The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-08-11
ALLEGED SHEEP sTEALERs DIS.
CHARGED FROM CUSTODY.
ARRESTED AGAIN At ONCE
Motion for Dismissal Granted-Serv-
ed With New Warrants
Statement by Smith.

Much to the surprise OF the officers
VINO arrested them, Arthur Smith,
the three alleged sheep tstealers ar
rested last week in the vicinity of
Columbus, this county, were discharg-
ed on preliminary hearing before the
justice of the peace at Red Lodge be-
tore whom they were arraigned. While
they were apprehended in Yellowstone
county they were taken to Carbon,
the sheep they were charged with hav-
ing stolen having been removed from
there.
/ Only two witnesses were examined
by the prosecution and when the
state announced that it rested, the
,, attorney for the defense moved that
the accused men be discharged for
want OF testimony sufficient to war
rant holding them to the district court.
The motion was granted. But for
only few moments were the defend
andts free. Before they could leave
tho colrt room they were. rearrestd
on new warrants.
The second complaints lodged
against the men charged them with
grand larceny. The first merely charg-
ed sheep stealing, which was practi-
cally the same. AS soon as they had
been rearrested the defendants were
arraigned ana in the case of each
bond was fixed at $500 cash or $500
in case that realty was given as secur-
| ity. Grimes Immediately produced
the required amount OF cash to secure
his release from custody and said he
would send back the amount neces-
sary to obtain Woods release Smith
is still suffering from his wounds and
is at the hospital. He said he din
not care for bail.
The second hearing OF the men was
fixed for August &C.
In the opinion of the physician who
is caring for him Smith is very like,
ly to lose his foot. If the man is
eventually acquitted his lawyer says
Carbon county will find itself the
defendant in suit for heavy dam
ages for personal injuries.
Statement by Smith.
Although Smith had been cautioned
by his attorney not to speak to any
one about his case. he talked freely
about the shooting and the cause he
claimed led up to it. To a reporter
for the Picket he denied absolutely
that he CIR any of his party had sto-
len or attempted to steal any sheep
from Mckay or Wescott. He said
the whole trouble was due to the fact
! that Deputy Sheriff Holt of Columbus
had it .'in for him" because he had
several times gone to Columbus and
got drunk. Smith furthermore said
that Holt had attempted to kill him
and his partner, Griffith, without the
least provocation.
Il don't care if they hang me, or
what they do with Ame," Smith de-
clared, las long as they give that man
Holt what he deserves. After he shot
me, he kicked me five times and was
swinging his rifle around his head to
brain me, when he saw man looking
at us from the railroad track and
stopped. He fired at Griffith when he
had his hands up and was only 25
yards away"
Smith says his home is in Chicago,
but that he has been in Montana off
and on for II years and about Colum-
bus for four or five months, having
worked for AL Thomas and Eugene
Grimes.
81 had been on the other side of
] Columbus" he said, "and was going
| back to camp. was the one that
picked UP the sheep that Wescott
| claims / was on the upper herd
ground when they came into my band
and l kept them there. / asked a
sheepman whose brand they were and
he said he didn't know. If the brands
were changed, it was done long before
we saw them, and can prove that
| they were, in my band long before the
] 2Sth. I am positive. teo, that those