o'clock, Mrs. Randall testi
fied, she saw her husband drive away
with a team and a hayrack. He
said, she averred, that he was going
to the Scollard ranch to remove th»
remainder of his property. She did
not see him again until she called
at Dr. Crewe's office in Belgrade.
She declared that at the time of the
shooting her husband was 42 years
of age and weighed only 155 pounds.
The defense had previously claimed
that Randall's weight was 185 pounds.
On cross examination attorney for
the defense attempted to force from
Queen Marie Meets Fellow Countryman at Gary
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Wh«u Qmm Marie vie* ted the *ueel mttla at Gary, InA, Um workers seemed rather indifferent to her
«he celled rat : »Are there any Rama plane here?" Robert Ariel, a young craneman, responded, 'stepped
forward and had a pleasant «bet with her majesty, and Um Incident relieved the
Above the «Men 1a sera talking vrtth Aalet. i
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Mrs. Randall admissions tnat she had
tried to persuade her husband not to
go to the Scollard ranch that morn
ing; that she feafbd trouble, and that
she expressed surprise that Randall
had not carried a gun. These insinu
ations Mrs. Randall vehemently de
nied, and so strong was the objection
of the prosecution to this line of
questioning that it was soon abandon
_
died, testified that the wounded man
appeared raional at times, but in
this connection she was not permit
ted to particularize. Randall lapsed
she stated,
ed.
Helga Osness, a registered nurse a f
the Deaconess hospital and who at
tended Randall from the time he was
admitted to the institution until he
into unconsciousness,
about 12:30 a. m. *
Ante-Mortem Statement
When court re-convened Friday
morning County Attorney Peterson
was sworn and testified regarding
Randall's physical and mental condi
tion <m the night of April 1, and
read ^e statement, dictated to Cour
Stenographer Guy Marvin, made by
the wounded man. Defense attorney
objected to the introduction of this
statement, but was overruled by the
court - In ? Rfndall declared he had
S one io the Scollard ranch to gel
property, including some lumber in
t ^ le & ranÄ T» belonged to him; ;
recounted the quarrel between him
and Scollard that ensued, and asse -'
ed that he (Randall) was unarmed
j ard thought that Scollard was run
wng a "big bluff »d Wd not
shoot. I never expected Scollard to
shoot," the statement read, "and
thought it was just a bluff and a
blow-off like before." Randall's
statement threw no new light on the
tragedy.
Scollard's Story
Scollard, the defendant, then took
the stand in his own behalf. He test!
fied that he was 54 years of age and
had lived in Montana 36 years. On
the day of the shooting, he said, he
reached home at 11:20 a. m. Ran
dall was already there. He walked
over to him and discussed some busi
ness of long standing. An argument
ensued, in the course of which, he de
dared, Randall called him a "liar.
Scollard admitted he had retaliated
in kind, and that both had used vile
language freely. Randall, he assert
ed, had a doubletree in his hand.
Scollard admitted he was armed with
a stick. The witness declared that
Randall had moved towards him in
a threatening manner, whereupon "I
ran to the house to get my shotgun."
Mrs, Scollard, he testified, pleaded
with him not to take the gun out, but
he replied: "What am I going to do—
let anyone run me off my own
y>
ranch?
Scollard said he started for the
barn with the shotgun in his band,
at the same time endeavoring to
avoid Randall. The latter drove to
the bam and began loading his
hayrack, while Scollard went to the
granary. Soon Randall drove to that
building, the witness said, and, pick
ing up a pinchbar, jumped down and
started towards the door.
I told him," Scollard testified,
"that if he would go away and not re
turn, I would get the boards from the
granary within a couple of weeks,
when I emptied the bins, and would
pile them up near the house and noti
fy him when they were ready." Some
argument ensued, and Scollard again
admitted that he and Randall had
called each other names. The de
fendant claimed he was no match for
Randall physically because he was
suffering from rheumatism in his
right leg and had received an injury
to his arm while trying to crank an
automobile.
Scollard, with the shotgun in his
hand, then entered the granary, he
testified. Randall, carrying the pinch
bar, approached the door. Hi» man
o
ner was threatening, the witness de
clared. "I called to him, saying:
'You can't come in here.' As he con
HEADS GERMAN ARMY
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Actresses Not Saving Lot
Among working women, teach««
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^ based on savings bank statistics,
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tinued to walk towards me I again
called to him, saying: 'For God's
Portrait of General Heye, the new
commander-in-chief of the German
sake, man, don't make me do it. For
God's sake, stop!'
Randall, according to Scollard, re
plied:
"Damn you. I'll—'
Tt was then that Scollard fired.
I didn't think he was foolish enough
to come into the place in the face of
a shotgun," the defendant testified,
"but it was a question in my mind who
was going to be killed." Scollard had
previously declared that Randall had
raised the pinchbar and that he was
afraid of him.
I didn't intend to shoot," continued
the witness, "but I did intend to fire
at his feet. The shot fired was ab
solutely accidental; I had aimed too
high." *
U
On cross-examination 'Assistant
Prosecuting Attorney Collins asked:
"You had in mind that you wppld
shoot Randall before you would al
low him to take the boards?
