The Helena Independent from Helena, Montana • 5

MAY 10, 1911, THE SEMZ WEEKLY HELENA INDEPENDENT 5 FATHER SHOT BY YOUNG SON BURT ELSTON SUFFERING FROM SERIOUS WOUND WHICH MAY PROVE FATAL. ACCIDENT IN MOUNTAINS At Time of the Shooting Elston Family Was Alone, and Mother Had to Walk Long Distance to Summon Ald-TenYear-Old Boy Aceidentally Shoots Parent While Gunning for. Hawks. Suffering severely from the effects of a .22 caliber wound in his neck, Burt Elston, the well known York miner, lies at St. John's hospital, and at the Ames ranch near Canyon Ferry, Jewell Elston, the 10-year-old son of the wounded man, broken-hearted, 19 awaiting news of his father's condition.

While crossing the mountains between Magpie and Cave gulches yesterday with his father and mother and two little sisters, the boy accidentally shot his father. It. was just at noon and there on the slope of a rugged mountain two miles from the nearest cabin and under the hot sun, Mrs. Elston, burdened with three young, horrifled and heartsick children, in order to save her husband's life, had to stop the blood fast flowing from the wound and manage some how to gain the assistance of men, The family had started from the Sheriff mine in Magpie gulch, over the mountains to visit Jim Walston, who was prospecting in Cave gulch, and none but the father knew the way, At first 'the mother placed her hand on the wound to stop the blood, but Mr. Elston in a voice fast growing faint, said calmly that she was hurting him.

"I remembered that I had on a scarf and wrapped that around his sald Mrs. Elston. "The blood was just gushing out. The scarf stopped it pretty well, but not entirely and I was afraid to go for help. I tried to send Jewell.

He did not want to leave his father. I had to send him anyhow, I felt, so I told him he must go try and find the cabin to save his father's life, and he hurried off. He was gone a long time, and then came back without having found Mr. Walston. Burt's neck wAs still bleading and I was most afraid to leave him, but I knew I must get help, so I left the little girls holding their father's 1 hat over his face to keep the sun off and told Jewell to keep his hand on the wound and press lightly if the blood kept flowing.

Then I left for Jim's cabin. I did not know just where it was. I just knew it was in the gulch and started on a line in the direction that seemed to present itself to me, and I struck the cabin just where I expected to. Mr. Walston had just come for dinner.

"When I told him what had happened he said for me to go back and that he would go to the dredge and get some men and a stretcher. When I got back to Burt, there were my two little girls holding the hat just as I told them and Jewell, with big tears running down his cheeks, was kpeeling by his father with his hand the wound. They were such brave children--I cried when I. saw them. Burt could not answer me any more.

He was breathing well, though, knew we could save him. It was hours before the men got there, or at least it seemed a long time. Four of them had come from the dredge. One man I did not know dressed the wound and then they put him on the stretcher and carried him down the mountain and for three miles down the canyon to where the wagon road was better. "Jim had sent word to the Ames ranch and Mr.

Ames had telephoned to Helena for Dr. McCabe, and had sent a spring wagon up to meet the men from the dredge. The doctor came in a hurry and brought Burt here to the hospital." Shot Through Neck. The bullet entered the right side of Mr. Elston's neck and lodged behind the spinal column, paralyzing his shoulders.

The attending physician pronounced his condition as being very serious last night, but h's case is hopeful, and Mr. Elston became conscious early in the evening. "Jewell was riding the horse when we were going over to Jim's," said Mrs. Elston, in describing how the boy happened to shoot his father, and Burt was leading it with a rope. The boy saw two hawks flying about high 'n the air aid wanted to shoot at them.

I did not want him to shoot at first, but Mr. Elston said: 'Oh! let him shoot; it will please him to Jewell was waiting for one of the hawks or buzzards to come closer. "I Shot Papa." "He was holding the gun crossways and was watching one of the birds and his father the other. Suddenly the gun went off, the horse reared up and jerked Burt over with the rope. I was watching the boy for I was afraid he would get hurt and did not know that husband was shot until Jewell cried my out, 'Oh, mamma, I shot He had fallen backward right on the rocks and the stones were all red with blood before I even knew a what had happened." Mrs.

