The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-15
FIRST CASE
is HEARING.
DISTRICT COURT CONVENED FOR
THE TERM.
SHAW PLACED ON TRIAL
Charged With Having Cut Elmer
Bentley In Murderous Manner
During Saloon Row.

Only four excuses out of the entire
number of jurors summoned were
noted on the blOtter of the clerk of
the district court yesterday morning
when Judge Loud had heard from all
who though they could not or did not
want to serve the state and county
during the term of court now fairly
under way.
Those who satisfied his honor that
it would he working a real hardship
on them to compel them to remain
were George Spendiff, R. g. Hardness,
aC. d. Taylor and j.. B. Amin.
Charles Spear, L. B. StJohn, w. M.
Murphy and w. r. Westbrook said
they had matters that would have to
be attended to during the first day
and that it would be almost an abso-
lutte impossibility for them to be in
court. The judge heard their pleas
and excused them for the day.
This left the panel for the term as
follows:
Luther Gaines, F. D. Mccormick,
Oliver Wyman. Frank Kellett, L. H.
Stoddard, G. NJ Chaffee, A. S. Shan
non, G. D. Camp, Fred Awe, B. G.
Jacobs, G.. L. Jones, Frank O'Donnell,
Edward w. Peck, J. N. Comstoclz, N.
McCreary, E. H. Hollister, Floyd l..
Farr, w. F. Snyder, John Horn, w.
NJ. Ames, G. w. Snider, Thomas E.
Keithley, William Bode, e. P. Searles,
Frank Scott, J. NJ Hougardy, w. M.
Murphy. Charles Spear, L. B. st. John,
w. R. Westbrook.
State VS.. Shaw.
The first case called for trial was
that Of State VS.. Fred Shaw, charged
with assault in the first degree, in
which the defendant is accused of hav-
ing inserted a knife into the body of
Elmer Bentley number of times with
the intent of ending his earthly ca
reer.
The alleged assault occurred at
Park City March 3, 1908, and when the
combatants we're separated Bentley
was believed to have been mortally
injured. For some time he lowered
on the brink, but finally commenced
to get better, but it was number of
weeks before he was declared to be
out of all danger as result OF the
wounds he sustained
AT first Shaw was held without
bonds and Sheriff Hubbard had him in
his custody Finally, when it was con-
sidered certain that Bentley would
recover, he was admitted to bail and
has been at liberty ever since.
John Horn, Luther Gaines F. D. Nc.
Cormick, Oliver Wyman, Frank Kel-
lett, L. H. Stoddard, B. G. Jacobs,
Frank O'Donnell, c. L. Jones, Fred
Awe, Floyd L. Parr and A. S. Shannon
we're sworn as the jurors to try the
case.
County Attorney Harris appeared
for the prosecution and w. M. john
| ston for the defense.
Continuances Refused.
After the trial of the Shaw case had
fairly begun it was brought out that
| no transcripts OF the testimony heard
| at the preliminary hearing were avail
able County Attorney Harris stated
that he had sent them to Park City
to be signed by the witnesses and
| that they had never been returned.
In order that the missing testimony
might be had Judge Loud ordered a
recess until O'Clock, as it had been
| learned that the stranscripts would
be returned on the Bridger train.
When the missing copy was finally
received it was found that of the diff
| ferent witnesses only one had attached
| his signature to his statement. The
rest had failed to sign.
This left the testimony in such con-
dition that it could not be legally used
! at the trial. To the defendant this
proved a great disappointment, as
some of the witnesses who testified in
his behalf at the original hearing and
whose testimony was considered OF