Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-12
CATTLE R = 'lERS GIVEN THE
LIMIT OF THE LAW.
DR.. THOMAS Van SCOY DEAD
PRESIDENT OF MONTANA IVES
LEYAN UNIVERSITY-AW WELL
KNOWN EDUCATOR.
special to the Inter Mountain.


morning sentenced Andrew j. Kelly and
George Handschu, convicted of grand
larceny in stealing cattle. 20 II years
each in the pententiary. with hard
labor, and made speech condemnins
them severely The penalty is the limit
allowed by law. S. 4. Ballet made a
plea for mercy for Kelly before sentence
was passed, alluding to the fact that
he had a young wife and baby. but the
judge sternly rtpuked him for trying to
work on his sympathy, saying he was
dealing Win Kelly, not his family.
In sentencing Kelly and Hundschu.
Judge Henry c. Smith gave fair warn
ing that cattle rusters might expect no
leniency in his court. He said i'll ad-
dressing the prisoners:
This is a new country. Montana is
new state. Stock raising is one Of it's
principal industries and should be fos-
tered by the laws and protected by the
courts, to the end that men who have
embarked their labor and capital there
ii may not be robbed with impunity.
Montana depends for her prosperity, IN
a great measure, not only upon the large
stock owners. but upon ranchmen and
smaller stockmen. They are entitled to
ths protection of the laws. 1t is the
duty of the courts to see to it that when
man has by labor and industry ac
cImulated a small herd of cattle, he shall
not be preyed upon by every skullling
thief who is too lazy to work for him
self.
so long as I have the honor to occupy
TIE bench in this judicial district. ! shall
make it my business to see to it, 50 far
as lies in my power. that ranchers and
stOckmen may go to bed at night feel
:,tg secure that their stock will be upon
- accustomed range in the morning. and
not sracing the refrigerator of some
cheap restaurant. In my judgment, in
a country where stock Is ranged, extra
protection should he given owners by
the courts. Imprisonment FOR crime
may very properly be administered. not
only to punish any particular offender
but to deter others from following in his
footsteps.
1T has been eloquently suggested by
your counsel that the court should show
YOU some leniency. that there are miti-
gazing circumstances. When a man is
convicted by a jury in Lewis and
o'afke county of stealing cattle
for profit, there are no initiating cir
J
sorry for your wives an6 your children
but you should have thought of them be-
fore you deliberately became 'rustlrrs
Nothing that | can do will relnoy,. the
disgrace of your convictions. for which
you alone are responsible and under
the existing conditions | am OF ,.,e opin-
ION that your families will be better off
without you. Their future needs viii be
supplied with homes. money.
You were fairly but vigorously prose
outed and well defended The county
attorney and stock inspector are en-
titled to great credit for bringing YOU to
Justice.
Il believe you both fully equally guilty.
and as each his testified aSains, the
other, We are assured there has Ireu no
miscarriage Of justice; nD innocert man
will suffer punishment In this cunnec-
non ! desire to say that, If the prOpri-
etors of markets, restaurants. hotels and
boarding houses, would see to it that
meats were purchased only or reputable
and accredited persons. cattle rujtl.ng in
this vicinity would be in a great meas
ure discouraged.
THE sentences which I am about to
impose upon you are the same which al
stock thieves may expect from me, and
If any such have been watching the out
come of your trial, they may govern
tn II future actions accordinSi,"
Z nr. Thomas Van Scoy. president of
the Montana Wesleyan university died
a. $40 O'Clock last night. after an i'll
ness of eight days He contracted a
cod on February 3, and 1t turned to
pneumonia. He was born in Indiana In
February 1S4S, enlisted at the age of II
toward the close of the war, then grad
uated at the Northwestern university,
ana has been engaged in educational
work for the last 80 years. He became
president of the Montana Wesleyan uni
versity in June, 1898, and has done mucn
to build it up. He leaves a wife. one
daughter, Lena aged 10. and a son, Paui,
aged l5.
The city council last night appointed
a committee to negotiate with the
county for new quarters for the council
and city treasurer in the court house,
when the state offices are moved to the
new capitol. The present quarters will
then be given up to the fire depart-
mrnt.
The American District Telegraph
company has asked the city fo.' a fran
chise TO set poles and string wires on
Streets The judiciary commi ttee re-
ported in favor of a .10-year franchise
but The matter was referred back as the
law makes the length of all franchises
2n or - years.
Pug Anderson knocked out Kid Will
sln in a rafting two-round fight at
7, eC.ric hall last night. Both men made
many rushes, and in the second round
wilson was knocked down with a right
sw.ng on the jaw. He no sooner struS-
go 10 his feet than a left swing on the
chin fioored him again. and he was
~, ,ess fC. two minutes.