The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-11
MOOSE IS ALMOST READY
The Sheriff Il Arranging for the
Hanging Of Shafer.
STAY WILL Be ORDERED
Although the scsfKold Ii Being Prepared
10 String UP Silver Bows Second
Convicted Murderer. He May
Get Q New Trial.

For the second timessince the organi-
zation of Silver Bow county prepara-
tons are in progress for the legal exc
cution of a convicted murderer.
Next Friday. June II. is the date set
for the hanging of Joseph Shafer. col
ored. convicted Of the murder of John
Hawkins, and yesterday Sheriff Re-
gan, in the absence of any orders to
stay the execution. began preparations
for the rection of a scaffold in the
small square enclosure inside the
walled jail yard, just off the Office of
the county auditor on the east side of
the court house. The space has been
piled full of cord wood, ana yesterday
several men N a team were put to
work by the sheriff to clear the place,
and unless an order for a stay will be
issued by the court before then. the
carpenters will be at work Monday
morning putting up the scaffold. 1t is
more than likely. however. that a stay
will be ordered, as Skaters case is now
awaiting a hearing in the supreme
court.
In the cellar of the court house is
stored the scaffold used for the hang
ing of Harry Roberts. the first exc
cuted murderer in Silver Bow county,
who was hanged nine years ago. This
instrument of death is all ready to be
put togetner. inc Sheriff Regain has
already employed a carpenter for the
work. The sheriff has been uncertain
as to his duty in the matter, consider
ing the fact that an appeal to the SUI
preme court has been taken by Skaters
attorneys, and he sought advice from
the county attorney. but evidently was
not advised to postpone preparations
for the hanging. Anyway. the sheriff
determined to be on the safe side, and
yesterday morning commenced getting
things in shape to carry out the SEN
terce of death passed on Murderer
Shafer.
Shafer himself has been getting a lit
tie nervous as he contemplated the
near approach of the fatal Friday. and
he sent out word to his attorneys sew
eral times about 1t. He was afraid
they might have forgotten him. Yes
terday his close friend, j. w. Bacher,
whJ was also held in jail because he
tried to save Shafer's neck by commit
ting perjury, approached Attorney
Noon in the court room during the
Wines Booth trial. and urged him not
to overlook the fact that Shafer was
sentenced to be hanged next Friday.
Mr.. Noon assured him that his friend
would nos hang on the date set for the
event and told him that Shafer might
calm himself. Last evening. however
Miles Cavanaugh, ShuIer's other at
torney, taking no chances whatever
wrote to the supreme court, asking
that a stay of execution be ssued
pehding the hearing of the appeal. Thu
letter was. followed later by a telegram
and a stay order is expected to arrive
. from Helena tomorrow or on Monday
I morning. 1t is also likely that a re
/ fuest will be made on Judge CLANCY
TINS morning for an order Oh the sher'
if to stop the work on the scaffold. AT
torney Noon was of the opinion tina
no stay order was necessary from thu
court at all, in view of the provisions
of section 217S of the Penal Code, which
says:
AN appeal to the supreme cour
from a Judgment of conviction stay
the execution of the judgment In al
capital cases, and in all other case
upon filing with the clerk OF the cour
i'm which the conviction was had a Ger
tificate of the judge of such court, o
of a Justice of the supreme court, ina
in his opinion there is probable caus'
for the appeal. but not otherwise
There is a question whether the sher
iff is supposed or required TO take OF
ficial knowledge of this without receiv
ing an order from the court or a Ju
dicial notice that an appeal was taken
and that it acted as a stay Oh eXecu
ton. The appeal in Skaters case wa
perfected about four weeks & an
the supreme court granted the attor
news until the 10th of this month TO nj
the briefs i'm the case. 1t is not KNOW
when the supreme court VIII be apl
To neal the case, but 1t was state
yesterday that 1t would prooap'! o
taken up before the summer vacation
Shafer and his attorneys are extremei
confident that he will be granted
new trial, but in view of the Tact tina
all the testimony for the defense at TN
former trial is alleged to have bee
perjured he will be in a rather w
ward position when ii comes 10 max
another defense.