The Dillon tribune. [volume] (Dillon, Mont.) 1881-1941, 1886-11-19
THE,
RE-ARREST OF HAROLD
SCHENCK.
.'e ~ "ifen New Hearing before Judge
Holden.

-'e 'S"iNen New Hearing Before Judge
Holden.
Our readers will remember that on the
3ra OF November. there occurred at Birch
Sfeek terrible tragedy--the killing OF
rh''ibert Slosen by Harold Schenck-the
particulars Of which, with the testimony
taken at the coroner's inquest, were given
IN The tribune Of last Friday week.
ochenck was brought to Dillon on the day
OF the shooting, and on tine morning of the
following day waived his examination be.
tore Probate Jadge Mead who bound him
over to await the action of the Grand Jury,
on the charge Of mauslaughter, fixing his
bonds al $4,000, which was increased by
Sche"ck's LAWYERS to the amount OF $4,000.
Mr. Schenck has been in town ever since,
ready at any time to stand trial.
The ranchmen Of Birch Greek organized
a "Committee OF Peacc"--an account OF
which as reported by the society's secrt-
t"ry has also been given by the TRIBUNE
-and at their second meeting last Sunday,
considered the matter of the shooting, and
thinking that the ends Of justice had not
been attained by the release OF Schenck on
bonds, instructed Fred Hopp who was an
eye witness to the shooting, to swear out a
complaint against Schenck. Mr.. Hopp
accordingly came to Dillon, and on Mon.
day swore out, before Judge Holden, the
complaint charging Schenck with murder
in the first degree. In the afternoon
Schenrk was arraigned before Judge Hol.
den and committed to Jail to await his ex.
animation which began at o'clock at the
Court House, Mr.. Barbour conducting the
prosecution, and lawyers Gabraitl,, Smitl,
and Melton appearing for the prisoner.
Judge Galbraith motioncd for continu.
ance to Tuesday next. on the ground tina,
the defendants council had applied to the
Judge of the District Court for writ OF
habtas eoyf~s, which had not yet been re
ceived. Judge Holden overruled the mo.
ton.
Fred Ilopp was sworn, and testified
His testimony was substantially the same
as his testimony given at the Coroner
inquest which has already been published
in full in the TRIBUNE. Witness had seer
the shooting. He with Ozias Willis had
Philibert Mosen in custody when the
shooting occurred. He went into Axe.
house and found Axe lying on some bed
ding on the floor. Asked Schenck how
Axe was. Schenck said that he was dying
I told Schcnck that we had the prisoner
1t was but few minutes afterwards tina
Mosen was shot. Mosen and Willis cam,
in. Mosen wanted pair OF gloves which
he said he had left in the room. tole
Mosen to 20 on with Willis, and l woult
get the gloves. started to 80 into lh
room where the Frenchuan said tn
gloves were. As ! turned around to asl
Schenck if the gloves were Mosen's
Schenck raised the gun TO his shoulder
| said, For Gods sake don't do that, AM
just as spoke the gun went Off Mose'
threw up his hands, fell back against tn
table, rolled on the floor and never spok
again. Mosen was about to go out OF til
door when Schenck fired. Willis was tw
or three feet in front of Mosen. Nose
was shot in the back. Schenck gave IN
the gun and two pistols which he had npo
his person. The gun and pistols wer
shown the witness who identified then
The witness said he examined the gu
after the shooting and both barrels wer
empty. Schcnck said he had shot III
right barrel. Schenck did not seem to
excited. He seemed to be sorry abo,
something. Schenck made some rema'
about Mosen's "threatening to kill all (
u.s.. Witness had known Mosen all III
summer. Before the killing, witness ha
conversation with Aloscn about Schenc|
on the first day OF November. lie spok
we'll of the two Schencks and said the:
would be no trouble ii it were not for AN
Alfred Bo .man was sworn and test
fled. Res; at Birch Greek, Beaverhe'
Co., Nor is acquainted with llaro
S.hcnck I'd was with Mosen. Sa
Mosen on the end of November ct Norri
, ranch. Had conversation with him G
the md of November at Norris ranc
r Mosen told me that if they, meaning II
. two Schencks, did not pay him that $50
: he would kill both OF the SIS OF b
: This on election day. l was at Axe
! rauch on the 3rd day O! November. | sa
! Philip Mosen about nine O'Clock in II
I morning. lie was running from the hou
> and Harry was coming from the corr
= They were two hundred yards apart.