The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-06-28
MURDER IN SECOND DEGREE
IS THE VERDICT.
COURT Will FIX PENALTY
Sentence To Be Pronounced To-
morrow on Slayer Of
Ben Davis.

From Wednesdays Daily Gazette.
Seth Dix, who shot and killed Ben
Davis, a bartender, at Wells road
ranch, about 20. miles south Of this
city April "a, last, was on trial yes,
terday in the district court, charged
with murder in the first degree.
The case occupied the attention of
the court from early morning until
last night. The court read it's in
.structions to the jury at z o'clock and
then counsel for both sides were
given As minutes in which to make
their closing arguments. These clos
ed at $3.50, when the jury retired.
The jury was out about an hour be-
fore it arrived at a verdict, but it was
a half hour later before the jury was
brought into court. Then it an
nounced through its foreman, p. H.
HOLSTER, that it found the defendant
guilty of murder in the second de-
gree, leaving the penalty to be fixed
by the court. The jury was dismiss
ed and the prisoner remanded to the
custody of the sheriff to await the
sentence of the court, which will be
pronounced on tomorrow at 10 a. m.
The penalty prescribed by law for
murder in the second degree is not
less than 10 years Imprisonment in
the state ~penitentiary.
The jury was composed Of R. T.
Hannah, David Frat, L. H. Parker,
e. HI. HOLSTER, Joe Flanagan, O. c..
Gutenberg, w. G. Hinshaw, w. G..
Williams, w. D. White, John NJ.
Moots, Harry Haid and Carl Quarn-
berg.
The case was prosecuted by Coun-
ty Attorney Hathhorn, assisted by O.
F. Goddard, while G. A. Lane was
counsel for the defendant.
The chief witness for the state and
I'm fact the only one who knew any
thing of the affair, aside from the de-
PENDANT himself, was John l.. Smith.
The case had to be tried mainly on
circumstantial evidence, for the rea-
son that there was no y witness
to the shooting, except Dix.
AS will be remembered by The Ga
zette readers, Dix was brought to
this city OF the. night Of April "a by
John L. Smith, who alleged that Dix
had shot and killed Ben Davis at
Wells road ranch. The coroner and
a jury Immediately went to the scene
of the reported killing and found
things practically as tsated by Smith.
Dix did not deny THE shooting, but
on the other hand stated to a Gazette
reporter that he had killed Davis in
~self-defense. He claimed that Davis
had short changed him when he
bought some drinks. When remon-
strated with and accused Of doing SO
Davis had stated that he would give
him his change out Of this, drawing
a revolver. Thereupon Dix drew his
gun and shot the. bartender.
Dix claimed at the time that it was
nothing more or less than a drunken
row. Smith for whom Dix was work
ing at the time of the trouble, was
not an eye witness to the shooting
but he heard the remark of Davis, as
we'll as the shots fired. He saw Dir
outside the door of the sa
loon shooting in. He did not know
whether Davis shot at Dix, no.
did he know whether Davis hat
drawn his revolver on Dix.
When the case came to trial yester
day the efforts of the prosecution were
along the lines pointing to a premed
itated murder. 1t was alleged tha
Dix had gone to this road ranch TO.
the express purpose of having trou
BILE with Davis for a supposed griev
ance and then had shot him down IL
cold blood. The prosecution showe'
how Dix had borrowed cartridge
from Smith for his revolver an
when they wouldn't fit, had shave'
them down, and that Smith had gon
to the place with Dix and when h
found that the two men were likel,
to get into trouble had cautione
Dix to leave the place, he, himself
first leaving. The prosecution ais
gave force to the fact that Davis
gun, which had been found grippe
in his dead hand, had not even bee
fred of, although there was on
blank chamber. This blank chambe
was accounted for by the a ths
it is customary for some men to ca
ry their guns in this manner, an
only a short time before the shooting