The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-08-16
"JIM" GRADY DISCHARGED By su.
PREME COURT.
ARRESTED A SECOND Time
Immediately Following Ruling in Ha-
: beas Corpus Proceedings Served
With Warrant for Robbery.

James s. Grady has returned from
his little trip to Helena and is once
more a boarder at Sheriff Hubbard $
resort, where he is enjoying the COM
panionship of his brother, ed" and
his alleged accomplice, Mosier.
Grady was taken to Helena in obe-
dience to an order issued out Of the
supreme court commanding the sheriff
to produce his body before that tri-
bunal, his attorneys having made ap-
plication for writ of habeas corpus,
which was granted. The hearing took
place last Saturday Hathhorn &
Groves appeared for the petitioner and
County Attorney Harris and o. F.
Goddard for the respondent.
The arguments covered about all
the facts as brought out at the pre-
liminary hearing of the prisoner. No
testimony was introduced and no de-
murrer filed to the petition, neither
was the court asked to quash the pro-
the case. Counsel for the sheriff
merely made return ON the writ and
submitted the mittimus issued by JUS
tice Mann on which Grady was COM
mitted ito await his trial in the dis
trict court
Discharge Is Ordered.
In behalf of the petitioner it was
argued that the testimony adduced be-
fore the examining magistrate was
insufficient to warrant holding Grady,
as it failed to show his connection
with the robbery of the Owl saloon
and the subsequent murder of Police
Sergeant Hannah. The contention
was made that the committing mag
istrate erred when he ordered the
prisoner held without bail. All the
Testimony the state had introduced to
connect him with the double crime
was that he had visited Mosier at
the Newman ranch July l, the day
before the murder and robbery, and
the buying by him of some 12-gauge
shotgun cartridges. Nothing had been
brought out connecting the purchase
with the murder, as it had not been
shown that the shells he bought were
the ones used by Mosier when he
fired the shot that killed Hannah.
The attorneys for the sheriff held that
sufficient Testimony had been present.
ed to warrant the action of the JUS.
tice of the peace in holding Grady
The visit to the Newman ranch and
the conference with Mosier, the buy
ing of the cartridges, and Grady )
presence in the saloon Immediately
before the robbery and his subsequent
presence in the alley in the com
pany of Mosier and Grady,s brother
were regarded as proof positive of his
completely in the crime. :
Justice Brantly thought the state
had made out a poor case and or
dered Grady's release.
Is Rearrested.
In anticipation OF such ruling,
Sheriff Hubbard had provided himself
with a warrant for Grady's arrest on
the charge of robbery. He made SER
vice of this through the local officers
and Grady's liberty was at an end
once more. Grady was locked up and
held until Sunday morning, when Mr..
Hubbard returned with him to Bill
ings.
Maintains His Old Air.
The order of the chief justice seem
ed to have a cheerful effect on the
prisoner, Notwithstanding his second
arrest. On the return trip he appeared
to be in his usually happy frame OF
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