Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-07-25
Jack Gardipee and Roger eushon Are
Found Guilty Of Killing a Steer
on the Range.
PUNISHMENT FIXED BY JURY
They Are Given One Year EACH
"John Doe" Fined 500 for Kill.
ing q Deer.

whom informations had been filed
charging grand larceny. was begun
in the district court Saturday morn.
ing. At o'clock yesterday afternoon,
the case went to the jury. The 12
men remained out until nearly 10
O'Clock last night, and it commenced
to look as though there would be a
disagreement, when at the time stat.
ed, the jurors came into court. They
found each defendant guilty, and fix.
ed the punishment at the minimum
penalty, one year in the penitentiary.
Sentence was pronounced by Judge
Cheadle at 10 o'clock this morning,
and tomorrow, Sheriff Slater or one
of his deputies will take the prison.
ers to Deer Lodge.
When the case was taken up, Mr..
Huntoon announced that his firm ap
peared for Gardipee, there appear
ing to be some misunderstanding in
regard to Bushon's case, as he was
not represented. Mr.. Huntoon said
that under the circumstances, he
would ask for separate trial for his
client. The court to obviate this, and
to secure the rights Of Bushon, ap.
pointed Huntoon, Worden & Smith to
defend him as well, and the trial be.
gan, County Attorney Roy E. Ayers
and 0. W. Belden representing the
state. Great care was exercised in
the selection of jury, both sides ex.
ercising all of their peremptory chal
lenges, and the following jurors were
finally sworn to try the case: Thos.
McKenna, H. D. Evans, H. G.. Fletch.
er, A. Jackman, Sam McCollum,
Frank Degner, Sam Wolf, S. w. CLAW.
er, H. Decker, William McCollum,
Fred Stein and Alex. Raw.
The States Case.
The state undertook to show that
the two defendants, while working on
the line of the Billings-Lewistown
Mutual Telephone company on Jones
creek, about April 25, killed a steer
belonging to Asbridge & Battams,
part OF the animal being used for
food in the defendants camp, while
the hide, etc., were buried near the
place where the animal was alleged
to have been killed. This contention
was supported by the testimony of
Mr.. Asbridge and several other wit
nesses.
The defense was an alibi, and the
two defendants and several other
breeds testified that at the time the
steer was alleged to have been killed,
Bushon and Gardipee were several
mills from Jones creek. AS Bushon
does not speak English, it was pro-
posed to call in an interpreter, and
when the defense asked that Mr..
Sweeney be sworn to fill that posi-
ton the prosecution promptly OBJ
jected on the ground that he was a
brother-in.law to one of the defend
ants. Mr.. Ayers asked that Mr..
Longeway be sworn as interpreter,
and then the defense objected be-
cause Mr.. Longeway was brother
of the complainant in the case. The
court solved the problem by ordering
both men to be sworn, and Mr..
Sweeney did the interpreting.
while Mr.. Longeway Was held
in reserve to follow Sweeney's 8
work and call him down if he failed
to do his duty faithfully This dOu-
BILE barreled Interpretation worked
very well.
Jurors Are Excused.
Upon taking up the Boshon and Gar
dipee case, Judge Cheadle announced
that all jurors not engaged in that
trial would be excused until August
l, when other criminal matters. In.
cluding the case of e. B. Jewel, charg'
ed with an assault in the second de.
gree upon Col. A. c. Greene. will be
taken up. The jurors were paid on
and those not in the box at once left
for their homes, most of them re-
siding out of town.
Fined for Killing a Deer.
Deputy Game Warden Hirsh yester'
day swore to a complaint charging
one John Doe with killing deer
out of season. The party was appre'
hended, and County Attorney Ayers
at once took the matter up in the
district court. where the defendant
being represented by an attorney, his
presence not being necessary In a
misdemeanor, entered a plea of guilty
and a fine Of 500 was assessed and
promptly paid.
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