Elston will remain with her husband through his sickness and the children wil be cared for by Mrs. Ames. WIRELESS FOR PHILIPPINES. Washington, May bill to establish a wireless system with the Philippine Islands along lines recently agreed upon at A conference of army and navy officiala, has been reported to the senate by the Philippine commission. Mr.

and Mra, 8. C. Brown came up from the Falls yesterday to spend several days visiting their Helena friends. FINED FOR MARRYING, Violated Washinaton Law Against Marrying Noon After Spokane, May Edward Robinson, president of a land company, wan fined today $100 for contempt of court by Judge J. Stanley Webster, of the sur perior court.

Robinson was cited for contempt for marrying within the prescribed six months after being divorced. He was divorced from Alice April 19 in Spokane county Robinson, later married Ethel Irving at San Francisco. "You have the legislature to thank for getting off with such a light penalty," said Judge Webster In imposing the fine. "IC I had the power, I would send you to the county jail." Judge Webster ordered the prosecutIng attorney to investigate the divorce case further. Robinson came to Spokane from St.

Louis. DIFFICULT CHOICE FOR HELENA BOY ARNOLD H. BATEMAN MAY HAVE TO DECIDE BETWEEN WEST POINT AND ANNAPOLIS. Arnold H. Bateman, of this city, 1s a young man who may have presented to him for decision the question a8 to whether he will become a major general in the army or a rear in the navy.

A few months ago he applied to United States Senator Henry Myers for an appointment to a cadetship at West Point. As the sentor had already selected his principal, he nominated young Bateman for first alternate. At the same time the senator nominated him as second alternate to the vacancy in the Annapolis naval academy. The examinations for the latter position came first and Bateman passed the examination, but both the principal and the first alternate failed, and yesterday he received the appointment. has taken examination for West Point, but the sult has not yet been announced.

he has equally good luck there will have a choice rarely offered to a young man. The examination at Annapolis was passed by only 43 per cent of the applicants. Bateman is the only son of the Rev. F. R.

Bateman, rector of St. Peter's parish of this city, and prepared 1 for his examinations at the Helena high school and Shattuck Military school. DEFENDANT WINS IN DAMAGE CASE JOHN T. MURPHY, ADMINISTRATOR, LOSES IN ACTION FOR DAMAGES IN SUM OF $20,000. A verdict favoring the defendant in the $20,000 damage suit of John T.

Murphy, administrator of the estate of Charles P. Anderson, deceased, against the Montana Independent Telephone company, which has been on trial in the district court before Judge J. Miller Smith for the past four days, was returned yesterday morning. Murphy commenced the action alleging that Anderson came to his death at Jefferson City, July 5, 1910, on account of the carelessness of the defendant company. The plaintiff contended that the defendant had planted a telephone pole in the Main street of Jefferson City and that on the night of July 3, 1910, Anderson, while driving up the street after dusk, collided with the unlawfully placed pole and from the injuries received, died but two days later.

On the other hand, the defense held that as the pole had been standing in the same position for over a year without the objection of a citizen, and that as it was proven by witnesses for the defense that the deceased. was drunk on the evening in question, the company could not lawfully be held responsible. The plaintiff was represented by County Attorney A. P. Heywood and H.

O. Davies of Butte, while Attorney General Albert J. Galen and A. J. Davles of Butte, appeared for the defendant.

SPIRES ARE SOON TO BE COMPLETE ONE CROSS UP AND OTHER READY, WHILE STONEMEN ARE READY TO START WORK. The framework of the spires of St. Helena's cathedral is now complete, and one of the great golden crosses is in place. But for a slight accident, both crosses would have been seen gracing the points of the spires terday. It is expected that the second be hoisted up and bolted in cross will place today, after which "the sheeting will be secured to the sides last long reach, and the tile roofing put In' place.

The top of the two crosses will be 218 feet eight Inches above the street curb, and will be visible for many miles over the valley. The stone workers are now on the job and several cars of stone from the quarries has been delivered. On account of the inclement weather proghas been very much slower than ress was expected, but all things being favorable the last of this month will see the spires complete. GIRL, WANTS DAMAGES. San Francisco, May amounting to $10,027 for scalp burns, destroyed hair and facial disfiguration alleged to have been inflicted by MeJanie Block, a hairdresser, were asked in a complaint filed in the superior court here yesterday by Mrs.

