Fergus County argus., 1902-08-20
KILLING OF
BLACK PERRY
James Haynle Claims That He Was
Compelled to Shoot Perry
In Self Defense.
JAS. HAYNIE WAS DISCHARGED.
Prisoners Character Good and the
Justice Decided That the Evil
denee Was insufficient.

The preliminary hearing Of James
Haynie, who was charged with the
killing of Black Perry, was held at
Forsyth last week.
The defendant was arraigned be.
fore Justice of the Peace Wright
but as Wright was acting coroner In
the case and also owing to sickness
In his family he called in Justice De-
berge to conduct the hearing. The
state was represented by County At
torney Fred l.. Gibson. assisted by
Attorney Sidney Sander of Miles City
and John C. Lyndes of Forsyth. The
accused was represented by Attorneys
Fred II. Hathorne of Billings. George
Wilbur Farr OF Miles City and T. Ii.
Hisham of Red Oak, Iowa.
Owing to the large number of
friends, witnesses and spectators pres
ent. the court room was found to be
too small and adjournment was tax.
en- to the city hall.
Charles Tourney, line rider for the
Hysham Cattle Company. was the
first witness for the state. He testi-
fed that he was under James Haynie,
and that, with party of employees OF
the Hysham company, they went to
Sanders to gather up some horses.
IIaynie met Perry there. The next
day Perry overlook the party mile
from Sanders. and he was driving five
horses Of his own. He stated that he
was going to Clark's creek for a few
days. He rode on with Tourney, the
others separating in quest of horses.
Perry camped at the Beaver creek
cabin, belonging to one of the Hay
ME men. Tourney and Perry separa.-
ed at Bear creek. between Sanders
and Beaver creek cabin. where the
killing occurred.
When Tourney arrived at the cab
In Haynie met him and said that he
found Perry In the cabin and Perry
was on the fight from the first. Hay
ME told Tourney that he was compell-
ed to shoot Perry in self defense. as
Perry opened fire on him with a six
shooter. Tourney remained with Hay
ME for about an hour and half at the
cabin, when bug" Smith, another
rider working under Haynie. arrived.
Haynie told Smith the same story and
sent him for some neighbors. while
Tourney went to rotify the sheriff,
and Haynie left for the Crow agency.
Tourney said that Haynie bore a rep
utation for peacefulness and that he
knew OF no grudge between the two
men. bug" Smith corroboratei
Journeys evidence, as did Fletcher
DAILY, one OF the nelghbors.
Acting Coroner II. G. Wright tes-
tilted that he took jury from this
place. as the neighborhood Of the kill
ing was very thinly settled They
examined the cabin and body OF the
deceased. II was found on a cot out
side the door. with three wounds In
II. These wounds were from the rear
and ranged forward and upward. as
II Perry had been lying down when
shot.
DIR. ID. N. Reber, who conducted the
autopsy. was perhaps the most impor-
nu witness examined on either side
of the controversy. He found wound
In the back of the neck, the bulle;
ranging forward and coming out in
front. This wound was fatal. A Sec
ond bullet hole pierced the left arm
about two inches from the shoulder,
severing an artery and coming out In
front.
The third wound was in the back
of the left side and ranged forward.
The bullet entered atthe eighth rib and
came out at the sivth rib and ranged
forward. The doctor was positive
such wounds must have been receiy.
ed while the back OF the person was
toward the shooter.
The defense brought In several wit |
nesses who swore positively that
BLACK" Perry had told them that he
would kill Haynie IL Haynie ever
crossed his path; that Perry contend
ed that TIaynle accused him OF steal. |
ing horses and that Haynie would be
fixed II they ever met on the range.
They testified that Haynie was a man
OF good reputation and always avoid.
ed trouble. The witnesses were Jack
Williams, foreman for w. r. linton,
e. I. Barras, now clerk for Losekamp
OF Billings, but formerly a clerk at
Junction. where Perry did purchasing.
A. A. Campbell, government inspec-
tor at Crow agency; Carlson Kohn,
government carpenter at the agency,
and Frank f. Blggers. government
Court then took recess until this
farmer at the agency.