The Carbon County news. [volume] (Red Lodge, Mont.) 1924-1931, 1928-11-22
BEAN Thief MET
DEATH AT HANDS
OF ARMED GUARD
Elk Convict Almost Instantly
Killed at Mason Siding
Friday Morning.

A man lies in his grave, disgraced
and reviled. He was placed there
through attempting to make living
without working, A youth languishes
behind the bars Of the Carbon county
JAIL He will receive sentence next
Tuesday and will undoubtedly be sent
to the penitentiary. This is deplor-
able start for youth.
Friday morning, at about 1880,
Thomas H. Kelly, former convict,
aged about AZ years, engaged pre-
sumably in the business of running
a taxi in Billings, and Clarence Day,
stepson Of Pryor rancher, attempt
ed to steal quantit of beans from
a railroad car standing at the Mason
siding in the northern part of Carbon
county.
The two hlghwaymen drove up to
the car in a bold manner, Kelly in lead
in a Nash sedan, and Day, who is only
10 years of age, was driving a new
Star sedan which had been presented
him by his parents only the evening
before
The two men tore paddock off the
car and boldly entered, but the owner
of the beans, Phillip Stanley, farmer
living north of Silesia, accompanied
by NJ. B. Slusher, bean buyer for a
Billings firm, had hidden themselves
in the car, having themselves locked
i'm. They were armed and were there
with the intent of protecting their
property, as Mr.. Stanley had lost some
beans previously in a robbery.
As the two thieves entered the car,
they remarked upon the fact that here
was another bean buyers outfit and
it was an easy outfit to rob. Seven
sacks were rem,wed and six of them
had been placed in the Day car and
the seventh had been carried to the
running board of the Nash car, when
the men in the car opened fire.
Slusher was armed with a shotgun
and he stated at the coroner's inquest,
which was held Saturday afternoon,
that he fired to cripple the bandit In
the legs. However, being at short
range, the shot and wad entered the
dead mans right leg about four inches
above the knee making hole at the
entrance of about the size of a silver
dollar, and emerging at the rear
where a large hole was torn out.
After being shot, the man jumped
to the ground and dragged himself
around to the right front door of his
car and when found the next morn
ing, was partly inside the car, his
hands almost grasping a rifle which
was lying in the front seat.
The body was cold, the unfortunate
man having apparently bled to death
The head was erect and it looked as
though he were just in the act Of
dragging himself into the car.
1t is rather confusing as to just
what actually happened to young Day
1t would seem that he was outside OF
the car, loading the beans into the
autos as the other man handed then
out the door. A second charge OF
buckshot was received by him IN the
arm and this would indicate he hao
attempted to protect his face BY
throwing his arm up. He is not seri
ously wounded
Slusher fired the shotgun only
twice, but each with deadly effect
Stanley was armed with small rifle
which he fired four times, but appar
entity his shots all went wild. The
bandits were we'll armed, Day having
small rifle and a pistol and Kelly
having a rifle in his car.
Not knowing how many were IN tht
raiding party, Slusher and Stanley re
manned inside the car until daylight
but having the Star car in view at al
time, they allowed Day to enter thu
car and kept him there until morn
ing. Day at one time told the mel
there were several of them OUTSIDE
and then asked for drink of water
The fact that light was flashed IN
side the car several different time
justified the men in the belief tina
it was unsafe for them to emerg
from the car, and at daylight a daugh
ter of Mr.. Stahley's came over witt
the intention Of unlocking the pad
lock and letting them out. The,
called to the girl and advised her t
be cautious and she talked with younl
Day and told her father and Slushe
they were safe in coming out.
Day was taken to nearby building
and after his wounds had been dresse
as well as possible Slusher started t
Laurel with him, where he was guard
ed by officers. Later he was brough
to the Carbon county Jail, as Sherlt
John Albert and County Attorne
E. P. Conwell had reached the seen
of the tragedy.
Later in the day County Corone
Byron B. Downward brought the bod
of the slain man to Red Lodge an
on Saturday afternoon at l o'clock
coroner's inquest was held here.
CONTINUED on page 81