The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-08-15
HAYNIE ExoNERATED FROM
CHARGE OF MURDER.
HOMICIDE WAS UNSUITABLE
Testimony Shows That in kiIIinq
Perry He Observed Natures
First Law.
From Wednesdays Daily Gazette

~A0 SAOAO1 oLOuE 1IOm n
blame, James Haynie, who had bee
IN jail at Miles City since August
awaiting preliminary examination O
the charge of having murdere
Black" Perry, a character of til
Crow reservation, returned this
morning and shortly afterward lei
Tor his home on the reservation. "A
though the deed for which he wa
held was committed in Rosebud coun
", Haynie was imprisoned in tn
custer county Jail for greater safety
as the Jail Of the first named count,
is not considered safe.
His examination took place yester
day before a justice of the peace a
Forsyth, the capital of Rosebud conn
ty, and as vas confidently predicted
by the friends of the accused, result
ed in his discharge and complete ex
oneration. The prosecution was rem
resented by the county attorney Of
Rosebud and several assistants. while
F. H. Hathhorn of Billings and G.. w
Farr of Miles City appeared for the
defense.
In behalf of the state the statement
made by Haynie to the officers. i'm
medlately after the homocide. was in
troduced. It was shown that he had
admitted the killing.
Haynes statement was alleged to
nave been to the effect that when he
entered the cabin he found Perry
there, occupying the bunk on which
his dead body was subsequently
found, and that he had begun to talk
% him about some horses that he.
Haynie. had been trying to roundup
n which belonged to Perry. for the
purpose of driving them from the
Hysham lease. Perry had said that
ne, Haynie, had no right to remove
them. To which the defendant is al
legged to have replied: IF we had
found them we would have shown
you"
You would, would your Perry is
said to have answered, at the same
time drawing his revolver and firing.
but missing the defendant. Before
could shoot a second time Haynie
shot him.
By DR.. Reber, the physician who
performed the autopsy, the prosecu-
ton endeayored to show that the
shots which killed Perry were fired
while the dead man was. living down
md that they had been fired from be-
lind, entering the back.
On cross-examination the doctor adj
nitted that from the position of the
body when found and the location of
ne wounds it did not necessarily fol-
that the shots had been fired
While the victims back was turned to.
ward the shooter.
The coroner testified as to the posi-
ion of the body and the character of
wounds discovered on it. He said
nat Perry's revolver was lying near
ne bunk on which the body was
ound and that from the position of
he weapon it looked as though it
tad fallen from the hand of a dead
ian. He said the pistol was a Colts
evolver, 45-calibre, and that it con-
aimed four loaded cartridges and one /,
mpty shell. The appearance of the /,
aterior of the barrel of the weapon
ave indication of having been but
fired.
IT was also shown that a piece of i
mixing from the cabin in which the
hpoting occurred was found four or /
We feet distant from the bunk and
'as pierced by a bullet hole. The t
ullet .entered from the inside and 2
ad gone through the wood, showing Z
lat the shot was fired from the di.
ectlon of where Perry's body lay. t
The defendant himself did moi take g
stand, but fully a dozen wit
esses were examined in his behalf, q
y nearly all it was proved that Per- G
I had made threats against the de- a
and that those threats had a
communicated to him. Some a
al been made as late as the day be-
re the shooting. t
NJ. M. Thornton, a business man of n
orsyth testified that Perry had told i.
m ne would kill Haynie and in an a
of trouble had arranged Z
me OF his affairs. The deceased al
we'd him $3.50 and had given him a IL
tie he held against other parties for
90, saying he should take the note: v,
IT he, Perry, got into trouble and s,
{ the best of it he would never see m
n again, and that in case he got
led the witness was to collect the
te, take out what vas due him and a,
) thai ho roooiuod q 1ooor4 l.1 -