Midland Empire News from Billings, Montana • Page 3

SETH DIx IS FOUND GUILTY MURDER SECOND DEGREE IS THE VERDICT. COURT WILL FIX PENALTY Sentence To Be Pronounced Tomorrow on Slayer of, Ben Davis. From Wednesday's Daily Gazette. Seth Dix, who shot and killed Ben Davis, a bartender, at Wells' road ranch, about 20 miles south of this city April 24, last, was on trial yes terday in the district court, charged with murder in the first degree. The case occupied the attention of I the court from early morning until last night.

The court read its instructions to the jury at 7 o'clock and then counsel for both sides were given 45 minutes in which to make i their closing arguments. These closed at 9:20, when the jury retired. The jury was out about an hour before it arrived at a verdict, but it was a half hour later before the jury was brought into court. Then it announced through its foreman, E. H.

Hollister, that it found the defendant guilty of murder in the second degree, leaving the penalty to be fixed by the court. The jury was dismiss 6 ed and the prisoner remanded to the custody of the sheriff to await the a sentence of the court, which will be pornounced on tomorrow at 10 a. m. The penalty prescnibed by law for murder in the second degree is not less than 10 years imprisonment in 1 the state penitentiary. The jury was composed of R.

T. Hannah, David Fratt, L. H. Parker. E.

H. Hollister, Joe Flanagan, O. C. Quarnberg, W. C.

Hinshaw, W. G. Williams, W. D. White, John M.

Moots, Harry Haid and Carl Quarnberg. The case was prosecuted by County Attorney Hathhorn, assisted by O. F. Goddard, while G. A.

Lane was counsel for the defendant. The chief witness for the state and '4a fact the only one who knew anything of the affair, aside from the defendant himself, was John L. Smith. The case had to be tried mainly on circumstantial evidence, for the reason that there was no eye witness to the shooting, except Dix. As will be remembered by The Gazette readers, Dix was brought to this city on the.night of April 24 by John L.

Smith, who alleged that Dix had shot and killed Ben Davis at Wells' road ranch. The coroner and a jury immediately went to the scene of the reported killing and found things practically as tsated by Smith. Dix did not deny tthe shooting, but on the other hand stated to a Gazette reporter that he had killed Davis in self-defense. He claimed that Davis had "short changed" him when he bought some drinks. When remonstrated with and accused of doing so Davis had stated that he would give him his change out of this, drawing a revolver.

Thereupon Dix drew his gun and shot the. bartender. Dix claimed at the time that it was nothing more or less than a drunken row. Smith for whom Dix was working at the time of the trouble, was not an eye witness to the shooting, but he heard the remark of Davis, as well as the shots fired. He saw Dix i-standing outside the door of the sa-i loon shooting in.

He did not know whether Davis shot at Dix, nor did he know whether Davis had drawn his-revolver on Dix. When the case came to trial yesterday theefforts of the prosecution were along the lines pointing to a premeditated murder. It was alleged that Dix had gone to this road ranch for the express purpose of having trouble with Davis for a supposed grievance and then had shot him down in cold blood. The prosecution showed how Dix had borrowed cartridges from Smith for his revolver and when they wouldn't fit, had shaved them down, and that Smith had gone to the place with Dix and when he found that the two men were likely to get into trouble had cautioned Dix to leave the place, he, himself, first. leaving.

The prosecution also gave force to the fact that Davis' gun, which had been found gripped in his dead hand, had not even been fired off, although there was one blank This blank chamber was accounted for by the reason that it is cu.stomary for some men to oearry their in this manner, and only a shoit tiame bejola ohe sobting, th t. tws itc.statteq AL WnD LUUUU UvLaL LUC DUvUaLU5. AL had not even been cocked.Dix went on the stand in his own definse. He testified to having gone down to the road house from Smith's place, together with Smith. While there and while drinking he spoke to Im Davis of the latter having "short changed" him.