-Agnes Rose. HELENA WILL HAVE BISHOP THIS CITY TO BE HONORED TODAY AT GENERAL CONFERENCE OF METHODIST CHURCH. TEN WILL BE ELECTED Establishment of New Episcopacies WIll Make Creation of New Church Dignitaries Necessary--Many Names WIll Be Presented-Proposition for Court of Appeals In Rejected. Minneapolis, May Helena, Montana; Los Angeles, Pittsburg, Detroit, and City, probably are the places wher? episcopal residences will be established at this session of the general conference of the Methodist Episcopal church is the belief of a number of delegates high in the councils of the church. The report of the committee on Episcopal residences will be made to the conference tomorrow.

Other cities which are making a close race for resident bishops are Cleveland, 0., and Bismarck, N. D. The dropping of Orleans as a resident city also 18 being discussed by the delegates. With the establishment of four or five episcopacies, it 18 said the conference at the present session will be forced at least 10 bishops. One hundred and 50 names, It is estimated, will be balloted on at the first of which number probably 100 vote, will be dropped on the second ballot.

There will not be a final court of appeals of the Methodist Episcopal church. This was decided today at the business session of the general conferwhen, after more than five hours' ence, debate, the conference rejected first paragraph of the report of the committee on judicial procedure, appointed at the last session of the conference in Baltimore, four years ago. What will be done by the rest of the report probably will be decided toalthough the conference is morrow, scheduled to consider as a special order of business tomorrow morning the resolution introduced on Monday by F. Rice, of Chile, which William caused a bitter debate regarding promission work in Roman Cathotestant lic countries. the great power granted to It was court of appeals to which this proposed made delegates, and objection was church leaders said that the formation of a court of appeals with far less power may result.

afternoon was given over to the The of the report of the work of hearing the Woman's Foreign Missionary g0- ciety. TRIED TO BREAK INTO HOSPITAL: AT ST. PETER'S BARANURSES CADE THE DOOR AGAINST ALLEGED RUFFIAN. With their weight thrown against the nurse's home at the front door of St. Peter's hospital, shortly after 10 last night, two of the young o'clock bravely baricaded the entrance women the rough efforts and threats against Lundberg, a stranger in the of Emil who is 110 locked in the city city, The other girls, some cf whom jail.

had already rrepared for the night, frightered by the boisterous being conduct of the stranger flittered about in nigh excitement until the top floor Brooks appeared on the Policeman and arrested the man on the scene charge of sturbing the peace. the policemar took hold of the When according to reports, Lundprisoner, in a hideous tone of berg screamed voice and insisted that his leg was and that he wanted to get inbroken to the hospital, but Brooks regarded the plea ag a bluff and before long had his man landed at the station, is a cripple and travels on Lundberg crutches, but when he was examined office, following a little in the ajil skirmish in which the prisoner used chair, no wounds were to be found a on his limbs or body. to reports from the hogAccording Lundberg had partly broken the pital chain lock which bars the door, when arrived, and the two girls who Brooks felt it necessary to hold the door were week. from the strain and fright quite when they were relieved. Lundberg will be given a hearing before Police Judge Working today.

CHINESE LOAN. Financial Representatives of Foreign Powers Have Conference: Peking, May Chinese minister of finance, Hslung Hal Ling, at a conference today with the representatives of the banks of six powers comprising the United States, Great Britain, Germany, France, Russia and admitted their right to know how pan, the Chinese government purposed to spend the money. The bankers explained the terms of which they are prepared to finance China and the cabinet is to meet morrow to discuss the conditions. KNOX ON HIS TRAVELS. San Francisco, May of State Knox spent a busy day today 08 the guest of the officials of the Pana'ma-Pacife exposition.

