The Western news. [volume] (Stevensville, Mont.) 1890-1977, 1901-07-03
WAS BRAcK r1URDERED?
James Phillips, Charged With Murder,
Arrested on Suspicion.

James Phillips was arrested Sunday
evening at the home of Mike Burke,
near Darby, by Sheriff Watts, and
brought to Hamilton and lodged in
the county Jail. He is charged with
the murder of VIM. Brack. The COM
plant was sworn out by Asa H. Brad
ley, who was one of the coroner's jury
which sat upon the Brack case, and
which returned verdict ascribing ac-
cidental drowning as the cause Of
Brack's death. Phillips was arraign-
ed before Justice Morris on Monday
and plead not guilty. The preliminary
examination was set for next Satur-
day at p. m. :, and the defendant was
returned to Jail.
Brack's body it will be recalled was
| found last Sunday on a rifle or
bar in the river near J. +. Logan's
place at Como. Coroner Adair was
notified and empane1ed jury composed
of Milton Hammond, J. +. Logan.
Asa H. Bradley, w. B. Harlan, M, NJ.
1 IlulL dAu w 4 dDOI. iC July
heard Phillips testimony and found
that Brack had come to his death by
accidental drowning. The body was
brought here and buried in the Hamil--
ton cemetery.
| A. H. Bradley one of the coroner's'
jury was not satisfied with the verdict.
He thought that several suspicious
circumstances had not been made
clear. When examined by the jury
there was no water in the body. Blood
/ gushed from the mouth and ears.
Several deep cuts were found on the
head. If Phillips story is true the
body must have f1oated at least ten
miles, as the river flows, within a few
hours, and it seemed strange that it did
not fill up with water and sink as usu-
ally happens in case of drowning.
I Upon being interviewed by one of
the Western News reporters, Mr.. Phil
lips simply reiterated the story of the
tragedy told by him at the coroner's
inquest and to numerous persons
since. He said that "Dutchy'' came
to Mike Burk's place where he was
working on Saturday evening. They
had been accustomed to crossing the
river to Darby during high water in a
boat. About $50 O'Clock Sunday
morning Brack awoke Phillips and
asked him to point out foot log eros
sing by which he could take short
cut to the Kendall ranch. They wen,
: together to the river bank which al
5 that point is divided into two chan
l nels. Arrived there, Phillips says hs
: told Brack to wait until he could ex
, anime the crossing. He started t
!, walk down the stream. Hearing Bracl
utter an exclamation he wheeled about
and saw the other walking the foo
log and balancing himself with a pole
The channel here is about twenty fee
wide and the current very swift
IS Where it washes unde1. the log th
u water is ten to fifteen feet deep. Bracl
: thrust the stick into the water on tn
"a upper side of the logs. The curren
4 swept it under and upset him into tn
stream. Brack clutched the first loi
and held on a moment. His face ar
peared above the water and he gave
snort and blew water out of his mouth
He held on only moment when h
was swept under the other log an
q around a mass of drift wood and OF
re of view. It all happened SO quick tn;
,e Phillips was powerless to lend assist
a. ance.
Phillips is man about sixty veal
of age. During the past winter I
worked for Mike Burke. Prior to tn;
for three or four years he lived abor