Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-03
MURDERED HIS PARTNER
The Evidence Showed That the Victim
Was Shot While He Was Asleep
Several Other Decisions Were
Handed Down Today.
Special to the Inter Mountain.


court today decided three cases and dis
grant a new trial to Joseph Allen, con-
victed of murder in the first degree in the
district court Of Lewis and Clarke county
and sentenced to hang. In an opinion by
Justice Pigott the court considers the
three contentious raised by Aliens coun-
sci that the verdict was not supported by
evidence, that there was possible error
in the lower courts instructions and that
an error was also committed when
the court permitted the jury while
considering the case to have sent
to them to the jury room for the purposes
of examination and possible experiments
the skull of the man killed, the weapon,
the clothing, etc. The court fails to find
wherein it is shown that the verdict was
not sustained by the evidence or that an
error was committed.
Allen, who is a half breed. was employed
with J. S. Reynolds at sheep shearing dur
ing last seasons shearing season. They
worked for several ranchmen in the
northern part of Lewis and Clarke coun-
ty, going from one ranch to another with
camp outfit. July 18th they camped
near Mitchells in the northern part of
the county. They We're seen together the
night before as though in argument. Next
morning Reynolds dead body was found
wrapped in blanket with bullet hole in
his head. Allen was not seen again until
arrested in Oregon and brought back to
be tried and convicted. He pleaded self
defense, claiming Reynolds who was
1arpar m had otopo I'd .
dispute over pay check that he claimed
was common property and in sheer self
defense as Reyonlds was about to attack
him with club he fired, killing him. The
supreme court says it finds that the evil
dence shows that Allen killed Reyonlds
as he lay asleep. Allen was originally
sentenced to hang JAM - but sentence
was suspended until the appeal in the su-
preme court was decided. The court will
proba bly, sentence him to hang some time
in August
An effort will proba bly, be made to In
duce the governor to commute the SEN
tence on account of Aliens youth, he be-
ing young man, and because he has In
dian blood in his veins and the claim is
made that for that rea son he does not ap-
preciate the seriousness Of his crime.
The supreme court dismisses the ap-
peal from Silver Bow in the case Of the City
of Butte VS.. Frank Call who appealed
from the action Of a Justices court in
fining him SIS for violating a cit; ordi-
nance requiring hack licenses He ran a
carryall to Walkerville during the tenn
porary suspension of the street railway
and claimed he should not he compelled
, to pay the regulation hack license. The
case is dismissed in per curiam because as
the court says: "The record contains no
copy of the notice of appeal given as
provided by section 22S7 of the penal code
This court is therefore without jurisdic-
ton to review any question presented
therein. This appeal is therefore dis
missed"
In an opinion by Jus tice Hunt the court
affirms the judgment of the district court
Of Cascade county in the case of Dowty
VS. Pitwood involving title to the office
of alderman of the first ward of Great
Falls. The lower court decided in favor
Of Dowty
The district court of Flathead county is
reversed in the case of Bramlett W.
Rockefeller ct al. involving some mining
property locati because Of error in In
structions.
The court also dismissed the case of
Muzzy VS.. Deidrickson appealed from
Cascade county because Of failure to file
the transcript in time.
The city is rapidly filing up with visi-
tors from outside points who are coming
to participate in and witness tomorrow's
celebration, especially the laying Of the
corner stone of the state capitol. The
corner stone will be laid by the grand
lodge of Masons at p. M, July 4th
Prior to exercises there will be a parade
from Main street to the site of the build
ing n which the grand lodge of Masons
and members Of all other civic societies
vii participate, as well as state officers
prominent citizens and soldiers from
Fort Harrison. The parade will be in
four divisions and promises to be one of
the largest ever seen here.
The capitol building as tar as work Is
advanced has been tastefully decorated.
Seats have been provided in side the
walls for several hundred spectators c.
W. Pomeroy, grand master of the Ma
sonic lodge, will officiate at the Masonic
exercises. There will be speech by Col
Sanders on the part Of the Masons and