Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1893-05-18
RANGE RIGHTS.
Particulars of the Killing of z. H. Cooley
by T. A. Barney on the MusselsheIl.

fallculars OF tne Mining OF Z. ID. cooley
by 7. A. Barney on the MusselshelI.
The Billings Gazette of the 18th
inst. contains the following particu-
lars in relation to the killing of E. III.
Cooley, as obtained from Sheriff Ram
say of Yellowstone county:
Barney was grazing a band OF sheep
on Buffalo creek over a range claimed
by Cooley by right of priority. Barney
had refused to drive the sheep off be-
fore this and a day before the
ter Cooley had driven his sheep in
with the intention of preparing for
lambing and evidently hoped to crowd
Barney's sheep from the range. On
April 80 Cooley went to Barney's
herder and threatened that he would
make it uncomfortable for Barney if
he did not move the sheep. Barney,
when told, said he would corral the
sheep the next night and went out in
the morning TO prevent Cooley from
DIGGING the sheep. Barney carried a
s~ix-shooter in his belt and had a rifle
on his saddle. The sheep were turned
out the next day and driven near to
the place where Cooley was killed.
and his herder were with them. Cooley
whistled his dog onto Birney's sheep
as Barney went forward to meet him.
They engaged in an excited CONVERSE
ton, Cooley telling Barney that the
lambing camp was his and he had got
to get out of the way with-his sheep.
Both threw their coats and Cooley
picked up his sheep hook Immediately.
Here there is a disagreement, Steven
son alleging that Cooley had the crook
in his hand, Hamblin stating that
Barney took a shot at the dog which
Cooley had set on to the sheep, and
that Cooley then reached back and
grabbed for his crook but instead.
found the herder's rifle in his hands.
Then d shot was fired by Barney
which struck Cooley in the leg; they
were at close quarters, for Cooley was
too close to Use the rifle and struck
Barney over the head with it, inilict-
ing a sever hurt. Both struggled for
possession OF the pistol then, and
when 1T was again discharged the
bullet found it's way to Cooley's heart,
killing him almost instantly. The
herders came near having Il row, but
Barney told Hamblin that he did not
want to do him an injury and that he
had a shot In him, too. At that time
Barney thought he had been shot, evil
IDENTIFY the blow over the head was re-
ferred to. Cooley's gun was u single
shot rifle and Barney had "a six
shooter of large calibre."
The jury rendered a verdict in ac-
cordance with the above facts.
"Of the two men Cooley was larger
and heavier; both had expected
trouble and were prepared for it.
Cooley was a married man, had a
wife and two children; he had been in
Iuc suetp puoihcco iOi o uiiioc VI
years and had occupied that range
for several seasons past, but it was
public domain. II. A. Barney is an
understood man of about 80, unniar
ried; he and his brother have sheep
on shares from Oscar Gruwell. Both
men bore good regulations and the
fatal combat Is surprising. Barney
left the scene of the killing, went to
camp and started next day for Bill
ines with the intention of surrendering
himself to the sheriff. Henever reached
the county seat that any N is aware
OF and the sheritf's officers are mysti-
fed, having never for al instant
doubted the good faith of the man.
1t is barely possible that Barney did
come to town and from hearing con-
versation on the street relative to the
killing and denouncing him, not being
known here, weakened on his purpose
and skipped out for parts unknown.
Cooley was a good customer o. many
Billings firms, and the esteem in
which he was held here caused some
talk not at all favorable to Barney.
The sheriff's office has t~eleeraphea far
and near concerning Barney's arrest,
if he be d fugitive, and he may find
himself in the tolls after ALL"