In the forenoon he witnessed a parade of nearly 5,000 troops at the presido and was taken over the exposition grounds, where he participated in the dedication of the selected for Hawall. In the after-, noon he left on a special train for Los Angeles, DISCUSS HOME RULE. Chamberlain Talks Against Proposed Measure In Parliament. May home rule debate was resumed today in the house of commons by Austen Chamberlain. who taunted the ministers with the lack of conviction that the present bill vould.

settle the Irish question. The financial schemes, he wald, would most certainly break down, for England would not long tolerate subsidizing a semi -independent parliament witting in Dublin. Mr. Chamberlain predicted that if the home bill passed and Ulster reHinted, public opinion in England would rule, not tolerate any attempt to dragoon the north of Ireland, FLOODS COST MANY LIVES SEVENTEEN ARE KNOWN TO HAVE PERISHED IN WATERS OF RAGING RIVER. RESCUE WORK GOING ON Fearelty of Navigable Craft Hinders Helpers--High Water Mark Being Reached and Passed- on the Levees Abandoned, Though Engineers State Worst In Over.

Baton Rouge, Lat, May lives are known to have been lost in the Torras crevasse in the Mississippi levee. Three white persons were drowned today on Bayou Latnach when a raft on which al farmer, his wife, and two daughters were endeavoring to reach high ground was broken to pieces by the swift current. The farmer was the only one rescued. Fourteen negroes lost their lives in the Lettsworth neighborhood. RISING AT NEW ORLEANS.

Nowspapers Raising Funds for Supplies for Sufferers. New Orleans, May the official guage of the river registered 21.3 feet at 3 o'clock this afternoon, a rise of 14 feet since 7 a. weather bureau officials were of the opinion that the Mississippi had started on its final lap toward the predicted crest of 21.5 feet, which would mark the ing of the greatest flood recorded in the Mississippi valley. Clear weather and sunshine was reported today at all points from the Torras crevasse to the mouth of the river. The work of rescuing marooned persons in isolated districts progressed rapidly today and boats coming into concentration camps were loaded with women and children.

There is a scarcity of every kind of navigable craft and verything that can be steered and carry passengers and supplies for even a short distance has been pressed into service. Hundreds of primitive flatboats that can be towed by motorboats are being constructed. Work on the levees virtually has been abandoned here, where in the vicinity of the American Sugar refinery the hot sun baked today the repair work done in the last three days. The engineers are cheerful, many believing that the worst has passed. The work of strengthening the levees on the Algiers side has been about completed and the experts believe more than a 22 foot stage can be held back.

New Orleans newspapers have taken up the tack of raising funds in connection with the relief committees and several thousand dollars and many carloads of supplies have been sent from this city. NAVY TO HELP. Washington, May navy has entered the flood relief work along the Mississippi river. Captain Wood, comdanding the battleship Nebraska, and Commander Dismukes, in command of the gunboat Petrel, were ordered today to give all assistance possible to the flood sufferers. WORK STARTED ON CLASS PLAY FIRST REHEARSAL OF "THE ELOPEMENT OF ELLEN" HELD YESTERDAY.

Yesterday afternoon the first rehearsal of the play to be given by the senior class of the Helena high school during commencement week, was held In the assembly room of the high school building. The play is called "The Elopement of Ellen," and is a farce constructed around a college girl, June Haverhill, who for practical experience masquerades as the maid, Ellen, who has eloped. The cast which. has. been selected to act the play is composed, of Elsie Kennedy, Nellie Bevens, Hazel Smith, Wesley Binko, Walter Heyne, Harold Hibbard and Hugh Gaw.

With Chester Drummond and Henry Tabor, 08 managers of the play, senior class expects to make his the success ever staged by the biggest high school. WINSLOW-WARNER. At high noon yesterday, Thomas Winslow of Clancy and Miss Frances V. Warner, of this city, were united In marriage at the parlors of the Baptist church, the ceremony being performed by James F. McNamee.

Only the Immediate friends of the contracting parties witnessed the mony. Mr. Winslow is a prosperous farmer in the vicinity of Clancy and the bride 18 one of the best known piano structors in the elty, MYLES WANTS $500 DAMAGES WINNTON NALOON MAN CLAIMS HE WAS INJURED TO THAT AMOUNT BY I. R. EIDELL BAD FAITH IS ALLEGED Charged That Defendant Agreed to Dinmiss Suit Brought in Justice Court, and Allow Plaintiff 90 Days to Pay Up, Then Went to Court and Claimed Judgment by Default.

