The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-28
HAYDEN FOUND
NOT GUILTY
JURY HOLDS M'eRIDE's KILLING
~ WAS ACCIDENTAL.
five BALLOTS TAKEN
First Formal Vote Shows Seven Who
Believed Defendant to BE
GuiItless.

S0ssstSOOs
From Mondays Daily Gazette.
Five hours were required for the
jury in the Hayden cas to arrive at a
conclusion and return into court the
verdict which freed the defendant OF
the fearful crime with which he was
charged. "a,
1t was a few minutes past 5
o'clock last Saturday evening when
the final arguments were closed and
the jurors retired to deliberate. At
9:45 they notified the bailiffs who had
them in charge that they had arrived
at a verdict and were awaiting the
pleasure of the court. BY the time the
Judge and the attorneys could be sum-
moned a quarter of an hour had pass
ed and it was 10 o'clock when the YER
dict was recorded and read by Clerk
Williams. It was mot guilty"
AS the words that restored him to
liberty and removed the stain under
which he had been resting since last
November pronounced by Mr..
| Williams the defendant was seen to
straighten himself and the worried,
tense look that he had worn since the
closing days of the trial vanished and
his face again assumed its wonted ap-
pearance. He was among the first to
arise and grasp the hands of the jur-
ors and thank them, while his friends,
many Of whom were in court, did like
wise and it was with evident effort
that they restrained themselves from
giving vent in a demonstration to the
delight they felt.
How It Was Reached.
q When they had been locked up the
jurors elected W.. F. Hemming as their
foreman and an informal ballot was
taken for the purpose of permitting an
idea to be formed as to the opinion OF
the members. Some discussion fol-
lowed and the first formal ballot was
had. This stood seven for acquittal
and five, for conviction. Again the
case was discussed and when the next
vote was taken one of the five voted
with the majority.
On the next ballot another was gain
ed for the side of acquittal. Further
discussion ensued and it became ap-
parent that some of those who were
holding out for conviction believed
that the defendant should be punished
in some degree, although not to the
extent of imprisoning MIN for man
slaughter, the only degree in which
under the instructions Of the court
he could be found guilty. They ad-
mitted that no testimony had been
produced to disprove Haydens' asser-
ton that the shooting had been &C.
cidental, but thought that he had been
careless and consequently amenable
to some extent for his act.
Three more votes were necessary
before a verdict was reached, n OF
the men who voted for conviction
each time turning over to the other
side, until the fifth and final ballot,
when all voted for acquittal.
State VS.. Brown.
This morning trial of the case OF
State VS.. G.. M. Brown, who is charg-
ed with grand larceny, was begun.
Brown is accused of having robbed
the sheep camp of James Ettien, on
the 18th of last December.
In the information it is alleged that
on that date he went to Ettien's camp,
near Junction, and stole a saddle,
some blankets and other articles, all
of a value sufficient to make the de-
PENDANT guilty of grand larceny.
Nv. L. Linton, ]. R. Conway, V. w.
Eames. w. J. Mooney, Nick Klos, F.
D.. Kellison, L. B. ST.. John, George
Settler, e. G. Summers, Louis Bau-
dette, Fred Gilsdorf and j. G. Sher-
man are the jurors sworn to try the
matter.
Cases Are Continued.
BY consent the case of State VS..
Fred Shaw, who is in Jail on the
charge of assault in the first degree,
was continued for the term.
A motion for a continuance was I'LL
ed sometime ago in the case of State
VS.. John Heide, who is charged with
having driven scab infested sheep in
to the county. This morning the pros