Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-11-14

nesday, Aug. %, fell to the ground
completely Saturday, when the case
of Long came up before Justice of the
Peace w. T. Mcfarland for prelimi.
nary hearing. Briefly stated there
was not a scintilla of evidence of any
nature whatsoever that even remotely
connected any of the defendants with
the terrible crime, and they come
from prison fully exonerated.
Nature of the Testimony.
The testimony related chiefly to the
finding of the body on the morning of
Friday. Aug. 25, it's condition and the
cause of death. Sheriff Slater testi-
fled as to the arrests, and told of the
statements made by Long in jail, but
there was nothing particular in it to
strengthen the charge laid. In fact,
the only testimony that bore directly
on the charge was that given by Alex.
RransOn, the colored saloon keeper,
whose place is just across the street
from the shanty where Studzinski liv-
ed, and where he met his frightful
death. Mr.. Branson met with an &C.
cident Friday night, having fallen
down some steps and broken a rib,
and in consequence was confined to his
bed Saturday. The court took a re-
cess and adjourned to Branson's ap-
artment, where his testimony was TAX
en-. It will be remembered that at
the inquest, this witness stated that
about 8 o'clock on the night of the
murder, Studzinski came to his place
for small bucket of beer, and when
asked if he was not out rather late,
said some of his neighbors were over
visiting him. Subsequent to the in.
quest, Mr.. Branson stated that the
old man had previously told him that
by the term "neignbors" he meant
Heinicke and Long. 1t is not pos
sible that he should have included
Taylor in this term, as that defend
ant did not know the old man per-
scnally, and never spoke to him in his
life. Studzinski was on very good
terms with the other two, however
and they frequently met and talked.
While testifying Saturday, Mr.. Bran
son said that after Studzinski left the
saloon, the witness went out and stroll.
ed to the corner. Looking along First
avenue, he saw Studzinski and two
other men sitting on the sidewalk.
One of them was Long, and as Helm
ioke's little dog was there, Branson
concluded at that time that Heinicke
was the other man. The witness was
quite positive that Long was there,
although it appeared, that he was fur
ther than across the street from the
group, that it was after 8 o'clock, and
that Branson's sight is defective. w.
M. Blackford promptly moved that the
defendant be discharged, which was
granted by Justice Mcfarland.
Other Cases Dismissed.
Affairs having taken this turn, Coun.
ty Attorney Roy e. Ayers asked taat
the cases against Taylor and Helm.
icke be dismissed and the defendants
discharged, which was done, and the
whole proceeding came to full stop.
Hearing In Long Case.
It was the case of Taylor instead OF
Longs, that was originally set for Sat.
urday. and that defendant was repre-
sented by Huntoon & Smith and H.
l.. De Kalb, who were ready to pro.
ceed. Taylor came into court accom-
panied by his wife and father. Mr..
Huntoon said that there was sort of
half agreement made tnat the Taylor
case might be continued until the af-
ternOOn but it had been set for 10
O'Clock, and he saw no reason for any
change, and asked that the hearing
proceed as originally set.
Mr.. De Kalb, of counsel for the de-
fense, said nothing had been said to
him about any continuance, and he
would mt aproo IN If
At this point, County Attorney Ay-
ers asked that O. w. Belden be en-.
tered as associated with him for the
state, which was done, and Mr.. Bel
den then took the floor He said there
these cases, and it was impracticable
to see them all, but it had been agreed
by BlackfOrd & Blackford that the
Long case might be taken up first,
and no objection having been made
to this arrangement by Mr. Huntoon,
the witnesses has been called in the
former case. l could really make
nc difference which case was heard
first, and he asked that the Long case
be taken up. This was finally order
ed, and William McGlenning, Oliver
Jutras, George w. Creel. DR.. Attix,
OHCiiA OldleT, ". w. COOk anu r. r.
I.agivne were sworn.
Mr.. Creel was the first witness, and
he told of the finding of the body,
which was later turned over to nim
to prepare for burial. He removed
the body from the shanty where it was
found, and then discovered a cord
drawn about the neck The moose
was so tight that the cord was com.
rletely hidden from view.
The Coroner Testifies.
DR.. F. F. Attix, the coroner, told OF
fsdng the body, and it's condition
death having been caused by wounds
| on the back of the head, inflicted with
scme blunt instrument. In the crowd
about the shanty soon after the body
| was discovered, witness noticed Ray
Long. among others. Having decided
to hold an inqeust, the coroner spoke
with several men in the crowd to see
what they knew about it, with view
to securing suitable ones for jury ser
wee. Among others, he talked t1
Long, who said he was not there the
night before, and seemed to regret it
; 0t will be remembered that while
| Studzinski was killed Wednesda,
! night, 1t was supposed until the bod,
had been taken out and examined tha
he was killed Thursday night. Tni