Charging that I. R. ICidell, manager of the Helena Adjustment company, by fraudulent actions, caused Judgment by default to be brought against him by Justice of the Peace 8. W. Langhorne.

March 6, for damages In the sum of $284.48, R. D. MylCH, the Winston anloon man, yesterday Instituted suit In the district court for damages in the sum of $500. case grew from the cane of R. D.

Myles against S. W. Langhorne and the Helena Adjustment company, In which case a writ of certiorari, signed by Associate Justice of the Supreme Court William Holloway, WAR served on the defendanta. That was on April 2, and on April 1 18 judgment favoring the defendant was granted 11: the district court by Judge J. Miller Smith.

The question at issue in the case was as to whether or not a justice of the peace was going beyond his jurisdiction in serving papers for ages on a person living in any other county than Lewis and Clark. In the complaint it is recited that a summons demanding Myles to appear before Justice Langhorne pt the hour of 10 a. March 6, was served on the Maintiff February 28, by Charles B. Doggett, sheriff of Broadwater county, and that on March 5 Myles left Winston and before 10 o'clock the next morning encountered Eldell in his office in the Pittsburgh block, and In talking matters over with Eidell was led to believe by the defendant that he would go to court and have the case dismissed and that the case could then be settled out of court. The plaintiff also alleges that in talking with Eidell before 10 a.

m. March 6, it was agreed by the defendant that he would have the case dismissed and give Myles 90 days in which to pay the bill of Instead of having the case dismissed, the plaintiff further alleges that Eidell deliberately went to the court of Justice Langhorne and wrongfully obtained a judgment against Myles, by default, and by fraudulent management had Langhorne prepare a transcript of the in the case to collect the proceedings $284.48, and with said transcript in his possession went to the clerk of the district court and secured papers of execution; that with said papers of execution Eidell fraudulently caused Sheriff Doggett to make a levy on the property at Winston by virplaintiff's tue of the execution. alleges that on account of his Myles property being under levy and on account of the inconvenience caused by fraudulent acts of Eidell, he has the damaged in the sum of $500, for been which he asks judgment. Attorney E. A.

Carleton represents the plaintiff in the action. TWELVE BOTTLES MADE DEFENDENT DOZEN QUARTS OF FIRE WATER AND H. COGER, SUED BY THE UNITED STATES. In the federal court May 21 12 bottles of whiskey will be asked to answer co-defendant with Henry Coger of as Hardin, to the suit of the United States for possession of the goods, the being alleged to have been same legally introduced into Indian tory. The question involved in this suit is this: "Is 8 town, duly organized under the laws of the state of Montana, having a local government, and paying state and county taxes, yet being located within the boundaries of a government Indian country, subject to the prohibitory laws, in regard to the use and sale of intoxicating liquor, laid down by the government for the protection of the redman." Hardin, Montana, is just within the boundaries of the Crow Indian reser- vation, and therefore ing to the officials of the Indian service, to the rule of the commissioner of Indian affairs, at least in regard to -the prohibition of the sale of intoxicating liquors.

A similar case was before tried in this court, and is now appeal, having decided in faon vor of the government by this court. called the calendar of civil cases in the Judge George M. Bourquin yesterday federal court and set for trial six of the most urgent cases, Those set were Olaf Olson against A. Guthrie Company for May 22; C. A.

Mullen, against the Chicago, Burlington and Quincy Railway company, for May 23; John J. Carroll, against Columbia Construction company, May 25; E. B. Clark and others, against the Billings Land company, May 27; E. W.

Crellin and others, against the City of syth, for May 24; and the United States against 12 bottles of whalky and -H. Coger, May 21, IRISH HOME RULE. London, May a house very sparsely occupied the home rule bill debate was resumed in parliament this afternoon. James H. Campbell, former attorney general for Ireland under the unionist administration, opposed the bill and Sir Rufus Isaacs, the attorney general, spoke in its favor.

