Great Falls weekly tribune., 1896-09-11
CHARGED WITH AWFUL CRIME
William Mcmillan on Trial in the
District Court, Charged With
Raping a Child.
Little Mary Augustine, the Victim Of
Some Mans Brutality, Tells
Her Story.

In the district court yesterday morn
ing the case OF the State of Montana vs.
William Mcmillan was called for trial.
The defendant, who is married man,
about 30 years Of age, residing on H. o.
Chowen's ranch, near Priests crossing
of Sun river, is charged, in an informa.
tion filed by County Attorney Freeman,
with the crime of rape, alleged to have
been committed Aug. %, 1896, when, it
is alleged, "in and upon one Mary Au-
gustine, then and there being a female
child under the age of 16 years, to wit,
of the age of 8 years, defendant did make
an assault, and her, the said Mary Au.
gustine, then and there feloniously did
rsvish and carnally know"
The prosecutrix is the daughter of q
rancher, residing across the river from
defendants residence. She is very
bright for her age, but is rather under
sized.
County Attorney Freeman and his as.
sistant, Sam Stephenson, prosecute and
Stanton g. Stanton defend.
The penalty for the crime charged is
imprisonment in the state prison for not
less than five years.
Considerable difficulty was experienced
in securing jury and it was necessary
to issue special venire, but at 2 p. m.
the following jury was sworn to try the
case: Owen Roberts, mason, Great
Falls; M. Phillips, saloon keeper, Great
Falls; s. B. Forster, stationary engineer.
Great Falls; j. G. Taylor, rancber, Truly;
J. A. Conrey, rancher, Cascade; j. A.
Gockstetter, hotel-keeper, Great Falls;
y. g. Edwards, salesman, Great Falls;
F. L. Smith, plumber, Great Falls; j. N:
Largent, rancher, Ulm; s. M. Dodd,
rancher, Logging Creek; Judson Bur
rows, rancher, Great Falls; and A. P.
Diamond, rsncher, Truly.
The first witness was the proeecutrix,
MARY AUGUSTINE.
She was perfectly cool and at ease on
the stand and replied promptly to all
interrogatories, in firm, but childish
voice.
After detailing the circumstances Of
being invited to spend the night at Nc
Millsn's house, che continued: l slept
on cot in the front room, which opened
into the room occupied by defendant,
bis wife and their little con; the cot was
close to the door between the rooms and
wae against the partition against which
the bed in the other room sat; wore
my petticoat and shirt; sometime during
the light I was awakened and found de-
fendant on my cot; he said that if
made any outcry he would choke me;
then he assaulted me, after which be re-
turned to his own room; was compelled
to go outdoors, and when l returned,
found Mrs. Mcmillan in my room, and
she removed my cot to her room; went
to bed again. but was compelled to 90
outdoors thrice more; slept some after
the assault; in the morning, Mrs. Nc
MILAN put my petticoat and shirt in a
barrel and gave me others; she washed
mine out; there was blood on the
cot petticoat and shirt; after
washing the garments, Mrs. Mcmillan
scrubbed the floor, which was bloody
from my cot to the door; during the
morning defendant took some potatoes
and carrots over to our house, at the
dinner table cried; l had cried during
the morning; IN the afternoon l waded
across the river 10 my nome, taking my
ciothes IN my arms and wearing those
that MRS. Mcmillan gave me; across the
river l met my brother and Walter
ePialn' VINO were wadlng there; l took
OH the petticoat that Mrs. Mcmillan had
given me ana threw it into the river;
then went to our house alone, at home
l told what the defendant had done; the
next oay mother and l came to Great
Falls and l was examined by the doctor
Crcss-examined, witness said: we
came to Great Falls in the morning, l do
not know at what hour; two doctors ex-
amlneo me; 90 not know what they
did; was IN the doctors office about an
hour; when l went down to the river
the day after the assault, went because
saw the boys on the other side; wae
not bleeding at all in the morning after
the assault; cried because l could not
go home; mother and father were al
Great Falls when l got home; mother
told me just as soon as got home tina,
she did not want the potatoes and car.