The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-11-28
L. M. HAYDEN ARRAlGNED ON
NEW COMPLAINT.
old CHARGE IS DISMISSED
Further Action Continued Until Friday
as to Preliminary Hearing.
From Wednesdays Daily Gazette.

From Wednesdays Daily Gazette.
Acting on the verdict returned bXz
the coroner's jury yesterday, County
Attorney Hathhorn had L. M. Hayden
arraigned before Justice Fraser last
evening. The old complaint against
the prisoner, assault in the first de-
gree, was dismissed and a new one,
charging murder in the first degree,
was substituted. On this Hayden was
arraigned. His attorney, w. M. John
ston, announced that he was not then
prepared to state what course would
be pursued in regard to the matter Of
having a preliminary examination,
and asked until today in which to de-
eide. 6..."
Judge Fraser said he would be out
of the city until at least Thursday and
the case was allowed to go over until
Friday, when Mr.. Johnston will have
concluded what to do and it will be
known whether examination will be
waived or whether a hearing will be
demanded.
Being charged with murder in the
first degree, an offense not bailable,
Hayden, Of course, continues in the
custody of the sheriff.
OF the testimony given at the in
quest by the several witnesses the
most important was that of E. r. Keil,
who saw the shooting. He stated that
he was going home Tuesday evening,
November IS, somewhere between 8
and $3.50 o'clock. When on the west
side of South Twenty-seventh street
and between First and Second ave-
nues, south, he heard a shot fired on
the opposite side of the street and
almost Immediately afterward heard
some men talk. He looked acros in
the direction of the shot and saw two
men, who were, as near as he could
Judge, about 20 feet apart. One OF
the men, the one earer to him, fell.
Hesitating for a moment, he crossed
the street and as he approached clos
er saw one of the men with a gun in
his hand standing over the other.
While the revolver was not actually
pointed at the protrate man, the wit
ness said it was held in such a posi-
ton that it practically covered him.
-When he got to where they were he
recognized the man standing as Pc
liceman Hayden and heard him say,
'"The next time you are told to stop
you'll stop" or similar words. Mr..
Keil also said he had heard the pros
trate man say, Don't shoot me again,
I have a father and mother living
here" The man also had said that he
had been down to Morse's house to
see Morse about hauling some hay
and that he could prove it. He ask
ed Hayden if he was a policeman and
when Hayden answered in the aitirma-
tive the man answered, Il am very
sorry, but you have made a mistake.
Hayden carry the wounded man
across the street and afterward went
into the house and got some matches.
When he returned he wanted to light
one to see where the man was wound
ed, but Hayden told him it was not
necessary, saying, He's all right" and
thai he knew where he was hit.
Mr.. Keil said that Hayden told him
he was sorry it had happened, as he
had not meant to shoot the man, but
the gun had gone off accidentally;
that he had been running after the
man with the revolver in his hand,
the thumb on the hammer and the
forefnger on the trigger; that he had
stumbled and accidentally exploded
the pistol.
Two other witnesses, Mrs. Ida Allen
and Mrs. Keil, who were together in
the home of the former, corroborated
the testimony of Mr.. Keil as regards
the distance the two men were apart
when the shot was fired. Both were
locking out of the door at the time
and saw the two men running and
heard them talk after the n in the
lead had fallen. The affair occurred
almost. directly opposite the door III
which they were standing -and they
were positive the men were no nearer
than 20 feet to each other at the time
the first one fell, and also that the
shot was fired before thsy saw him
fall.
". A. Heron of Finch, AK, writes: