Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1891-04-30
TROUBLE OVER A WATER DITCH.
1t Leads to the Shooting of Charles N. Kelly
by w. H. Limburger.

About $3.50 last Thursday afternoon
w. Fl. Linberger rode into town at
a rapid gait from his ranch at the head Of
Boyd creek. He came in to surrender him
self to the sheriff, stating that he had shot
Charley Kelly. He was soon followed by
George Kelly who came for a physician.
News OF the affair circulated rapidly and
soon a number of teams were en- route to
o. W. Kelly's ranch. At the time neither
George Kelly nor Linberger were able to
state the extent of the injury inflicted.
Upon the return of those who visited the
ranch it was learned that Lineberger had
shot young Kelly with a shotgun at a dis.
tance of about ten feet and that the charge
had taken effect ina the thigh of the left leg
near the groin, inficting a terrible wound,
the charge, No. 3 shot, having taken with
it a portion of the clothing. A representa-
tive OF the ARGUS visited o. w. Kelly's
ranch near the head of Boyd creek ON Fri.
day evening, and there learned from Harry
Mills, who was a witness to the shooting.
the following particulars, which are also
co~rroborated by o. w. Kelly and his sons
in every material point.
Mr.. Mills said that on Thursday after
noon he was engaged with Mr.. Kelly and
his two sons in cleaning out the irrigating
ditch on w. H.. kellyls ranch. A portion
of the ditch passes through a small strip of
land claimed by I.imburger and it was
while working on this part ofthe ditch that
Mr.. l.ineberger appeared on the scene with
"a shot gun in hand and ordered them all
of the land, emphasizing his order by level
ing his gun at them. Mr.. o. W. Kelly tried
to reason with him but he would not listen
to any proposition. He then placed his
gun in his house near by and went above
where the kelly's were working and turned
the water back into the main creek by MAX
ing a da N. Returning to his house Line
berger ordered his hired man to get his
horse and saddle it and he would go to
town and have the Kelly's arrested. o. W.
Kelly started to walk up along the ditch
when Lineberger went into the house and
got his gun again. Returning he remarked
excitedly that he had stood all this as
long as he was going to; he had the law in
his own hands and was going to use it,
With gun in one hand and spade in the
other, he commenced to tear out "a dam the
kellys had made, when Charley Kelly ex,
claimed 'Linberger, you stop" at the
same time turned facing the latter. Line.
berger stepped back ten or twelve feet from
Kelly and fired without placing the gun to
his shoulder, inflicting the wound stated
above. Afterward he cooked the other bar
rel OF the gun and exclaimed, IF you don't
get out OF here | will kill every d-m s-n o.
IA b-h OF you" He dropped his spade
and with gun in hand started toward the
house, where he mounted the horse which
had previously been saddled, rode into
Lewistown and surrendered. He was ar
raigned before Judge Brassey on Saturday
morning, but owing to the serious nature
OF Mr.. Kelly's injuries, examination was
postponed until Friday of this week.
ApARGUs reporter visited Lineberger al
the county Jail on Sunday in order to gel
his version OF the affair, but found hin
very reticent, preiering not to say anythin,
for publication.
The difficulty was chiefly over water
Mr.. Lineberger having bought w. Z. Vim
sons ranch at the head OF Boyd creek, laiC
: claim to the water. but we understand w
H. Kelly had the water-right recorded TIVE
years ago.
At last repors young Kelly was YER
weak and his condition critical, there bein
danger OF erysipelas setting in.