The searchlight. [volume] (Culbertson, Mont.) 1902-current, 1910-07-29
FOUND GUILTY
Jimmy Hayes Found Guilty OF
Beating a Man with Rcvol-
yer and Sent 10 Jail.


ana Star Telephone Company up
TO about week ago,
HAYES was brought before l.. T.
Miller justice OF the peace, vester'
day morning F. Nj Cutlin ap-
peared for the defense and Paul
Babcock for the State at the request
OF Judge Miller as the county at
torney could not be present, The
defense demanded jury trial.
A jury was empaneled consist
ing OF Rev. ID. c. Cowan, 4.
Bruegger. + w. Richardson,
John Brown, q, A. anes and +.
5. Reed.
There were several witnesses eN
ahmed. Among them were four
who were members oil the box car
dodgers who witnessed the beating
up oil the complaining witness,
Sunderland, the complainant,
| testified that he had been sleeping
I'm a box car east OF the depot
Tuesdsy night and that about 2:3o
o'clock "Wednesday morning he
was awakened by revolver shot
into the car and by orders 10 come
out. There were three or ionr
other men i'm the car but witness
was nearest the door. lie jump
ed to the ground where he saw two
men one of whom was the defend
ant, Jimmie Hayes, The latter
commenced beating witness over
the head with a revolver, striking
him with the gun four or tve
times. The witnesses head and
lace were silent testimony OF the
fact that he had been beaten up
alright.
j, John Murphy was the next wit
ness and he had been beaten up
about as badly as the complaining
witness. His face was an awful
sight 1t appeared from his test,-
monv tha, there we're seven oil the
floaters in the gang and that they
took sleeping berths in separate
special cars, Murphy beiag in the
second car He was awakened by
the racket and soon alter the two
2 men who acted As porters Tor these
specials. appeared at the door ol
his car and ordered "all out" Muir.
, ply sprang out and was al once
beatrn up with gun. lie thought
Jimmy Hayes was "the man be
). hind the gun" but on cross.e exam
c inatien could not positively Identi
n fy him.
ID. { Cresge, another artist whit
hod berth IN this Asiatlc Llmitee
i Car, testified very clearly that h'
saw Jimmy Hayes assault Sndcr
n land from his berth in the secont
q tier ON top oil some lumber.
y Henry Smith also had toI
: berth and witnessed the assault
after which he crawlcd back int,
C hole behind the lumber IL,
II identihd Hayes as the man will
d the gun.
Il Paul Bodling, another lodge
with a higl. berth. corroborate'
u the above testimony. IL seem
that the high roosters were NOR
lucky than those that slept on th
ground floor.
, lack Higgins, w. Nj. McGin
ness and l.. l.. Schow were Gale
as witnesses by the defense. III
:, defense attempted to show by MI
Higgins that he had been accuse
oi the crime by some one but tn
as questions were ruled out ot order
3; Mr.. McGinness testified ths
ne Hayes had worked for him on Gil
il. Gus day and the day after IN th
he St. Paul Hotel and that his wor
al was satisfactory. Mr.. Sehom te:
X t,fied that the defendant, Hayes
el had worked for him about thrs
,re months as swamper and cook
Ike the Phoenix Cafe. and that h
ICE work was satisfactory. This wa
ms 10 establish Mr.. Hayes repuiatio
as working man.
MS However. no evldhnce war Il
ILL., troduced IN rebnttal oil the ev
md dence oil witness that Hayes act
nd ally committed the assault.
.rn There were few sldelights, sue
vas as an intimation oil hold up
some unknown man by hobo'
zen previous 10 the assault, and
inc bloody shirt seen by .lads" :
;ne ter the assault On the whole
inn was one OF the d,rt,est casee th
M. the Searehlight has ever chrn
,,al icled
ne Alter hearing the case the ln
He brought in verdict OF guilty
The charged and left the penalty
ard Judge Miller The latter impos
led a fine OF S2oo and sentenced him
COR three months in jail besides. 7
attorney for defense at once ga