One word led to an- ec other when Davis told him he would re give his change and then drew a re- a volver. Acting in self-defense he had re shot Davis. Dix testified to having tl only shot four times at Davis, but his revolver was a five chamber affair and every cartridge was fired. All a the bullets were found. Two were on the top of the front bar of the je romm and two on the back bar, while the fifth one was the one that caused the death of Davis.

ti While Dix was nthe stand he was surprised to be confronted by a ques- li tion from the prosecution as to whether he had ever been an inmate of the penitentiary of the state of ti Indiana. He stated that he had been sent to the reformatory about four years ago. County Attorney Hathhorn a few a days ago, in answer to an inquiry sent to the police of "'Terre Haute, where Dix claimed he formerly resided and which is still the home of his parents, received a telegram A from the superintendent of police stating that Dix had served two years in the state penitentiary for burglary having been sent up March 20, 1897. Dix tried to excuse his imprison- ment by saying that he was convict- 1 ed on the testimony of a man who claimed to have seen him in the place burglarized, when in fact he was not there. YOUR FACE shows the state of your feelings and the i state of your health as well.

Impure blood makes itself apparent in a pale and sallow complexion, pimples and skin eruptions. If you are feeling weak and worn out and do not have a healthy appearance, you should try Acker's Blood Elixir. It cures all blood diseases where cheap sarsaparillas and so called purifiers fail; knowing this we sell every bottle on a positive guarantee. For sale by Chapple Drug Co. RECONSIDERS ITS ACTIONS.

City Council Lets Sidewalk Contract to Ben Hager. From Wednesday's Daily Gazette. The city council met in special session last night, the purpose of the meeting being to reconsider its action of the night before when it awarded a contract to Geo. Diel for constructing a cement walk in front of the library The council gave the contract to Diel under the impression that his bid was the lowest. The attention of the aldermen was called yesterday to an error they had made in figuring the bids by Ben Hager, who claimed that his was the lowest by $10.

On motion of the council by unanimous vote decided to reconsider its action. Then on motion of Reynolds the bid of Hager was accepted, the contract to be completed within 10 days, A Good Cough Medicine. It speaks well for Chamberlain's Cough Remedy when druggists use It in their own families in preference to any other. "I have sold ChamberI lain's Cough Remedy for the past five years, with complete satisfaction to myself and customers," says Druggist J. Goldsmith, Van Etten, N.

Y. "I have always used it in my own family both for ordinary coughs and colds and for the cough following la grippe, and find it very For sale by Chapple Drug Co. MORE DRUNKS. Five Disturbers in Police Court-A Nuisance. SFrom Wednesday's Daily Gazette.

Drunk and disorderly is the way in 5 which the charges read against five Kmen in the police court yesterday. l- The offenders were Dennis O'Brien, Pat Lynch, Thos. McDonald, Frank Bell and Barney Farrell. In the cases of Lynch, McDonald and Farrell they were fined $5, each. The first two being without funds 'went a to work on the streets, while the lat- ter paid up.

O'Brien and Bell were told to get out of town. Savaresy was arrested yes- terday afternoon on the complaint of Street Commissioner Keene, charged with maintaining a nuisance in not cleaning up the rear yard of his property. Savaresy was brought into court and promising to abate the nuisance at once was discharged. ae May Lewis was fined $5 for disLe turbing the peace. N.

P. FREIGHT WRECK. io Tramp Stealing a Rjle is Kiled' Ten Care in he Ditch. id From WednesdaygDaily Gazette. in A wrece on the No'rthern se Pacific ysterd between 'Glendive and Mlil y.

Freight train No. at S8, westbt met with an accident r- when a midway between those id points, caused by a broken truck in the middle of the train. Ten cars 4i were derailed, and piled one on top rn of theotler the bottom of the nI -mlbankli9t. FUNERAL OF MRS. BABCOCK.

tt Large Number Pay Last Respects to sE Departed. From Wednesday's Daily Gazette. tc Yesterday afternoon the mortal re Is mains of Mrs. Sybil Babcock, wife of cl Captain L. F.

