The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-01-19
TO BE TRIED FOR MURDER.
a Peculiar CrtsoiUal Case ia the District
Court NJ Mb-sAula.


special Correspondence of the standard.
MissoUL.A, Jar. 1s.-The decision of the
supreme court affirming the validity of
the finding of AN indictment ny the pres
ent grand jury of seven regardless 1T
when the oiIense was committed brings
before the public once more the case of
the state vs.. WininHcr and Allen, charged
with causing the death Of one Schryver hy
poison i'm the Flathcad Lake country ON
the third day of Octotcr, lsso. This was
the point raised by the defense in n de-
murrcr tai the indictment and fully re-
ported in the STANDARD at the time.
Both defendants hail from the same town
ship in Kentucky as Governor Leslie and
are well connected. TIE STANDARD cor
respondent called ON Lawyer Greer. of
Kentucky, who il here in their interests,
and asked him for "a history of winin-
ger, which he readily consented tn
give. Mr.. Greer's story is as follows:
Mcclellan Winnigcr is abour ~ years old.
and a. native Of Glasgow, Ny. He il well
languages. being a graduate of the Gias-
gov normal school. lie was principal Of
the h,-ewsll Institute, in that locality: for
the purpose of reading law at Glasgow.
La the TALL of iss9 he came To Helena and
worked with Wade N Wheeler. county
surveyors, until January, lsss, when he
was appointed ny Governor Leslie as one
of the guards at the Deer Lodge p.nitcn-
tilry "a position which he held until the
administration changed. tp tn this time
he had saved about $i.uu, and deter
hiIit w ttht ttb ~ tttt u Wfft UP III
the fIathcad lake country. and after in
v~estigatiug n good deal. lac decided tn lo-
cat. al, some ~unirnprov'i Land near the
river. AMI He'd his declarations
accordingly. lie also notified his friend
Allen, then i'm Heiena, that he had io-
Gated enough of land for both.
Here IL wticr,, his trouble began. IL APP
pears that "a party named Frank Way had
laid claim to several thousand acres of
land in that vicinity and held il on the
principal that might makes right" and
10y threats had succeeded in his purpose
for years and even sold some Ranches, ar
rather his good will, amongst them one tai
Thomas Gardner, whose sworn statement
of what he alleges were the dying
Winniger and Allen. Way and his faction
repeatedly notified the new arrivals that
If they would not vacatc their claims thai
trouble would surely ensuc and that they
,Winuigcr and Allen would be among
the slain: Nevertheless they Were, concious
concedc to the anreasonabIc de.
mands Of their enemies and continued
To reside ON their claims. Their fences
were repeatedly torn down. and one day
der,si hum ,o dc~i.t. Way attempted tn
him down and disarmcd him. After this
Way never intcrfcrs-d with their claims.
Everything was apparently tranquil and
they had hopes that tho trouble WAS all
over. On the evening OF October 8 Mr..
Winnigcr was preparing "a speech to de-
i~nstitute al Dom.rsviiic when a neivhlor
named Fred Marvcns tiropped III aud TOLL
Winniger that Thomas Gardner had told
him that dos. Schryvcr was dead and that
Winnigsr had poisoned him. WiuuiRs.r
proclaimed Garlucr's statement as
"a malicious falss.iIood and -traightway
went to G.trsiuer's house where Shryver
was lying dead. Gardner was absent
and some time during the night returned
but refused Ia make any statement of
what he claimed Ia know about Schryvcr's
death. The following day Winiigcr and
Allen were arrested and taken to A-hiy.
After a. coroIisr's jury had remained two
days viewing tis. dead body without n post
mortein examination they returned - YER
,lict, on the sworn statement of Gardner,
that Schryvcr came tai his death 10y poison
received from Winnigcr. A complaint
was then sworn ont against Allen and hs.
was ~takenbcforc AN eNamiuinx magistrate
and discharged.
A post mortcm examination was subsc-
.lucntly held i'm Missoula and stryc mine
WAS found in the stomach Of the dead
man. Allen was again arrested. Both
men were Indicted 10y the grand jury.
Garlncr's = tatsIncnt il hat SchryvcI
hailed him as hc was driving a
team towards home and requested
him to convey him there hut be
fore lac reached there SchryvcI
harness the horses. Greer alleges tina
the team and wagon were. facing in tlis
opposite direction from Garincr's ho,ss
and all indications point tai the fact tina
Gardner wa, going IN AN opposite dircc
ton from which he swears he was.
The defense claim they will not be- sat
, isfied with the acauittal OF their clients
but will take immediate steps tn havs
Gardner arrested a. the party who did tn
poisoning. They have had men workin,
: that they are now in possession of cvi
denc', tn say III" least. very encouraging
NOTES FROM ISSoULA.