The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-03-01
ROBERT GlLRUTH is SLAIN BY
JOSEPH BROWN ON HIGH
WAY NEAR lOlO.
MURDERER IS ARRESTED
Accused Man Claims That He Shot in
Self Defense After He Had Sus-
tanned Wounds in Encounter With
Victim and Brother-Recently Fin
ished Prison Term.

Robert Gilruth, a prominent rancher
living near Lolo, is dead as the result
of an encounter with Joseph Brown,
n man who has served a fiveyear
term in the state penitentiary for
criminal assault on Gilruth's wife
nearly seven years ago Brown is now
in the county Jail and will face a
charge of murder.
Story of Crime.
The story of the affair, as told by
Joseph Brown, the man who killed
Gilruth, is that while passing along
the country road in the neighborhood
of the old Chickerman mine, about
six miles west of Lolo, he met Robert
Gilruth and IA brother, John Gilruth.
Brown says that he asked the men
for match, and was Immediately
attacked by Robert Gilruth, who
welded a surveyors axe, cutting
Brown on the left hand and wrist.
While Robert Gilruth attacked Brown
from the front the brother is said to
have attacked him from the rear, in
flicting a wound in Browns head
with sharp instrument. Brown fell
away, he says he pulled his revolver
and shot at Robert Gilruth, who was
entering cabin. The prisoner
claimed last night that he did not be-
lieve that his bullet hit Gilruth al
though he says that the fleeing man
stumbled as he entered the building.
Gilruth was found dead with bullet
through his head. He was shot in the
mouth.
Comes to MissouIa.
Brown says he hastily left the scene
and got a rig from Henry Westerman
with the intention of driving to Mis-
soula to have his wounds dressed.
As he was passing the store at Lolo,
Brown stopped and asked Mrs.
Hughes, the storekeeper to telephone
the story of the fight to the sherff's
office here. Brown alsb advised the
officers that he was on his way to DR..
Parsons office for treatment. When
he arrived here Under Sheriff Miller
placed the man under arrest. Sheriff
Graham Immediately drove to Chick
ermans mill. and after assuring HIM
self that Robert Gilruth had been
killed, looked up the brother whom
he brought to Missoula at about 10
o'clock last night.
Another Version.
Another version of the killing is
given by John Gilruth, the brother of
the dead man. He says that the two
were working near a cabin in the
neighborhood of the Chickerman mine,
tn vi, ole at,,l CT a 10
The claim they intended to stake out
adjoined one occupied by Brown. John
Gilruth says that Brown came out OF
his cabin and approached the two
brothers. Il asked him for a match,
| said John Gilruth, "and he gave 1t tc
| me. Robert asked him where his
| claim line ran, and Brown said, Right
| through this cabin
"'Well, I'm going to stake out the
| claim anyway, said my brother, and
Brown answered him with a curse
| You -----, you'd better not,
drawing a gun.
| Robert had a hatchet in his hanC
and struck at Brown with it. Then he
| threw the little axe at Brown and rar
| toward the cabin. Just as he entered
| the door, Brown SIlot anu Sti uCk ilii
| in the mouth"
| John Gilruth says he was under the
| influence of liquor at the time, ant
| that he took no part in the fight. HI
states that he procured a sled ant
took the body Of his brother to th
latter's cabin and left it there. Late
he accompanied Sheriff Graham t.
Missoula and Coroner Kendrick wen
after the body. An inquest will b.
| held tonight.