The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-06-06
JUDGE IS WOUNDED
Fights Duel With Peace OFFICERS In
Which Deputy Sheriff 10 Hit BE.
fore Maniac. Is Overcome.

cd.
Pat F~itzstephens, presumably in
sane, and the cause Of all the trouble,
fen after being pierced by five bullets,
but not until after he had shot Deputy
Sheriff Joe DAILY three times and Pc
lice Judge Hayes G
It al about $3.50 yesterday after
noon when Fitzstephens met Pat SUI
CURE near the Broadway block on
Cedar street and shot at him three
times at short range, but missed.
When the first shot vas fired both
men were on the street, but Sugrue
made a dash for the side door of the
building and managed to get inside.
Fitzstephens sending two shots after
him, both of which lodged in the doors.
The men were only a few feet apart
and the wonder is that Sugrue was
not killed. AS it was he fell just in.
side the door and both himself and his
assailant supposed that he was shot
and it is perhaps to this fact that he
owes his life.
Fitzstephens thinking he had got
his man passed on, and it was not un-
til Sugrue had been picked up by
friends and carried into a room where
he was examined that he could be
made to believe that he was not
wounded.
Fire Chief Mentrum was within a
few feet of both men when the shoot
ing occurred, but was unarmed. He
spoke to- Ftzstephens ana the latter
told him that he had got the a he
wanted and would never be taken
alive.
Police Judge Hayes and Janitor
James McFeeley were at the city
hall just across the street when the
shots were fired. They came over
and attempted to put the mar under
arrest. Mr.. Menstrum told them to
leave him alone or they would get
killed.
But Hayes advanced to within a few
feet of the insane criminal and said:
"Put up that gun and come with me-"
He made no reply, but leveling his
/ gun fired at the judge the bullet pen
etrating the f1eshy part of the left
thigh. Friends assisted Mr.. Hayes
to the city hall. He was later taken
to his home. where a physician attend
ed to the wound.
F~itzstephens calmly loaded his guns
oAu SOLClA1uCu OII uoWA SOu01 0CACOl IL
ward Front street, followed by the.
fire chief, who was determined to keep
an Y ON him lest he should get out
OF sight and make his escape.
The sound of the firing and the
news of the tragedy spread like wild
fire and men, women and children
were running and screaming in every
direction.
In an incredibly short time Sheriff
Conley and his. men were on the
ground and a battle ensued, which re-
suited in the death of n and the
serious Wounding of another.
Under Sheriff Morgan vas the first
to arrive. Pete Smith,, the assistant
fire chief, had also secured a gun and
opened fire on the desperate. While
Smith and F~itZstephens yer exchang-
ing shots with each other Morgan was
emptying his gun at the latter unob-
served, but nom Of the shots seemed
to take effect.
Mr.. Morgan had no more cartridges
with him and when his gun was
empty he went in search OF another,
as did also Mr.. Smith.
Sheriff Conley AM. Deputy Joe DAILY
then arrived upon the scene They
cOrralled their man on a vacant lot
on Front street, between Cherry and
Cedar an dopened fire upon him. Mr..
Conley discreetly took up his position
at the corner. of the nearest building
and began pumping lead at the wild
man before him. Mr.. Conley is an
excellent pistol shot and felt confident
Of being able to best his man in the
duel In which he was engaged, and
called to DAILY to keep back.
But that doughty Oficer was not the
kind to stand back when a fight was
in progress. He came out into the
open. The two men advanced to with
in ten feet Of each other and emptied
their guns at point blank range.
F~itzstephens turned a few steps and
fell, with the nervy Dalv on top Of
him. Deputy Joe Stevens, Constables
Lynch and Rentz and Tom Fleming
were also there in an instant. The
man was overpowered, disarmed, load
ed on a dray and taken to the county
jail, followed by a mob yelling GA
rope" Lynch him, and similar cries.
Half an hour after arriving at the jail
the man expired.
The man was conscious until about
ten minutes before he died. He was
interviewed by Under Sheriff Morgan
as to the motive of his crime. He
said that he m here about three
weeks ago for the purpose of killing
Pat Sugrue and Mrs. Mccarthy be-
cause of q grievance.
Both of these parties testified
against him. two years ago when he
was adjudged insane and sent to the
asylum. It is supposed that this is
what he had reference to.
He said he shot Judge Hayes be-
cause that gentleman ran into him and
he couldn't help ii. He shot DAILY. he
said, because he, too. had done him
wrong.