Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-01-29
THE DISTRICT COURT.
Proceeding of the seventh Day.


Writ Of habeas corpus filed In the
case Of the State W.. Jones d. Hicks.
asking release of said Hicks from fur
ther imprisonment under the sentence
OF three months imposed by Harold
Brown, justice Of the peace, defend
ants attorney claiming that said JUS
tice had no jurisdiction In the cssa
County Atty Ross being present and
making no opposition, the petition
was granted, and IT wss ordered by
the court that said Hicks he dis
charged from the custody Of the sher-
iff. 30 far only ss relates to commit
ment Of Justice Brown.
Sheriff ordered to produce 10 court
all the defendants held by him under
indictment.
No. 'l56. State vs.. Schultz. demurrer
to Indictment on the ground that Il
charges more than "ne ofieuse snd Is
ambiguous. Argued and submitted.
Taken under sdvisempnt. Overruled.
No. 2l53. State W. Cutler. demurrer
on same grounds a. in above ease.
Filed and submitted without argu-
ment. OverruIei.
No. ll54, State VS.. Villler, demurrer
10 indictment on the ground that IL
does not charge public offense. filed,
argued and submitteI. Overruled.
No. ll5l, State VS.. Roberts, defsnd-
ant dered produced In court 10 plead.
Demurrer tn indictment filed. argued
and submitted. Same grounds as last
above case.
Court adjourned until l:S0 p. m.
AFTERNOON PROCEEDINGS.
Court opened at l:3C p. m.
No. 1l44-By agreement OF sttornsys
defendant has until Feb. S, 1890, to an
swer.
Pleas Of not guilty entered In 1856,
State VS.. Schultz. State Va. Arthur
Cutler. and State vs.. Ella Villier. The
trial If Schultz, Cutler and Villier set
for "wednesday, Jan. %.
State VS.. Brszier, jury called and de
fendant brought into court. The de-
tense In this case was ably handled by
c. r. Middleton. The prisoner hadn't
ghost of q chance in the face of the
testimony produced sgainst him, snd
nothing, II IL generally iel', can save
his neck except latent "c,nscieptious
scruples' in the minds of some Of the
jurymen sgairst condemning q fellow
man. Bri.fly told, the story Of the af.
fair ~ related by the three witnesses
for the prosecution. whose evidt nee
was 10 no wise contrsdic,ed by the
defendant himself in any important
d.tsil, Is as follows:
Brazier and bis victim, Harry
Brown, were employed, Brszier as
horse wrsngler and Brown a. cook, by
Frank O.burn In what is known a.
the 70 outfit. On the morning of
July II, 1889, the outfit camped about
our miles southwest Of PowderviIle
aud after indulsing In various ard
several drinks Of "rock and rye" Of
which they had purchased q quantity
as they came through Powderville,
partly by general contribution and
partly by shaking dice for II. Brazier
objected to Browns 30 frequently call.
ing the boys who were in camp. up to
drink, saying that the boys who were
then out with the herd would soon be
In aud would want and ought to have
their share Of the liquor. This oh ec-
tirn by Brazier brought ON an alterca-
ti,n between the two which rcse by
the gradual and usual stages. by their
calling each other liz 9, then blanked
liars, blankety hlanked liars. ETC.. etc..
until II finally eliminated In Brown
applying an epithet to Braxier which
the latter said he could not and would
not stand, and told Brown TO retract
n. This Brown refused to do and
Rrasier arose from his bed where he
had been lying, walked to his horse,
which was standing about Is or 20 feet
from the mess wagon where the alter.
cation took place, took his six. shooter
from the saddle pocket and came back
toward the meas wagon, where Brown
still was. telling Brown that he must
take hack Oh offensive epithet, which
Brown refused to do. Two shots were
then fred by Brazisr, the drst Il
which none Of the prosecuting Wit
ue.ses could give very clear account
Of, but the second, all agree, struck
Brown Just over the right eye and ives
toe cause OF his Immediate death. linz
medIaiely ON the firing Of the nIst
shot Brown sprsng toward Brsisr
with cuutreschsd hand and xss neer-