The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-01-20
LOUIS LEON is IN TROUBLE
ONCE AGAIN.
TOO QUICK WITH HIS Gun
Charged with Attempting to Kill Aug.
ust Brey for Invading Al.
Thomas shep Range.
From Mondays Daily Gazette.

From Mondays Daily Gazette.
AS a result of his proneness to re-
sort to the force of argument con-
tanned in a magazine gun, Louis Leon
was arrested again this morning and
as in the case in which he figured
as defendant last Saturday stands
charged with attempting to kill a
man.
The complaining witnes in this in-
stance is August Brey, a sheepman,
residing near Absarokee. Brey caus-
ed a warrant to be issued out of JUS
tice Mann's court and on this Leon
was arraigned this morning and de-
manded preliminary hearing. He
was defended by w. NJ. Johnston, who
was his attorney in the former case:
The testimony of Brey was to the
effect that on the 18th of last October
he was driving a band of 200 sheep
from his former range in Carbon
county into Yellowstone, in search of
some open land on which he might
craze. On the date mentioned he was
at the head of Keiser creek, on AL.
Thomas sheep range, and vas sud-
denly confronted by Leon, who or
dered him off, saying he vas on his,
Icons, ranch. Brey said he answer
ed that he was going as fast as he
could. In response he claimed Leon
motioned him back and then made
a move toward his hip as though to
draw a revolver, remarking at the
same time that he would elk" the
complainant. 1t turned out, however,
to have been only a bluff, the motion
to draw a weapon, as Leon turned
and went to his camp a short distance
off and returned with a Winchester
rifle and, as testified by Brey, took
a shot at the latter.
Brey said that Leon talked to him,
but he could lot understand him,
as Icons English is none of the best,
besides he was about 35 steps away
at the time. The shot, according to
Brey's testimony, passed dangerously
close to the witness. After having
fired the shot, Brey said Leon left
and walked toward his own band of
sheep, but not before, he had said that
it was his ranch. Brey also testified
that Leon had raised his gun as
though to shoot a second time.
On cross-examination the witness
testified hat he had a rifle in his
hand at the time Leon shot at him,
but refrained from trying to use it,
as it was not in good condition, a
part of it being missing, causing it
to fail at times to eject the empty
cartridges.
Horatio McKelvey, Brey's herder,
testified that he was some distance
back of Brey at the time, as he was
following up with the wagon, while
Brey was driving the sheep. He saw
the first meeting between the two
men and also saw Leon walk toward
his camp and return with the rifle.
The witness was on top of a ridge
and had a good view. He declared
positively that he saw Leon fire at
Brey,- although he was too far away
to heal the conversation that passed
between the two, and also c%orroborat-
ed Brey in his statement concerning
the second raising Of the rifle by
Leon. McKelvey said he had handled
the gun carried by Brey and said it
was in bad order, describing it the
same as the first witness. In reply
to Mr.. Johnston's question the wit
ness said that at the time the shot
was fired he was about 80 or 40 rods
behind Leon, who was about 30 or
35 steps from Brey.
This finished the testimony for the
state and the noon hour having ar
rived, further hearing was continued
until 2:30 o'clock this afternoon.