The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-12
THINKS Of his CHILDREN
An Aged Convict at Deer Lodge
Who Asks TO Be Re-
leased.
He Killed q Man In Silver Bow
County in Self
Defense.
Like the Majority Of the D~'ficultios be-
tween Montana Ranehers, Water
Caused II.

Charles A. Clayton. = man 60 years old.
who is in the p%snitentisry at Deer Lodge
under a fifteen years sentence for killing q
man in the southern part of Silver Bow
county. IL making n Ut onR effort for exscu-
two clemsnoy. He makes . statement to
tho board of psrdons which places him in
tho attitude of ons who acted in self do
fense. According to his statement he came
to Montana In 1879. locating on . ranch in
the southern part of Silver Bow county.
He had eighty acres IN a creek. forty-hvo OF
which were under cultivation. and this no
held by the right Of occupation, II being
unsurveyed. In . few years he had ao-
cumulatsd sufficient to DO able to make a
good living and enjoyed the good will and
es pect OF all with whom he came in con-
tact. and was friendly with everybody.
About this time u. G.. MadduI, who lived
five miles from Clayton claimed to have
had a horse killed in the neighborhood. and
of which Clayton says he knew nothing.
Naddux rode up to Clayton's house and,
d awin9 q pistol, accused him of being the
person who killed tho horse, and
threatened his life. Clayton succesded
in convincing Maddux that he
was mistaken. Clayton says this was the
only incident of an offensive nature be-
tween Maddux and himself until tn &c
years later when Maddux moved onto the
| creek three miles below him, when the
question of water privileges for irrigatinR
purposes came up between them. Clayton
acquired his right by purchase and con-
slant use dating from 1882. Madduxc COM
msnoed to dispute Ola, tons title and
ANNOYED him in every conceivable way,
Is about him, to which for the sake OF
peace, Clayton paid little attention. Clay
toms wife died and after this Maddu1 be-
came more abusive and persuaded Clay
toms herd boy to run of with q horse.
Clayton says he intended to prosecute
Maddux for aiding and abettinR the boy.
Hearing of Clayton's intention Maddux
went to his house and again Threatened him
drove out Of his hay field on his moving
machine and was putting up the bars when
three men appeared In q heavy wagon.
They were Maddux. Z Nelson Peter
son and James Powes 6. Peter
son had pistol p, and started
! ing for Clayton in the hay field. Maddux
had a shotgun and he commanded Clayton
to throw up his hands. Clayton appealed
to him to desist, but it WAS useless. The
gun was levelled at him. Clayton stepped
back to the rr1r of the mower and seized a
pistol which was in the pocket of his coat
| on the seat, and fred as Naddux ap-
preached. The latter fled and fell a short
distance away. While this was going on
Powers was throwing rocks at Clayton,
who got under the mower after shooting
Maddux. Powers secured the gun and
showed it into the mower. Clayton could
only see his hands and fl cd at them. The
gun dropped, and Clayton came out whenit
was discovered that the gun was out OF order,
which probably saved C%layton's life. Peter
son. who had gone after the man In the
hay field, ran away when he saw Naddux
fall.
After the shooting Clayton went to where
Maddux lay and oun him alive. Maddu1
said he was to blame and asked Clayton to
either finish him OF take him home. Mad
dux died soon after and CLAYTON gave hin
self up to Sheriff Lloyd and was tried, con-
victed and sent to Deer Lodge for fifteen
yea 8. He says in his statement that Il
might seem strange for a farmer to carry 4
pistol about with him on his moving ma.
chine. He explains this by saying tina.
papers relating to his water claims hac
been stolen from his house, After this ht
slept at his ore camp, three milss from the
ranch, where he had protection. Clayton
sent a sketch of the soene of the shooting
along with his statement, which clearly
represents his version of the affair. II,
W nts to get out of prison and eduoat,
without parental care. Clayton WAS borl
in Louisiana and fought on the Union side
coming west in 1866. He claims to hav,
acted in self-drtense and that Petsrso,
and Powers perjured themselves at hi
trial.