Babcock, were convey-I tc ed by an immense concourse of sor tc rowing friends to the city cemetery, sE and laid by loving hands in their last sE resting place to await the resurrec- tc tion of the just. The beautiful life ni eulogy and the best that can be written but feebly expresses the love s1 and affection with which she was re- tl garded by all those privileged to en- ci joy her friendship. Few eyes were dry in the large congregation when her many virtues and lovable quali. ties were mentionbd by the officiating a and the grief among the little children present was most marked. The funeral services were held at the Congregational church at 2 o'clock, the edifice being filled with mourning friends.

The pastor, Rev. W. D. Clark, officiated, and delivered a touching address, taking as his text the comforting words: "He being dead yet speaketh." Appropriate music was furnished by a male quartette composed of Messre. H.

M. Allen, Cantine, Ladbury and Setzler. The casket was covered with beautiful floral designs, which also graced li the pulpit and two tables- stadding a near. It was borne to the hearse by Messrs. P.

B. Moss, H. M. Allen, H. W.

Rowley, E. S. Holmes, A. L. Babcock and H.

G. Williams. A Sprained Ankle Quickly Cured. "At one time I suffered from a se- vere sprain of the ankle," says Geo. E.

Cary, editor of the Guide, Wash- 1. ington, Va. "After using several well recommended medicines without success, I tried Chamberlain's Pain Balm and am pleased to say that relief came as soon as I began its use and a complete cure speedily Sold by Chapple Drug Co. THE BRIDGER STRIKE. An Apparent Misunderstanding Re- garding Its Termination.

Evidently there is a misunderstanding concerning the reported calling off of the strike of the miners of the Bridger Coal company. Ten days ago printed posters, signed by Secretary Tinkcom of the Bridger Miners' union, were widely circulated, purporting to be an official announcement declaring the coal miners' strike at' Bridger in existence since May at an end. In addition, Secretary Tinkcom published a card in several. state newspapers denying the report that the uniun had surrendered its charter and asserting that Bridger was still a union camp. Now comes John Bergin of Gebo, president of District Miners' union, calling in question statements made by Tinkcom and asserting that Bridger is an unfair camp and that the strike was not called off by authority of the union, but by alleged scabs.

Here is what President Bergin says in a communication to the Red Lodge Picket: "I wish to inform the public through the columns of your paper that the strike at Bridger, is still on and that the miners at Bridger had no authority to declare the strike off, as there are no members of the Bridger Miners' union there, and there were none of the members of the union there when a this action was taken. There were men at that meeting who not union men at the time they declared C1AS. CUNNINGIHAM, Pendleton, Oregon, Breeder of Rambouillet Rams EAD 800 ALL YEARLING BUCKS For Sale at Columbus, Montana. They, are big, strong, smooth and heavy shearers. They will corn.pare with the best the country produces.

Call and see them or address M. PEDRO, Columbus, Mont. the strike off. I will admit that these people at Bridger have in their possession the charter and seal of the Bridger union, but they have no right to it at all. It was agreed on at the last meeting of the union to send the charter, seal and books of that union to headquarters, adfd they were given to John Friel, with Instructions to send them to headquarters, which it seems he has failed to do, and I wish to state that John Friel is not and never was a member of the Bridger Miners' union, and I can prove the same.

I send this as a correction to the statement given by D. A. Tinkcom and John Friel." Quick Relief ror Asthma. Miss Maude Dickens, Parsons, Kansas, writes: "I suffered eight years with asthma in its worst form. I had several attacks during the last year and was not expected to live through them I began using Foley's Honey and Tar and it has never failed to give immediate relief." Holmes Calhoun.

TWO DESPERATE EFFORTS. Marital Troubles Impels Joliet Man to Attempt Suicide. From Wednesday's Daily Gazette. Brooding, until nearly insane, over his wife's dishonor and the shame to himself and little ones, caused Robert Bartley of Joliet to make two unsuccessful attempts to take his life yesterday. Finding his pleading and remonstances unavailing and that the wife and mother of his children in her infatuation for a prominent and well known man of the community led her to a betrayal of her motherhood and marriage vows, and crazed by his wrongs, Mr.

