The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-11
FOR THE THIRD TIME
Bill Gay Sentenced to Be Hanged,
This Time May Is.
THE PRISONERS STATEMENT
His Attorneys AIIege That There
Is Federal Question involved
An Appeal to ". S. Supreme
Court VIII Be Taken
Special Dispatch to the Standard.

I Special Dispatch to the Standard.
Helena, April 10.-Unless the gov
ernor or supreme court Of the United
states do not interfere, Bill Gay will
! be hanged for the murder of James
Macke on the Musselshell river three
years ago, Monday, May %. Judge
Blake resentenced Gay to-day i'm the
presence of an audience that filled the
court room of Department /. Gay was
permitted to make a statement He
produced manuscript which took him
/ ABOUT 20 minutes to read. He referred
10 the beginning of his trouble and
read several letters bearing indirectly
on the case. While Gay did not think
II necessary to again deny the killing
Of Macke. he closed his statement with
the words: "Solemnly protesting that
the events which resulted in the death
or Mr.. Macke do not show that / was
guilty of the crime of murder, a time
has come when / am advised by my
counsel / can give no legal reason
here why your honor should not per-
form such duty as the law imposes
upon you"
Gays attorneys allege that there is
federal question involved i'm the case
which will enable them to bring 1t be-
1ore the supreme cour, or the United
States. Colonel Sanders explained
their position in an address delivered
just before the passing of sentence
He said: Upon the examination of the
record in this case, we ascertained that
your honor instructed the jury in the
language of the code of civil procedure
as to what constituted a conclusive
presumption of law. That statute was
In the compiled statutes; but went into
effect the first day Of last July. We
presented to the supreme court of the
state the proposition that II was ex
post facto to give force and effect TO
certain facts different from the law as
II existed at the time this homicide oc-
CURED, and that therefore IL IL were
TO be applied to this homicide. IL was
ex post facto. The supreme court con-
ceding, of course, as everybody must
that II was not in the power of the
legislature to give effect to any evil
dence on the trial different from which
that evidence would have at the time
the offense was committed, neverthe-
less did not conceive that the law was
ex post facto in that, in their opinion,
such was the law prior to the first day
or July, 1895, and at the time the homi-
eide was committed.
I'VE are not satisfied with that de-
cision and are of the opinion that II
an opportunity shall be afforded the
supreme court of the United States Il
will be deemed to have been n change
OF the effect and weight of the evil
dence. which change occurred after the
commission of the offense and before
the trial. and which was applied TO the
trial i'm violation of section 10, article
!. Of the constitution of the United
States. 1t is our purpose to appeal TO
one of the justices of the supreme
court of the United States, now in the
city of Washington, for a writ of err
ror."
Colonel Sanders closed his remarks
by asking for sufficient time to present
the matter before the supreme court.
saying ii would take at least 40 or so
days.
Judge Blake then sentenced Gay,
which makes the third time the date
has been fixed for his execution.