The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-05-01
STATE FAILS TO PROVE ITS
CHARGE.
RELEASED IN INSTRUCTION
Court Grants Motion Of Defenss In.
structjng for Verdict Of Not
Guilty.

CudTIeS I1OSdu, Tue yOuLn VINO was
arraigned before Judge Mann yester-
day on the charge of malicious mis-
chief, killing a steer belonging to
John Chandler, later in the day plead
ed guilty and was fined $50 and costs,
making about $50 in all his father
had to pay. Civil liability for the
Hogan.
Anyone knowing the whereabouts of
Malcolm MacKay will confer a favor
on. him by informing him that a let
ter of Importance is awaiting him at
the Office of Chief Dulin. The letter
is from the missing mans sister, Mrs.
J. Herbert Wood of ia, East Seven
ty-sixth street, New York, who is anxi-
Gus to hear from him. p.
A copy Of the Fountain, Colo, Her
aid has been received containing q
decidedly complimentary article about
Clifton George, brother Of Mayor
George. 1t is very evident that the
booming" propensity is inherent in
the family, as the article in question
relates to some of the public services.
the gentleman has rendered the town
of Fountain in the way of securing for
it telephone connections with the sur.
rounding country, establishment of a
bank and the projection Of an extern
sive system of irrigation for the val
ley in which the ambitious burg is
situated.
To Quiet Title.
Action has been begun by the Aus
tin North company, a corporation,
against the Minnesota & Montana
Land and improvement company, the
City of Billings, Yellowstone county
and a number of individuals for the
purpose OF qpieting title to lots /, 2
and 3, block 80, of the original town
site OF Billings. The plaintiff claims
to be the owner in fee simple OF the
lots specified and alleges that the de-
PENDANTS pretend to hold some sort OF
claim to them. 1t prays that they be
required to make a showing in court
in support OF their alleged claims and
that if they fail in this that title be
decreed to rest in the plaintiff.
Non-Support Is Charged.
Elizabeth B. Smull has filed a bill
for divorce against James B. Smull.
In her complaint she alleges that she
and the defendant were intermarried
at Denver, Colo, December 10, 1897,
and that in violation OF his marriage
VOWS and duty as a husband he has
for more than three years last past
failed and wilfully neglected to con-
tribute to her support and main
tenance, Notwithstanding that he is
capable OF earning good wages and
if SO minded would be amply able to
support her. She furthermore alleges
that during the period mentioned in
the complaint she has been compelled
to support herself through her own ex-
eFtions.
A judgment and decree are demand
ed and such other Keller as the court
may consider her to be entitled to.
Leon Acquitted.
For the second time a jury has &C
quilted Louis Leon of the charge OF
assault in the first degree. His first
acquittal occurred at the last term
of court and Immediately following
his release he was re-arrested on a
warrant issued at the instance OF
August Brey, who alleged that Octo-
Der Is, last, Leon fired a shot at him
while he was driving a band of sheep
near the head of Keiser creek. Leon
was given a preliminary hearing and
held to the district court. His case}
same up for trial yesterday afternoon:
The jury was out only a short time
when it returned a verdict of not gull
1y.
Exhibits Returned.
The revolver and articles of cloth
ing that formed exhibits in support OF
testimony for the prosecution in the
Hayden case have been returned to
their respective n On motion
of the county attorney Judge Loud
made an order yesterday afternoon di-
recting that the revolver from which
the shot was fired that resulted in
the death Of John P. Mcbride was re-
stored to the chief of police as Gus
todian for the city of Billings, while
the %overhauls and trousers worn at
the time Mcbride was wounded were
given to the father of the dead
Ear ea1a