Bartley decidede that life was not worth the living. He first attempted to cut his throat, but prompt action on the part of some men near by prevented him 'from so doing. After they had taken the knife away from him, Bartley told them that he had fully determined upon killing himself and would do so at the first opportunity. About three hours afterward, immediately after dinner, Bartley, with his three boys, the eldest not more than 9 years of age, started for Rock creek, probably 300 yards away. When within 200 feet of the wagon bridge crossing the creek he told the little ones to stop and wait until "papa went to the bridge." Leaving them, he rushed towards the creek, passing his brother, who had just crossed the bridge with a freighting outfit.

The brother noticing by his appearance that something was wrong, turned to follow him, and as he did so Bartley ran upon the bridge and threw himself into the waters of the mountain stream. Hurled and tossed by. the swiftly running stream, he immedlately 'sank from sight, and, but for the prompt action of his brother, who jumped from the bridge and ran to a point where he could catch him as he was passing, would undoubtedly have drowned. As it was, the brother succeeded in pulling him out only after he had sunk twice and was going down for the third time. After regaining consciousness Bartley was taken away only by force, as he was still determined to kill himself, with the children sobbing in their love and grief for their poor father, Bartley was forced back to his.pJome.

When he arrived there his wife'" never came near and by her proved herself -to be as heartless as she was unfaithful. Bring us your shoe repairing. Post. office basement. 6-tf Sure Preventive Ba Is Parke.

Davis 6 Company's Blackile Vaccine Improved. Ready for Immediate Use. No ELzpenave Outlit Needed. All you have to do isto put the Vaccine in your syringe, add boiled water according to dlre. ti and infect Into your cattle.

It will positively PROTECT your cattle from the dread disease, BflI-aiila the same as vaccination prevents Smallpox in the human family. Specify Parke, Davis Blackleg Vaccine Improved, and get the kind that is sure to be reliable. EIrca LoT as Tasran o0 CaTrza BaDroa rr I ivas oun Write for Literature and Full Information, Free ct Request. FOR SALE BY ALL DRUIGISTS. PARKE, DAVIS 4 COMPANY, Detroit, Michigan.

Branches New York City. KansasCl, Baltimore, New Orleans Chica Walkerville. Montreal, and London. UQIC ACID IN THE BhOOD Caokheumatism, Sciatiea, Lumbag.e NeuBra and Gout. You can remove the anes wearn REX RHeGUmTIC RINGS, PIROE $2.00.

They are sold under a written guarantee, i postal card will bring you a booklet telling all about It Address J. FORESTER, AGENT, BILLINGS, MONTANA. Manufactured by Rex Bheumatio Hartford, Conn. 80.6m BACH, BECKER Chicago, oer substantial arranments for haodling wool on consignment. Establisbrd outlets.

Direct representation in Eastern Markets. Backs furnished. Correspondonce References First National Bank, Chicago. Wholesale Dealer in Agency for WINES al. Blatz's LIQUORS LAGER BEER --n IA Keg and Bottled -AND- -ALSoCIGARS I hite Rock sTOCu.A wA BURLINGTON'S NEW BRANCH.

Opens Next Monday-Train From Toluca to Pryor. The Burlington Railroad company announces that the first stretch of its new extension from Toluca, to Cody, to be known as the Toluca-Cody branch, will be opened next Monday, July 1. This new road reaches only to Pryor agency, a distance of about 50 miles from Toluca. The stations between Toluca and Pryor, together with their distance from Toluca, are: Ronald, 7 and 6-10 miles; Mifflin, 15 and 6-10; Coburn, 25 and one-half; Morin, 33 and 2-10; Keiser, 40 and. 7-10; Pryor, 50 and 2-10.

