Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-10-09

by the mob this morning.
The charge of Judge Smith to the
grand jury at Helena last week dealt
In a particular with the de-
livery of Brady from the jail. 1t
enters specifically into the strength
OF construction of the building and of
the number of doors intervening be-
tween the mob of lynchers without
and the covering wretch within.
The manner In which these details
are set forth and the reference made
to the conduct of Jailer George Mahrt
that night lead to the belief that the
investigation of the jury will be par
ticularly directed to these phases Of
the l~ynching.
There were comparatively few peo-
pie In the courtroom OF Judge Henry
e. Smith besides those who had been
summoned for service on the jury
when Captain John A. Schmitt, bailiff
OF the court, raped to order and
gave the customary cry of "Hear We,
hear vel"
The charge to the grand jury was
delivered as follows:
Gentlemen Of the Grand Jury: On
the night OF October 1st a man named
Brady was taken from the jail of this
county by a mob and hanged by the
neck to a telephone pole until he was
dead. Brady was accused by the
authorities Of having comitted Il
monstrous crime upon a little girl.
He had had his preliminary examina-
ton and the county attorney was
about to file an Information against
him In the district court. You are
called here to investigate the matter
OF his death.
Lewis and Clarke county has gran
lite and steel jail which cost approx
mately 100000. From the outside to
the cell where Brady was confined are
two wooden doors and Ave steel
doors. This jail is constructed upon
the best modern plans, and yet Brady
was taken therefrom about midnight
without breaking a lock or forcing a
door. / understand one George
Mahrt was the nightjailer and within
reach Of his hand was IN electric but
ton by which he could ring "a gong
In the sheriff's room one story above.
not to exceed fifty feet away. l am
told the sheriff was asleep In his room
at the time. Mahrt failed to make
even an attempt to rouse him. He
must have known what his visitors
errand was, because the wooden out
side door shows marks OF heavy
blows, not sufficient. however, to
break 1t.
am told that the newspaper re-
porters had notice OF the conteln-
plated lynching In time to go to the
jail before the mob arrived and that
one OF them told Mahrt the mob was
coming. Mahrt must have unlocked
the doors himself, because the mob
would have been obliged to batter
down the outside door before they
could have forced them to give up the
keys. / MN told the sheriff appre-
hended the danger to his prisoner to
such an extent the night before that
he took Brady out Of the jail to an
other place, and yet on this night he
left him IN the jail with only Mahrt
ON guard. l am of the %OpinioB, how
ever, that the jail would have been
sufficient protection to the prisoner
had Mahrt done his duty.
The extreme penalty for the crime
of which Brady was accused In i'm
prisonment for life. Ibelieveit should
be death; but the legislature. In it's
wisdom. representing the people Of
the state, has fixed the punishment
and you have nothing To do with
that phase III the case.
The killing of Brady was just az
much murder nv the killing Of any
other human being. without justi.