Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1927-12-09
BY r. f.. COONEY

hN 80 NoD4'I
mo PLEAD guilty to first degree
murder, to be sentenced to be
hanged by the neck until dead
and to be a free man an hour after is a
record held by a nondescript Butte
visitor who may or may not be alive
at this writing. Perhaps it all seems
like a bad dream to him if he is alive
and remembers it at all.
1t happened in Butte's golden age in
the ,80's when Butte's lodge of Elks No.
gao was in its infancy, when the hand
of the law had not halted the gay career
of liquor dealer or gambler. When there
were 10 men for every woman in the
camp and when Butte had that civic
percosity and spontaniety characteristic
OF new and prosperous camps.
''Two-forty'' held its weekly meetings
in q building on the site of the present
Metals Bank building, and was IN ses-
sion as usual. Marco Medin, who tells the
story, was present but most Of the other
brothers there on that memorable night
have crossed the Divide either literally
or figuratively. There were many law
yer members of the Elk at that time
and they were present that night in
force. Just adjacent down the street
was the old Comique theater-theater,
saloon, dance hall, hurdy-gurdy, all IN
one from which the cries Of the beer
singers of Draw two, and a two-bit
rope" would float through the hin walls
to the chair Of the Exalted Ruler.
The meeting had opened with the GUS
tomary formalities and the ritual was
being observed, when lou SHORES inter
rupted the proceedings. THE brother
who snored is fined $40 by the chair, =
angrily announced the man with the
gavel. The offender was located peace
fully sleeping full length under one OF
the benches and he had been there since
before the meeting started. Awakened
he declared be didn't know how he got
there. but at all events he was not an
Elk. The lodge went into informal SEES
sion to consider his case n the esquire
and tiler marched him up to the sta
ton of the Exalted Ruler. The setting
looked very much like q court room
in fact, 1t may have been used for that
purpose at that time.
Are you aware of the henious crime
with which you are charged and for
which you are about to be tried" asked
the Exalted Ruler. meaning of course his
presence without being a member.
"No, your honor replied the culprit
Il just came to town from Judith Gar
yesterday and I got drunk, your honor
Please, your honor, what Is the charger
The victim had no doubt about being
In a court room.
Taking the cue, one Of the lawyers
present picked up an incidental paper
and proceeded to read the information
Improvising as he went along he read {
lurid charge Of how job Doe the night
before had shot n killed one Johr
Smith, bartender at the Comique thea
ter. The poor victim interrupted to say
that his name was not JON Doe bui
Robert Jones, and that sometimes he rode
range but mostly he herded sheep around
Judith Gap, the Shonkin and various
other ranges.
A little disappointment fell over the
group when he admitted he had nc
money with which to procure counse,
and two lawyers present we're appointed
to defend him. From time to time tho
poor defendant buried his face in his
hands sobbed u loud and murmurec
about his mother and the folks back
home.
Thu trial proceeded swiftly, a jury wa;
lmpanneled, s~hockingly without formal
lty. Several witnesses testified to the
details of the shooting after being duly
sworn in the old-fashioned way on Q
dictionary. The defendant, as a matter
Of fact. was Just emerging from q 24-houi
spree and 1t looked very real to him, Eis
attorneys had pleaded mot guilty" fol
him voluntarily. Some OF the lawyers IN
Butte IN those days hadn't much prac-
tlce and they were prepared to show
what they could do. The alleged county
attorney. who with opposing counsel
mad slipped out repeatedly to Visit the
bartender. was loaded with %surcnargec