Depots and other buildings together with switching yards have been constructed at Toluca, Coburn and Pryor. The station of Morin was first, decided upon as Florence, but the Burlington learning that the Northern Pacific had a station of that name made a change. The other stations to be along the line of the road are Chicopee, Crockett. Bowler, Scribner, Frannie, Mantau, Garland, Ralston, Corbett and Cody. The trains for the present will be strictly of the freight order.

The scheduled time has not been decided upon, but will be during the next few days. The probability is that the train will leave Toluca in the morning, returning in the evening. Among the first feight business on the new branch will be the transportation to this city of the wool that has been sheared along the line of the railroad. Edward Huss, a well known business man of Salisbury, writes: "I wish to say for the benefit of others, that I was a sufferer from lumbago and kidney trouble, and all the remedies I took gave me no relief. I was induced to try Foley's Kidney Cure, and after the use of three bottles, I am cured." Holmes Calhoun.

OTTO EASTMAN'S WILL. Is Filed for Probate-Brother Named as Executor. The last will and testament of Otto Eastman, deceased, has been filed in the district court for probate. The estate, which consists of an insurance policy of $3,000 in the Modern Woodmen order, is bequeathed to the infant daughter of the deceased, Anna L. Eastman, of Timberline, Gallatin county, and in the will Gustave Eastman, brother of the deceased is named as executor and guardian without bonds.

The will was made May 25, 1898, just before the departure of Mr. Eastman for Chattanooga, with Troop of the Third U. S. volunteer cavalry. The witnesses to the instrument are E.

M. Hungerford, S. R. Salsbury and Fred H. Foster.

Ira D. Reckard, Duncombe, Iowa, writes: "My little boy scalded his leg from the knee to the asakle. I used Banner Salve immediately- and In three weeks' time it, was almpost entirely healed. I want to reOcomend it to every family and advise them to keep Banner Salve on hand, as it is a sure remedy for sealds or any sore." Holmep aouI FOURTH OF JULY PARADE. Organization By Divisions-Prizes to Be Awarded.

Captain J. C. Bond, who is to have charge of the parade on the Fourth of July, makes an anpouncement concerning the same. He says that the parade will consist of three divisions as follows: First division-Secret organizations and individuals on foot. Second division-Floats.

Third division-Light vehicles, bicycles and the fire depar nent. The di sions will be formed as follows: Fir on Montana avenue east. of Twent -sixth street; Second, on. street no of Montana. avenue, a the Th on Twentysixth stree north Montana avenue.

The parad will tart promptly at. 10 o'clock, a hing will be allowed to inte ere ith its so doing. The followin zes will be awarded: Best represent ion of fraternal organizations me or ladies, first $10; second $5. Best float, fir 15; second $10, and third $5. Best turnout dri ing team, first $5, and second .50.

Best single rig, rst 5, and second $2.50. Best display of trad first $10, and second $5. Best decorated ri ntlemen or ladies, first $15; seco $10, and third $5. Best decorated bicycle, first $5. and second $2.50.

Best turnout by farmer of any kind, first $10, and second $5. Best comic character, first $5, and second $2.50. Best all around character, first $10; second $5, and third $2.50. Best musical organization, the Billings band excluded, first $10 and second $5. Wanted.

1The Yellowstone Park Association is in the market, until September 1, 1901, for pullets and fresh eggs. Ranchers having for sale one or more dozen of young pullets that will weigh four or more pounds each when dressed, and hens weighing not less than seven pounds when dressed, will be paid the highest cash market price by the Yellowstone Park Association. Crate carefully and ship by express, alive and in good condition, by the Yellowstone Park Association Cinnabar, Montana, Bills can accompany shipment. Fresh ranch eggs are also wanted, until September 1, 1901, and ranchers having one or more cases to sell: be paid the highest cash maret price by the Yellowptone Par. Assoitio.

Ship by good coditon, to the Yellowstone Park AssnociatiO Ciniabar, Montana. Bill ca eo pany shipment. For further partlars J. H. DI.ANA up 12-18f Mammeth Acker's Dy are sold.

on aCures la etburn. I tress. dttr eating.