Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1906-11-20
HfDIGAN NOW
BEING TRIED
Noted Case Involving Theft of Some
Horses in Progress Before the
District Court.
OTHER NEWS OF The COURT
II. W. Chase Found Guilty of Third
Degree Assault and Defendant Is
Fined One Hundred Dollars.

H. W. Chase, the Flatwillow lumber
man, was found guilty of assault in the
third degree by a jury of his peers last
Thursday evening. Judge Cheadle fix
ed his penalty at s1OO fine.
The case of Chase in an interesting
one. 1t appears that Chase married a
respectable breed girl and has had con.
siderable to do with the breeds Of his
neighborhood A year ago, Chase was
deputized to arrest a certain breed by
the name Of Fleurry, accused of stealing
cattle. Chase was instrumental in
sending his man to the penitentiary.
He thereby evidently incurred the en-.
entity Of Roger Fleurry the boy whom
he shot on May End last on Black Tail
creek, as well as creating the i'll feeling
Of several other breeds, relatives of the
convicted Fleurry.
These breeds, the defendant claimed,
had made threats against the life OF
Chase on repeated occasions. In order
to be ready for any emergency, Chase
armed himself with As hair trigger
revolver, which Under Sheriff Martin
had given him for self protection.
On May End, the day Of the shooting,
Chase went to the mill of Nebro &,
Jones, on business. After he had been
there some time, a half dozen breeds,
evidently bent OH trouble, appeared on
the scene. After Chase had mounted a
spirited horse and was about to leave,
Roger Fleurry picked up several sticks
and threw them at the defendant. The
latter wheeled about and drew his re-
VolVer, which he claims, accidentally
exploded, the ball going wide of the
mark. Chase, who is a crack shot with
a revolver. drew the gun down upon
the breed, who stood with large rock
in his hand. Chase says that the horse,
being nervous animal, became excit-
ed and began to buck, sudden jump
causing the discharge of the weapon.
The bullet struck the breed in the leg,
causing slight flesh wound.
While the defendant claimed an acct
dental shooting, the states witnesses
said that Chase undoubtedly meant to
kill the boy To substantiate this, sew
eral witnesses testified that after the
shooting, Chase made remarks such as
these, You know very well that I
could have shot that breeds eye out If
that horse had stood still and "plugg-
ed a breed and meant to kill him."
County Attorney Ayers was ably as
sisted by H. L. DeKalb in the prosecu-
ton. j. c. HuntOon and Frank Smith
were attorneys for the defendant.
In the damage suit of DOherty VS..
Slater. the demurrer of the defendant
was sustained and ten days time was
given to the plaintiff for an amended
reply. In this case L. P. Slater, sher-
iff of this county, Is sued for $1,000
damages, for the alleged unwarranted
arrest of Charles Doherty, a young. man
who is the agent for the Great Falls
stage line in this city.
The trial of Barney Hedigan, who is
held on charge of horse stealing, was
postponed until Dec. 9Th by Judge
Cheadle last Saturday forenoon, owing
to the absence of Zac Gardipee, one of
the states principal witnesses. Word
en- & Scott, attorneys for the defendant
made motion in the district court last
Thursday forenoon, asking for a change
of venue in the case, which promises to
be an interesting one. After due con-
sideration, the motion was denied by
the court.
Gardtpee. the missing witness, Is now
in the Little Rockies, where he usually
spends hs winters and deputy is now
on the road to serve him with a sub
Doena.
Considerable difficulty was expert
enced in securing jury to try Barney
Hedigan on this second charge of horse
stealing and it was necessary to draw
special venire from the city of Lew
istown yesterday forenoon, when the
following names were drawn for Jury
duty: F. F. Goss, Mat Regan. VIM
Grupe, John F. Abel. A. l.. d'Autre-
mont, Fred Johnson. George Gordon, J.
b. Rauch, w. d. Symmes. Otto Kemp.
endorff. j. H. Atkins, w. S. Smith, W.
A. Lacock. NJ. H. Huffine, c. v Nc
Donald, Steve Anderson, Geo. Van
Cleav, Mike Riser, E. A. Long, ]. L.
Bright. c. E. Smith, S. S. Hobson, Hen
ry Shea, Brooks Thompson and Geo
W. Cook.
Many OF the jurors called were excus-
ed because of various reasons and 9th.
ers were challenged,
Ihat vigorous prosecution will be
carried on by the stockgrowers OF the
county and state against the men &C.