TWO MORE SENTENCED. Niek Pfeffer and Pete Matt Plead GullReceive Punishment. In the federal court yesterday, 'two more violators of the dry laws governIng Indian reservations and the Indians themselves, pleaded guilty and took their sentences. Nich Pfleffer pleaded guilty to selling whisky to an Indian at Lupuyer last summer and was sentenced to serve 90 days in the ty Jail and to pay a fine of $100. A P'ete Matt pleaded guilty to a charge of Introducing liquor onto the Flathead reservation, but put up as an excuse that he had merely carried the "booze" around with him, and had not used it the reservation, thereby getting around the term "Introduced." The court, however, held that the law did not recognize him distinction and that having the liquor In his possession while on a reservation was against the law.

A sentence of 60 days In the county Jail and a fine of $100 wam Imposed. TESTIMONY IN ARCHIBALD CASE (Concluded From First Page.) May had not spoiled the deal I might have concluded it. I offered It for $20,000 afterwards at a $12,500 profit." "Who was to get the money?" "Judge Archbald and myself, $6,000 apiece." "Was the deal afterwards negotiated?" "Yes, Judge Archbald negotiated a sale with Mr. Conn, vice president of the Laurel line, the Lackawanna and Wyoming roalroad." "Did Judge Archbald give you a letter to Mr. Conn?" asked Mr.

Clayton. "Yes." "Why was the deal not mated?" asked the chairman. "Why, because Captain May halted It. He made the titte doubtful." Representative Sterling of Illinola. questioned the witness about negotiations for the Culm option with the, Captain May of the Erie Mr.

Williams' first visit to May. "I told the Judge," said Williams, "after I had seen May, that I did not think I could get that part of the Culm and Judge Archbald said: 'I'll see about it. I'll see Br. Brownell, counsel of the Erie." "Did the judge tell you he was going to New York to see Mr. ell?" "No, but Some time afterwards the judge told me he had ceen and that I was going to see, him and that the deal for the Culm would be given." "Why did you offer Judge Archball a half interest in the Culm property? asked Mr.

Norris. "Didn't I have a right to do it?" "Yes, but did you think he could help you get the property?" "Yes, he was going to help me "In that assignment contract why did you refer to Judge Archbald as a 'silent "Well, I thought perhaps it was not lawful." "What was not lawful?" "To use the judge's name. I thought it wag not lawful for a judge to. be in such a deal." "Had you talked to the judge about it "I don't think that I did." "Who wrote the paper in which the 'silent party' appeared?" "Bill Boland wrote "Did the judge know that you had given that kind of a contract?" "Yes, I told him about it." "Then he knew his name was not being used?" "Yes." "Did he ever tell you that you had better use his name: that there was no reason to cover it up?" "No, sir." DEMOCRATS CALL THEIR PRIMARIES COUNTY CONVENTION WILL BE HELD IN THIS CITY ON AFTERNOON OF MAY 27. The democratic county central committee, enthusiastic in the prospect of a certain victory in the approaching campaign and harmonious regarding all matters of party procedure, met last eevning in the law office AtI torney McConnell and issued a call for the democratic primaries and county convention which will select the county's quota of 27 delegates to the state convention to be held in Butte, May 29, The meeting was largely attended, many of the committeemen from.

outside precincts being present in addition to the city members. It was decided to hold primaries on the evening of May 22 and a county convention on the afternoon of May 27. The apportionment for the convention was fixed on the basis of one delegate! for each nine votes or major fraction thereof cast for Charles H. Hartman, the last democratic candidate for congress. The same apportionment will govern for the fall nominating convention, the date of which was left to the discretion of County Chairman ney Miller.

DEEDS FILED, Deeds for the transfer of the fo)lowing parcels of land were yesterday filed for record with the county clerk and recorder: Rudolph Lange to the Sun River Stock and Land company, the southwest quarter of section 29, township 21 north, range 8 west; consideration, $1.00. George W. Sproule to Cary 0. Teg(nell, -lot 19 in block 6, of the Bassett addition; consideration, $1.00. CARRIED GUN DURING TRIAL GEORGI R.

