The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-18
FIXING UP THE TRAP
But Gay Says He'll "FoOl EN-" and
Not Hang at All.
THE UNIQUE INVITATIONS
1t IL Probable That the Execution
viii Not Take Place on the Date
Handicapped Will Be Made
to the Supreme Court.


issued his invitations to the execution
of Bill Gay and william Biggerstaff
on Dec. 20. The invitations are origi-
nal in at least one feature. They con-
tain a verse of Whittier's printed in
space between the condemned mems
photographs. The verse is as follows:
"-underneath its clouds of sin,
The heart of man retaineth yet
CLEANS of its holy origin:
And half-quenched stars that never set.
Dim colors of its faded bow.
And early beauty, linger there,
And DER its wasted desert blow
Faint breathings of its morning air.
o, never yet upon the scroll
OF the sin-stained, but priceless soul,
Hath Heaven inscribed 'Despairl'"
Neither Gay nor Biggerstaff were con-
suited about the invitations. Had they
been. they would have protested with
a mighty protest against the poetry
quoted They don't like ii a bit. AL
though they were not favored with
invitations they have read the poetry
and passed upon It,
It's all d. foolishness," said Gay
the other day in commenting upon 1t
to visitor.
And that's the way Biggerstaff looks
upon IL. too. The sentiment is alto
gether lost on them. Both hope to
disappoint those who have received in
vitations to the hanging. Gay is par
ticularly confident of getting a new
trial He has repeatedly said that a
new trial was almost a sure thing"
in his opinion. The invitations issued
to the execution have not made him
lose any confidence in the outcome, as
he sees II.
They're in a devil of a rush, II
seems to me-" he said. IT'S all right,
1 suppose, to get the gallows ready
and all that sort of thing, but this in
vitation business is a little premature.
/ don't expect to be there, myself, and
am inclined to think there won't be
any hanging after ALL
1t is the opinion of many that Gay
y is altogether too cnndden1. that he has
not sufficient grounds TO really expect
a new trial. For weeks his attorneys
have secured the country for new evil
dence to be used in an effort to obtain
another trial First the affidavit of
Juror Dorance was secured by the de-
Tense which believed 1t alone would go
a long ways toward getting another
chance to try the case. That affidavit
is familiar to Standard readers. 1t
was to the effect that there had been
misconduct on the part of the jurors
during the trial and while they were
celebrating upon a verdict. Other az
fidavits were filed of a similar char
acter.
The states attorneys sought to coun-
ter balance these affidavits with others.
Juror Dorance practically contradicted
himself in an affidavit for the prosecu-
ton. And so the affidavits piled up.
1t is believed that the defense has
gained practically nothing by the affi-
davits relative to the alleged miscon-
duct of the jurors.
In regard to new evidence perhaps
the most important are the aff1davits
secured by the defendants attorneys
from members of ex-Sheriff James j.
O'Marr's posse who swear they had or
ders to kill Gay and Gross on sight
Ex-Sheriff O'Marr swears he ordered
his men not to shoot unless the out
laws showed fight. He is sustained In
this by one of the posse who makes
affidavit to that effect.
The defense has an affidavit from A
Robertson of Livingston, who was a
member of Sheriff OMarrs posse, tc
the effect that Thomas Linton, another
member of the posse, shot into the
brush at the time of the fight on the
Musselshell between the outlaws and
the officers. 1t was inferred that Il
might possibly have been Linton's bull
let that killed Macke. Mr.. Robertson
when he read his affidavit in print
found 1t did not state exactly what he
intended, and he took the next train fol
Helena. The result is another afhdavi'
on the part of the prosecution In which
Robertson swears that Linton did flrt
into the bush, but shot into II at poin'
at least $50 yards from where Mackt
was killed.
And so 1t goes One affidavit leads
20 another until there are at present
some 25 or 30 of them. The result can
not be known until the motion for
new trial is submitted. Gays counse
concede that Judge Blake will probably
overrule the motion. Gay himself be-
lieves that will be the case; but ne
looks TO the supreme court Tor succor
That is where the fight viii be. Botf
sides have been preparing for II since
the verdict was rendered.
The lower court has already denied
the motion for a new trial in the Big
gerstaff case. In both cases the attor,
news for the condemned men will
doubtless take their appeals into the
supreme court the day before the tlm'
set for the hanging. Such an appea
preme court will then take up thu
cases. first Biggerstaffs and then Gays
and decide them. IL the Judgment o.
the lower court is sustained, all hop'
for the condemned. men VIII be gone
The lower court will resentence them
and from that there will be no appear
All that takes time, and II now appear
that neither of the executions are like
ly to take place before February, or
perhaps, later.
The codes are not clear regarding re
sentencing condemned criminals. Whei
first sentenced. the court is instructed
by law to fix the day Of execution no
less than 80 days or more than 90 day
from the day of sentence; but there i
no such provision regarding a resen
tence. II is probable. however. that IN
court. to be on the safe side, VIII NJ
the date 80 days ahead IL ii become
necessary TO resentence the condemned
Meanwhile Gay and Biggerstaff ca
three meals a day and enjoy them. an
Sheriff Jurgens goes right on in M
.,rnrnrafinns for the execution Th