The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1924-03-05

CIV 49,
was making moonshine when the OF
ficers came in upon him, but later
admitted that he was distilling wood
alcohol for the radiator of his car.
The officers testified that Chester
Maggard. elder son of the victims of
the tragedy, was met by them on the
road to Bozeman after he had been
notified by two young men of the
killing of his, mother and the at
tempt of his father to commit sui
eide. He was not detained. He tes-
titled that his father had been en-
gagged in making moonshine nquor.
and that he had, as an accomplice
a mysterious stranger, known only
by the nickname of "Slim." He tes-
titled, further, that his father had
left for Bozeman on the morning OF
December "a, intending to return 70
the ranch later in the day. He said
he was perfectly sober and had drank
nothing so far as he knew. The mys-
FERROUS stranger, however, remained
on the ranch and continued the dis
tilling operations.
Testimony Doesn't Jibe
He described the mysterious stran-
ger as being about 5 feet, Z or 6 OF
9 inches tall, and weighing about
las pounds, while Johnson, testifying
in his own behalf. described the
stranger as 5 feet, 7 inches or so in
height, and weighing IT'S pouncs
Maggard said he had never seen the
stranger before and had never made
an effort to learn his name. John
son said that when the officers Il
tered the house, the mysterious
stranger simply vanished. The
on that he, himself, didn't vanisk
was because he said he was not gull
ty of any wrongdoing "and wouldn't
run from anybody"
Johnson was sentenced late this
afternoon by Judge Law in district
court, to pay a fine of 5000 and
serve a term of six months in the
county jail. AS Johnson had already
been incarcerated 70 days in the
county bastile, awaiting trial, the
Judge decided to parole him on his
good behavior after he will have
served a total of so days more.
Attorney Roy M. Keister repre-
sented Johnson, while County At
torney E. A. Peterson handled the
prosecution. The jury in the case
were, NJ. B. Bond, James Clark,
Frank DeWitte, E. S. Knadler, Jake
Lucas, J. NJ. Malin, George Moss,
Alonzo Myers, F. w. Roll, William
Sterzick, Peter VanDyken and G. B.
Willard.
Grain Case Dismissed
The Ease Of the State versus Roy
Harrison, and his wife's brother, Ern-
est Thompson, charged with the
theft of 325 bushels of wheat from
the bins of C.. V. Scollard and vii
liam DeHooge, of near Manhattan
last October, and removing the grain
: to the bins of Albert Whitney, also
, of near Manhattan, was in process;
of trial from Wednesday morning
and finally went to the jury ats1:3(
= o'clock last Thursday afternoon. A
, A o'clock the jury returned a verdict
of acquittal in both cases, and tbs
= defendants were ordered released
from custody.
! TIL principal witnesses for tn,
State was Frank Su8tillo, a 19-year
old resident of the Manhattan neigh
borhood, who had refused to testif!
in the grain stealing case of Chaun
cey "Tex'' Enous, who was convicte,
: last fall and who is now serving hi
term in the state prison, on tn
q ground that, on the advice OF NJ
attorney, he might incriminate him
{ self. Sustillo testified hat he ha,
" been double-crossed by the two DE-
n fndants, and that he had hid himsel
i on the Whitney place and watche
them unload the stolen wheat fror
e a truck into the granary bins. TIL
PENDANTS, and that he had hid himseI
to prove alibis for the two men.
One of the peculiar phases of tn
case was the immunity from prose
s. cution of a young man of exceller
Il reputation who was thought to hay
l. acted in collision with Harrison an
Thompson in the disposal of the grai
at the Manhattan elevator.
lis The defendants were successful
in represented by Attorney Geogre i
in Pease. while the prosecution w;
he handled b. County Attorney E. J
If Peterson.
NV The jury was then dismissed unit
to next Monday, March 10, at whiC
to time the 100000 damage su
rt. brought by Cunningham & Bierir
I'D against r. T. Ringling, on contract