Arizona republican., 1900-09-22
TO-HI-BE-GAYS TRIAL
Jury Brought in a Verdict of
 Not Guilty
Testimony of the Indians Who Par ticipated in the Fight With the Navajo County Officers Last No Vember.

Flagstaff, AriZ., Sept. 21.-(Special.)- One of the most interesting trials that has taken place here for years was ended today when the jury brought in a verdict of not guilty in the case of the territory against To-Hi-Be-G Gay, a Navajo Indian. Wide interest was taken by both whites and Indians since the matter grew out of the killing of Officer Montgomery and two NavajOs and the wounding of Deputy Sheriff Dan Hogan, William Rhoden and the old Indian chief. Hostien-Bu-Coettf and the defendant.
 Some of the ablest lawyers of the ter ritory were engaged in the case. con- sisting of eX-United States District Attorney F. F. Ellinwood, and ex- speaker of the assembly, H. F. Ash urst, for the prosecution, and United States District Attorney R. F. Nor rison and Attorney Clark, for the de- fense.
 The evidence brought out in effect that on the 11th of last November five Indians left their camp on the reserva- tiOn upon a hunting expedition and had gone about fifteen miles from Can- yon Diablo. They had been out about seven days when the old war chief and his son joined them. The Indian Bu-Goettin (meaning "son of man without any teeth'O met Montgomery, who was a cowooy, and by signs asked if he CMontgomery) had seen any of i the Indians ponies. Montgomery pulled his siX-shOoter in reply, but was cov- cred by the Winchester of another In dian. He then rode away Mir. Rhoden. the employer of Montgomery, insisted upon the Indians arrest. Montgomery went to Deputy Hogan, got out the warrant, which was proved to be en- tirely irregular. Dan Hogan placed himself at the head of a posse com- posed of William Roden, Montgomery and Walter Durham
 Without an interpreter they left | Flagstaff to arrest the Indian. The posse arrived at the Indian camp a lit tie before sundown. They found the l old man whittling a stick to clean his 1 rife with while Bu-Goettin was some l distance from camp. Soon afterward the other Indians came and found the | officers examining the venison and they went into the tent. They laid their 1 Winchesters against the side of the
 tent near Hogan and sat down. The ! last Indian wlfo entered the tent held 1 his Winchester upon his lap. After the l officers had carefully examined the
 venison and hides, William Rhoden.
 whom it appears the Indians considered q a bitter enemy. spoke to the old chief | one word in Navajo wh ch meant 1 deer and Spanish word which
 meant female" and held up two ffn-
 gers. The old Indian said ''two," anl these were the only wC~ds spoken in Irhe Navajo tongue.
 Montgomery pointed to To-Hf-Be-
 Gay as the man he came to arrest and Hogan began reading the warrant tn l English. but saw that the Indians did not understand a word. One of the officers then said ''El capitan wants you to go to Flagstaff" pointing to Deputy
 Hogan. Then Hogan picked up the two Winchesters that the two Indians
 had laid down and Rhoden grabbed the old Indians gun. The Indians at once Srappled with the officers to recover
 their guns and the affray began in
 dead earnest. The whites pulled their
 siX-shooters, Durham being just out side the door. Attiki-Et-So, who was
 one of the defendants, but was dis
 charged before the case went tn the jury, ran out before 9. shot was hre1 Durham testified that another Indian rushed out before second shot was fired. To Hi i-Bc-Gay testified that he ran out after the first shot and saw a
 gun pointed at him, and as he ducked down a bullet passed through his shoulder. As he ran around the east side of the tent he was shot through the wrist, and after he ran some dis { tance he jumped upon one of the off cer's horses and rode away. These two Indians were those who were arrested
 and tried. The son of the old chief was killed. The old chief was shot through the body and e,lr and a third Indian killed, while Montgomery was
 shot through the head and body aLd | instantly killed. Hogan was shot
 across the back and through the rigat
 arm, and Durham "vas shot through the leg.