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About Fergus County Argus (Lewistown, Mont.) 1886-1946 | View This Issue
Fergus County Argus (Lewistown, Mont.), 22 Nov. 1907, located at <http://montananewspapers.org/lccn/sn84036228/1907-11-22/ed-1/seq-1/>, image provided by MONTANA NEWSPAPERS, Montana Historical Society, Helena, Montana.
The Very Best--..ort JOB PRINTING At the Argus Office , Vol. XXV. No. 17. ountv LEWLSTOWN. FEROUS COUNTY, I tT., FRIDAY, NOVEMBER 22, 1907. Get Your --....m. Stationery Supplies At the Argus Office Price 5 Cents. REPUBLICAN IN pounes, AND DEVOTED TO THE MINERAL, AGRICULTURAL STOCK AND WOOL INTERESTS - OF THE GREAT JUDITH COUNTRY. 1/7 geZZZI 2 :Z7Ztg. - rx-vnin - dir II • • • Linens for Thanks= 'yin Table Linens Guaranteed all linen 70 inch Satin Damask at yard . . . 65c 70 inch Satin Damask at yard. . 754 72 Inch Satin Damask at pail. . 95c 72 Inch Satin Damask at yard. $1.00 72 inch Satin Damask at yard. $1.25 72 loth double satin finish at yd $1.35 72 inch double satin finish at yd $1.50 72 inch double satin finish at yd $1.65 72 inch double satin finish at yd $2.50 72 inch double satin finish at yd $2.50 Silk Under. skirt Bargain $4.95 A full finished oil boiled taffeta silk underskirt made lip In all col- ors. The f1011aCeS are in all silk taffeta or with sateen drop or plain skirts in the lot that are worth $111, price each $4.95 In the Men's Section.. The Grandest Exhibition of Autumn Furnishings Now' Exhibited New fall shirts in either negligee stiff or semi -stiff bosom In plaited or plain fronts, cuffs on or off, coat or regular style. In black and white stripes, fancy checks and Roman stripes. $1.00 and1.50 Handsome Fall Neckwear Handsome fall neckwear. An ele- gant line of new holiday neck- wer in full French fol ded four In hands. In plaids, Norman stripes, golds, tans, browns, grays and greens. Very special values at.... 500 Men's Fall Gloves Here you will find se assortment of celebrated work and dress gloves In all the correct new fall shades. All sizes including cadets' and in very satisfactory leather. $1.00 to 3.75 Men's Overshoes Men's good grade extra high topa 4 buckle overshoes Made In snow excluder style. Mar* heavy heel and sole. Special for this week... $1.85 pair ARRANGING FOR SHERMAN'S TRIAL Judge Cheadle Gives Notice That If Change of Venue Is Demanded, He Will Send Case to White Sulphur --Will Call Another Judge. Judge Cheadle assembled the mem- bers of the bar in chambers Wednes- day afterdoon and took up the mat- ter of making a setting of cases for early in December. The Judge an- nonnced that he would leave this morning to take Judge Stewart'a place on the bench, the latter having been disqualified in some pending cases, and It was finally decided to make no further setting of Jury cases until Jan. 6. Soon after that the trial of James Sherman for the alleged burglary at the postoffice will ()Mir. unless it should be sent elsewhere. J. C. Huntoon, representing Sher- man, was asked if he intended to seek a change of venue and replied that he had not fully decided. Judge Cheadle remarked that if he did, the request would be granted, but the case would go to White Sulphur Springs. It would not, the court stated, be transferred to another district. His honor also stated that if the case should be set for trial here, he in- tended to call in another Judge to preside. As between White Sulphur Spring's and this city, the defense will not have much choice, but will probably favor Lewistown. Sherman will be arranged next week, and at that time, it is under- stood, Mr. Huntoon will raise a nice legal point as to the jurisdiction of the court. The burglary was com- mitted at the postoffice, and Mr. Hun- toon will therefore urge that the case should be tried in the federal court. The state will insist that the dis- trict court has jurisdiction, particu- larly as the cash stolen was the prop- erty of an individual. Hamilten Litigation Settled. The case of R. S. Hamilton against R. El. Hamilton came on for trial in the district court Monday presenting the rather unusual spectacle of a father suing his son. During the course of the trial, however, it devel- oped that there was no real difference between the parties, the litigation be- ing the rermit of misunderstandings which might have continued indefi- nitely except for the trial. The ac- tion was brought to recover some $2,057 and interest alleged to