Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-03-28

adIoined and they were common
owners in a certain irrigating ditch.
During the spring and summer OF
1898 Rolling had charge Of the irriga-
tion OF Moule's crops and Howell did
n similar work for Plrrie. Shortly
after Howell went to work for Pirrle
he said to a certain herder, whom he
met, that but for Rolling, he
(HuwelD would have preferred to
work for Moule and that he would
"get even with the ----be
fore the summer is over" On the
26th of July one Downs, in the EN-
ploy OF Moule, was engaged in put
ting In head-gate In the ditch
which would turn the water from
Pirrie's land to Moule's. Howell
came up and had some alteration
with Downs, finally taking out his
headgate and intimating that 1t
would remain out. Rolling later
rode up and inquired OF Downs as to
the trouble. Being informed, he
jumped off his horse and attempted
to replace the headgate, when How
ell made strike ut him with a shov-
ell. Rolling grabbed Howell. avoid
ing the full blow, and bore him to
the ground, giving him severe
chastisement. Early the following
morning Howell loaded a rifle and
left for the scene OF the previous day.
before going and in conversation
with his employer, Pirrie, making II
threat concerning Rolling, similar
to that made to the herder early In
the season. Approaching the alfalfa
patch, which was being irrigated,
Howell lay I'm ambush, and when
Rolling approached rose and shot
him In the back. This not bringing
him down, another shot was lodged
in the brain, from which Rolling fell
forward dead. By footprints the
state offered to prove the actions of
the two men that morning. After
the killing Howell returned to Pr
rie's, took one of the latter's horses
from the barn and fled, being seen
some time after in the Snowy noun
tains and In October, 1899, captured
in British Columbia.
The defense made no statement,
and the following witnesses for the
state were called:
p. I. MOULE.
Witness testified to the employ
ment OF Howell and Rolling by him
until April |. 1898, and that Howell
then went to work for Pirrie, also as
to Rozling's duties as irrigator. July
q, 1898, he heard OF Rozling's death
from a man on the ranch and rode
Immediately to Pirrie's In an en-
deavor to apprehend the murderer,
of whose identity he was certain.
Not finding him he rode to the scene
of the murder, where he found the
body of Rolling In an alfalfa patch,
witness introducing and testifying to
the accuracy OF map Of the scene,
upon which were shown the bitches,
fences, lands, points where Rolling
lay and where Howell was supposed
to have lain In wait and the foot.
prints found. His testimony as tO
the footprints was very decided. as
he had taken measurements. One
line OF footsteps was distinctly trace.
able from a point near fence, where
the grass had been broken down as
II some object had lain upon IT.,
to a point 65 feet distant from an.
other line OF footsteps, and thence
back to near the place where the
steps entered the field. This second
line of footsteps came from the oppo-
site direction and at this 65-foot point
turned quickly and extended some
ten steps to Rozling's feet as he lay
dead in the alfalfa. There were other
footsteps, but these were accounted
for by the known visit Of Mrs. Roe.
ling and her son, and these came
from still different direction and did
not interfere with the steps OF the de-
ceased and his assassin.
The cross-examination by Mr.. Cort
hr,.unht nuf thot nna Alfrad CIV, hu Il
been placed as n watch over the body
by Moule, but had not gone near the
body nor allowed any one else to un-
Ill the coroner's jury arrived. Mr..
COrt sought to break the force Of the
testimony regarding footsteps, but
the witness could not he led astray.
Is. W. DOWNS,
Witness testified to the trouble be.
tween Howell and Rolling on the
2Gth regarding the head-gate, to the
shovel blow sought to- be struck by
Howell, saying that Rolling jumped
forward and the handle oi the shovel
struck his shoulder, the blade being
beyond his hack. lie said that when
Howell interfered with putting in the
head-gate witness did not insist. az
he knew nothing Of the trouble and
was working under Rozling's orders.
When Rolling came up he asked,
whats the natter" Downs reply
ing, Howell has taken out the head
gate" Rolling had no words with
Howell, but said, "I'll put 1t In
again." whereupon Howell struck
him with the shovel and then cllnched.
Witness caused Rolling to deslst In
his beating Of Howell and advised
them to let Plrrie and MOIle settle
| the water trouble On crOss-exami-