Great Falls daily tribune., 1920-10-15
BAIL SET At $4,000
FOR GUST, ACCUSED
Of SULLIVAN DEATH
Judge Ewing Holds Evidence
Presented at Inquest Does
Not Justify Refusal.

First pointedly saying that he was ex-
! pressing no opinion relative to the guilt
| or Innocence Of the defendant or the
degree of the crime alleged, Judge H. II.
Ewing in district court Thursday after
noon admitted to bail Ernest r. Gust,
accused of first degree murder as a
consequence Of the death Of ". II sulli-
van on September q. and fixed the
amount Of his bonds at $4,000
| Gust was before the court on habeas
corpus proceedings initiated in an effort
to obtain bail. In ruling on the petition
Judge Ewing considered only the evi-
dence brought out at the inquest held
over Sullyan's body. The coroners jury
on September 2S returned a verdict hold
ing that Sullivan's death was traceable
to blows delivered by Gust during fight
on Third street north.
Judge Cites Parallel Cases.
| Judge Ewing addressed the counsel at
length before announcing his decision end
read supreme court decisions on two
parallel Kansas cases. in which it was
held that the showing made at prelimin-
ary hearings was not sufficient to war
rant rejection Of the defendants peti-
tions for admission to bail The court
held that the preliminary hearings re
ferred to corresponded to the Sullivan
inquest.
This matter must be determined SOLE
ly upon evidence introduced at the n
quest" said Judge Ewing in part, 'and
in the record of that hearing there is
nothing permitting the court to deny
the defendants application for bail. The
court finds precedent clearly establish
ed in the two Kansas cases | have just
read. There. as here, the controlling
statutes are not of a nature to prevent
the prisoner from being admitted to bail
when considered in connection with the
evidence / ask to be clearly understood,
however. that in this decision | am not
expressing an opinion as to the guilt or
innocence of the accused. or the crime
charged against him..
Testimony at Inquest Considered.
Judge Ewing had before him tran
scripts Of the testimony given at the in
quest by the only witnesses then called.
These were Probation Officer A. A. Car
penter, who placed Gust under arrest;
R. w. Scott. who with Carpenter saw
the encounter between Gust and Sulli-
van. and Dr. L. f. Walker. who made
post mortem examination of the body for
County Attorney Fl. G., Bennet. ]. W.
Freeman, of counsel for Gust. called the
witnesses at Thursdays hearing and ask
ed whether they desired to make cor
rections or additions to their former
testimony. No changes of Importance
were made by any of the witnesses
County Attorney f. 4. Ewald appeared
for the state at the hearing, but be-
cause Of the nature of the proceedings
extended cross examination was not per-
missable.
Expect Ball VIII Be Raised.
Mr.. Freeman stated after the hearing
that his client will probably raise the
bail demanded within the next few days.
The case will be set down for trial at
the November jury term of the district
court
Sullivan's uncle, w. p. Grooms. Of
Pendroy, recently announced that the
family viii employ counsel to assist the
county attorney and his staff.
Interest in the case continues to center
around Gusts motive in making the al
legged attack on the man he is accused
Of killing Sullivan, who was former
railroad man, had been employed all sum
mer at his uncle's ranch and on the
morning of his death started for his home
at Fountain, Col. stopping over in Great
Falls while enroute. After his arrest.
Gust told the county attorney that he bad
never seen Sullivan until that day and
that he had been introduced to him by
Walter Marcott, former Great Northern
conductor Gust was also a conductor
for this road,
Alleged Three Had Been Drinking.
Gusts story was that he went to Sui
Iivan's hotel room on the night of Sep
tember o7 and found Sullivan and Mar
cott there according to the county at
torney The three had several drinks
of whisky from bottles which Sullivan
owned, the prisoner said. after an "argu-
ment" between Marcott and Sullivan had
been amicably adjusted. According to
witnesses, the three men had scuffle
in the hall as they were going to the
elevator but they all left the hotel to-
gether. apparently on good terms.
A dispute between the men occurred
at the corner Of Central avenue and
Third street, according to stories told by |
witnesses. and Sullivan started running |
north on Third street, Gust leading Mar
cott in the pursuit Officer Carpenter,
Mr.. Scott and several other witnesses
saw the fight which followed when Gust
overlook Sullivan short distance from
First alley. Sullivan died in the elevator
in the Columbus hospital from cerebral
Lemorrhage, caused according to DR..
Walker, by external violence.
paDrIcT riIltPrL