"I did not think Randall would be
foolish enough to try to take the
boards with a loaded gun pointed at
him," was Scollard's reply,
Mrs. Kate M. Scollard, wife of the
defendant, related her version of
44
Significant Question
»
declared that Randall, upon arriving
-before her husband
events preceding the shooting, and
r
at the __^
came home, had Ynade disparaging
remarks and used vile and indecent
language to her. In cross-examma
tion it was brought out that Mrs.
Scollard had written Randall several
letters in which demand was made
for settlement of certain claims that
had been pending for a year.'
Austin's Version
Prank Austin, Scollard's hired man,
who was the only person besides the
principals who was near the granary
when the shooting occurred,
called to the stand and testified along
the same lines he did at the inquest
last April. He told of the coming' of
Randall; of the argument that ëh
sued when Scollard came home; of
the latter's trip to the house for the
shotgun, and of events at the gran
ary. Scollard, he said, appeared to
be much excited, while Randall was
cool and seemed to pay little attention
to him.
After Scollard had gone into the
granary, Austin testified, Randall
picked up a pinchbar and started,for
the door. Austin could hear the
was
V
men
talking but could not see them. Scol
lard said, the witness asserted, "You
can't come in here—for God's sake
don't make me do nothin'." Randall,
»cording to Austin, replied: "
- you, I'll -." The report of
the gun followed.
Austin went to the granary and
found Randall leaning against the
door. "Will you drive my team home,
buddy?" the wounded man asked him.
"To hell with the team," inter
rupted Scollard; "the main thing is
to get you to a doctor."
The remainder of Austin's testi
mony added nothing to tho evidence j
already'presented. Austin had been
subpoenaed by both prosecution and
defense.
Six Character Witnesses
In closing its case the defense
called six character witnesses— R. E.
Bro&n, Charles Vandenhook, W. N.
Purdy, Martin Jacoby, E. A. Steifel
and J. C. McCarthy—all of whom de
clared that prior to the shooting
Scollard's reputation a peaceful !
and law-abiding citizen "had been
good." Other witnesses were M. E.
Ferris, who testified regarding the
ownership of the ranch which Scol
lard and his wife had taken, and Roy
Harrison, who told of meeting Ran
dall on the day of the shooting as
Randall was en route to the Scollard
place.
On Saturday court did not convene
until after noon, th* morning being
taken up with the preparation of in
structions to the jury. Assistant At
torney General Collins made the op
ening argument for the state, being
followed by Attorney Pease for the
defense. The closing arguments for
the prosecution were made by Coun
ty Attorney Peterson.
Demands Verdict for State
Mr. Collins reviewed the evidence
at length. He stressed the point
that one man had killed another in a
quarrel over property of small value,
and declared there were discrepancies
in the statements of defense witness
es that could not be overlooked by
the jury. Tu the interests of law and
order he asked for a verdict against
the defendant.
Attorney Pease declared that the
witnesses, and especially Scollard,
his wife, and Frank Austin, had told
in a straightforward way all they
knew about the tragedy. He referred
to the "threatening attitude'* of
Randall while on the Scollard ranch
on the day of the shooting, and to
his alleged "insulting and insolent
conduct while in the presence of Mrs.
Scollard.
I
He insisted that the slay
ing was within the law because in
shooting Randall the defendant was
protecting his property as well a«
defending himself from death.
County Attorney Peterson asserted
that "the only question for the jury
to decide is whether a man is justi
fied in killing another to prevent his
14
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Sa -
m
TWOHTHOUSAND
OR ONEIHUNDRED FIFTY THOUSAND?
Which would you rather talk to—a small, attentive audience or a vast,
hurrying crowd?
Would you rather address 2,000 persons in a hall, with their eyes and
minds fixed upon you?
Or would you choose 150,000 on the fly, as they surge through the Penn
sylvania .station, New York?
The Weekly Newspaper
is the hall that seats the 2,000. You get them to heed your appeal. Your
story sinks in. They're yours, if your proposition is genuine.
The publication of general circulation is the big railroad station, with
/ hurrying crowds. One in 100 hears you. Only one in 1,000 knows or cares
what you are talking about—and he hasn't time to think it over.
Is it better to sell one man, or get the idle curiosity of a thousand? People
who read
The Bozeman Courier
I
read it at their leisure, in the evening, on Sunday. You reach them when
their vests are unbuttoned. You get a hearing, because your medium has •
the heart-to-heart, friendly neighborliness of its subscribers. Stay with
them, and you will convert their growing interest into cash.
PUT YOUR PUBLICITY WHERE IT WILL PULL I
NEVER MIND THE CIRCULATION CIPHERS !
f
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k
Pubî
Book and Job W
Printers
43 West Main
He,
taking a couple of old boards:
too, askçd for a verdict against the
defendant, but it was remarked that
neither of the prosecuting attorneys
insisted upon a verdict of guilty on
the first degree murder charge,
With the inatructiona, four forms
of verdicts wer« given the jury.
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Judge Hbnw-refoeed to ^permit any of
the exhibits offered in the trial, or
the ante-mortem statement of Ran
dall, to be taken into the jury room.
The Scollard case was the last one
the trial calendar, and at its
upon
conclusion the jury venire was ex
cused.