WOODWARD, HAD VOLVER IN TROUSERS WHILE To BEFORE COURT. PLEADED HIS OWN CASE Charged With Padding Consum Retime Missoula Man Declared That Hie Action Was Taken at the Request of Chamber of Commerce With the Sanction of the City Chief, After appearing in court, pleading him own case, being convicted and tenced, George R. Woodward yesterday surrendered his -45-calibre revolver, which he carried in the waist band of him trousers, to the United States marwhal and went to the county' jail to serve out his sentence of 24 hours in confinement and fine of $100. Woodward WAR charged on five counts with padding the census recorda of Missoula, which heturned in and with collecting larger feen than he wan entitled to according to law. When he appeared in court yesterday morning, he had no counsel to sent him and when asked it he wished counsel appointed he replied that he did not, that he would conduct his own case.

Blames Commercial Club. Witnesses for the prosecution stated that no such street number existed as one which was entered on the defend. ant's records. The books themselves showed that over 80 people had been recorded from one house of eight roome. Despite this testimony, the case of the prosecution was not a very strong one until the defendant himself told the court the exact facts in the case as they appeared to him, According to his story as he told it to the Jury he had not sought ot pad his census roll, either to boost the population of the town or to Increase his but had accepted names made out pay, by people employed by the commercial club, on the assertion of the president of, that body.

that the division census supervisor had sanctioned that method of procedure. In his address to the jury. Woodward said: "Gentlemen, and your honor, I did not plead guilty, the same as Mr. Allen who is now in jail did, because I am I have done nothing of not guilty. which I am ashamed.

When they me to come over here and plead guilty, I am not guilty and I will I said not that I 1 am. I will go before the say court, and if they And me guilty I will take whatever punishment they see fit, but I will not say did a thing which did not do. think, gentlemen, that I "Do you those names in that book would put for the paltry $6 they would bring me, No. sir! I would not. To me, gentlethe taking of that $6 from the, men, would be as great a crime government as to take $6,000 from the government.

gentlemen, the serving of And to me, hour In jail is as much of a disone the serving of one year. I grace a8 have lived in Missoula for many years, gentlemen. I came to this country In 1879 and never in all of that tinfe has ever dared to call the name of anyone George R. Woodwtrd "dishonorable" or called him dishonest. I thank you." Judge Bourquin read the law erning census enumerators to the Jury and instructed that they should not take from the fact that the defendant had not taken the witness chair himself, that he had no good defense: also that if they found the defendant guilty of placing names on the rolls, which he did not know were bona fidef that they should find him guilty.

After being out about half an Hour, the jury returned a verdict of guilty on four of the five charges, but not guilty of negligence of duty, as charged in one of the counts. The jury, however, recommended the defendant to the merey of the court. After waiving the statutory time for sentence, Woodward was sentenced by Judge Bourquin to 24 hours in the county jail and to pay a fine of $100. calm Members of Jury. The jury which decided Woodward's fate was composed.

of. William J. Hieber, W. T. Hull, G.

Dyll, W. G. Brown, C. Hedges, Frank Loiselle, 1. Fred W.

HIll, Preuitt, G. J. Joyce, J. D. Gokey, H.

Cram and G. W. Kinney, JOHN ELLIS GETS ONE YEAR IN PEN FORMER JANITOR OF HOLTER STORE PLEADS GUILTY TO THE CHARGES OF LARCENY, In the district court yesterday afternoon, John Ellis, colored, who was arrested some days ago by Deputy Sheriff Rolla Duncan on a charise of stealing many revolvers and other small articles of value, -M. Holter hardware store, where he was employed as janitor, pleaded guilty to charge of grand larceny, and sontenced by Judge Clemente to serve one year in the state prison at hard labor. Ellis appeared with C.

A. Spaulding. his attorney, and after the negro had pleaded guilty, Mr. Spaulding In brief asked the court that the sentence should be light, arguing that, until his recent trouble Ellis had always been known as an honest man and for many years had been most useful eitizen In this city, where he wan raised and at one time went to school. FIVES YEARS FOR FORGER.

Santa Ana, May R. Stock was sentenced today to serve 10 years at San Quentin prison for forgery, He is said to be a paroled convict from the Washington state penitentiary at Walla Walla, PARE.