The Bozeman courier. (Bozeman, Mont.) 1919-1954, 1925-11-06
SHERIFF CHARGED
With ASSAULTING
COLLEGE GUARD
Pleads Not Guilty in Justice
Court and Case Will Be
Heard Later

Complaint charging Sheriff James
Smith with third degree assault was
filed Monday in Justice of the Peace
Axtell's court by John (''Big Jack')
Robertson as the result Of an incident
that followed the Wyoming -BObcat
football game on Gatton field last
Friday.
Warrant for the arrest Of Sheriff
Smith was issued by Justice Axtell
/ and served by Coroner West, the only
officer in the county having authority
to do so. Sheriff Smith appeared in
I justice court, entered a plea of not
guilty, and was released upon his own
lrecOgnizance to appear for trial later
No date for his trial has been set.
Robertson, who signed the COM
plant, had filed a similar document
Saturday accusing the sheriff Of hav-
ing assaulted him under cover Of
authority and without lawful neces-
sity." That complaint was later with
drawn, and the third degree assault
charge substituted
Conflicting Stories
'The trouble arose, according to
Robertson, when Sheriff Smith park
, ed his automobile in an area said to
have been set aside as a clear drive
Il way. Robertson declares he requested
Mr.. Smith to move his machine.
whereupon the latter became abusive
and then slapped and struck him.
Sheriff Smith, in a statement Civ
en- The Courier, said he had parked
us car in an open space SO he could
set i cut quickly if he should be
0 .,a'sf 2on to discharge official du-
, tiEs -5Ra town or in the country.
! Es9 esseESSv~' .i,>t Robertson came up
! 60 him, ;foaiSsl- md cursing, and
= ordered }nn4 - r0gp forthwith. ~
! didu't feel tbsJ / has - tand fol-
q such treatment" said ~. Sml, \, "and
D. I showed my resentment. cidn't
N hurt him
Is Robertson Nce Officer
Mr., Smith explained that, as far as
l. he knows, Robertson is not an officer
Of either the state or the city, but
B; acts merely in the capacity Of Z
IL guard at the college. when I frs
er went into office, 1 deputized Robert
sen for two years, the limit under
n the law. He did not appear last Jan
W uary to have his deputy's commission
nd renewed. Consequently he is not, a
n. this time, special deputy sheriff
n, and as far as / know is not an office
at at all"
s. Robertson was once chief of polio
to of Bozeman. He has been at the col
8 lege for two years and, according t.
officials of that Institution, has au
thOrity to enforce rules and regula
tions regarding traffic on the campus
ge He alleges Sheriff Smith violate
k these rules. The sheriff, however
of claims that while he might be tech
n nicallS guilty, in reality his machin
Y" was parked where it was in no one
of way and that it was necessary h
O. have free access to it in case Of emer
so gency.
st Peterson to Prosecute
a AS official prosecutor, County AT
be tOrney 3. "a. Peterson will hav
es charge Of the states case agains
e. Sheriff Smith should it come to tria
Had the first complaint been allowe
to stand, Mr.. Smith would have bee
or tried in the district court. The pres
sr- ent case viii be heard in justic
on court Conviction Of third degree as
sault carries a maximum penalty c
$500 fine, OF. six months in the count
Jail, or both.