The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-11-25
FATHER OF M'BRlDE SWEARS TO
COMPLAINT.
ASSAULT IN FIRST DEGREE
Late Policeman Must Answer to
Criminal Charge-Arrested and
Released on Bond.

James Mcbride, father of J. p. Nc
Bride, who was shot by L. M. Hayden
Wednesday night, while Hayden was
acting as a policeman, filed a COM
plant last evening against Hayden in
Judge Fraser's court, charging him
with assault in the first degree. A
warrant was issued and Hayden was
arrested. He was a%rraigned and re-
leased on a bond of $500, given by
Robert Nix, Ben Hager and G. B..
Slater.
The complaint was made after
young Mcbride had made his state
ment to County Attorney Tathhorn,
Immediately before he was placed un-
der the influence Of anesthetics for
the purpose of ,amputating his leg. In
this statement Mcbride c~ontradicts
Hayden in almost every essential con-
nected with the unfortunate affair.
McBride's Statement.
After he had related in his own
way the incidents connected with the
shooting, Mcbride was examined by
dard, who has been retained by Nc
Bride, ST., to assist in the prosecution.
The questions brought out only such
facts as were calculated to give en-
phasis to the statement made by the
wounded man while telling the story
direct.
Mcbride latter saying that he had
been informed by the doctors that it
was necessary to amputate his leg and
that he might possibly not survive
the operation, said that On the night
of the shooting he had been dow
to the lower end of town to see Fred
Morris, whom he found sick, to talk
over some business relating to the
hauling of hay for Morris which Nc
Bride was to do the following day. He
said he did not know what time it
was, but that it was after dark. When
prepared to leave the house Morris
told him it was 5 minutes past 8
O'Clock. Morris went to the door with
him to show him a way through some
street, but Mcbride said he did not
go the right way and walked along a
sidewalk some distance until he turn
ed the corner of some buildings, when
HAYDEN, whom he did not then know
referring to him as "this man." came
I'M to him and said: "Neighbor, THAT
are you doing around these dwellings
this time of night" To this Mcbride
said he answered, 81 am doing moth
ing. l am going about my business
and then started to run away. lie
said he ran a short distance when
HAYDEN caught him and they had
hold of each other for a minute or
so, when Mcbride released himself
and ran again. The tussel, he said,
occurred near some kind of a hitch
ing post.
While he was running the second
time he said Hayden called out to
him, "You stop and throw up your
Z ld0uS OF Ill ouOOC yOu. ANo
that Hayden was a footpad, Mcbride
said. he kept on running and had not
run more than a few yards when Hay
den shot him and he fell to the
ground. Hayden, he said, came run
ming up to him and said: You
throw up your hands now" To this
Mcbride said he answered: mo.
Oh. partner, I'm shot" Then Hay
den advanced toward him, he declar-
ed. and throwing his gun down on
him said: Here, you throw up your
hands or I'll shoot again. You've
been loafing about the buildings
across the street down below here
for the last 20 minutes"
Continuing his statement, Mcbride
said Hayden then walked over to him
and helped him up and with another
man carried him across the street
onto the sidewalk and the ambulance
was sent for and he was taken to a
drugstore, where the doctors dressed
his leg temporarily and he was next
removed to the hospital. Mcbride
said he did not know that Hayden was
an officer and had mistaken him for
a footpad, thinking he had gotten in
to a gang somehow, II never thought
he was an officer" he said, because
was :minding my own business"
Mcbride also said that at no time be-
fore the shooting had Hayden told
him he was an officer.
After he had fallen, Mcbride said
he had asked Hayden if he was a
policeman and Hayden answered,
Eyes, and the next time anybody tells
Won tn throw up your hands around