have been given by the defendant to his mother. The defendant, however, contended that he had given certain deeds as security for the notes, and while he acknowledged that the amount demanded was owing, he wanted his property back. The fath- er and mother testified that they had no desire whatever to retain the prop- erty in question and only sought a settlement, there being nothing what- ever to disagree about. A recess was taken, and the property was deeded back to the defendant, and he con- sented to Judgement being teken on the notes. This was followed by a reconciliation between the parties, who had been estranged for some time. Several other cases pending, all grow- ' Mg out of the general misunderstand- COMPLETING ing„ were later dismissed. Water Right Case. The case of William M. Abel and Jahn F'. Abel against Herman Otten Gallows Frame Going Up at the Drake Property—Ratimbering was taken up Tuesday, R. vonTobel appearing for the plaintiffs and Bieck- the Shaft. ford & Blackford for the defendant. The question involved was the right of the parties to the use of the waters of a spring on Beaver creek. The jury returned a verdict in favor of Mr. Otten. Court Notes. In the case of the 'Serrate Creek Sheep company against Woodruff, the plaintiff's demurrer to the defend- ant's answer was this week sustain- ed by Judge Cheadle and the defend- ant allowed 20 days to amend. Judgement by default was entered In the district court this week In the case of Charles Lehman & company against E. W. Moody and the Fergus County Hardware company against C. W. Thurston. down in a very comfortable attitude and remained until counted out. The majority of the spectators did not Sea this blow at all, and Most a those who aid were of the opinion that there w\Thenroe kn w o a c s kout in one itliminary, Kid Bailey and Kid Bell mixing it for four rounds, the bout being called a draw. Battey Is much lighter thau his opponent, who is an aspirant for high honors in the ring, but he made a great showing, fighting every sec- ond of the time. This contest gave great satisfaction to the crowd. Ervin stated again today that there was no 'fake about tile contest last attributing his knockout to a chance blow. He ennounced that he would fight any man in Lewistown for $1,500 a side. LATEST NEWS FROM KENDALL Rapid Work is Being Done on TtTam- way From Santiago to Ken- dall MIII. Largest Inheritance Tax. In the matter of the estate of the late Oscar Stephens, which was clott- ed up some days ago, the heirs have paid into the county treasury the sum of $9,766, the amount of the inheri- tance tax on the appraised value of the estate. Of this amount 6 per cent, or nearly $6,000, goes to the state, while the general school fund of the county receives the balance, nearly 5,401.10. This Is probably the largest inheritance tax ever paid in the state. Read the Argus and get all the news. REFEREE DECLARES SMITH. ERVIN CONTEST . NO FIGHT The boxing contest at the opera house last night between Harry Smith, of the city, and W. M. Ervin, of De- troit, was the most unsatisfactory af- fair of the kind ever pulled off in Lewistown, and the snorts of this place have !templed some pretty queer bouts in the past. The end came in the middle of the fourth round, when Ervin went down and stayed there while Referee Joe Murray counted him out. The opinion of nearly all of the spectators was thpt Ervin was not knotked out at all; but that he simply found himself completely out- classed, and having absorbed a few punches from Smith, concluded that Use best thing he could do was to get out of it at the earliest possible mom- ent. Bo far as Smith is concerned, the audience, for the most part, gave him credit for being on the square and doing hls best to win. It was certainly all his fight as far as it went. Referee Murray was so dis- gusted at Ervin's conduct that ho promptly declared the affair no fight, and announced that an bets were off. Inunediateily after the bout, he said to the Argus: \This was the rottenest fake I heve ever witnessed, and I have seen a few.\ Smith was acclaimed by the crowd and in his dressing room, stated that it certainly was a knock out blow he delivered, landing on Ervin's jaw as the latter VMS coming in. Ervin corroborated this, and stoutly denied that he, had done any faking at all. Dr. Hedges, who examined the man just after his seconds picked 'him up from the fluor, states that Ervin Was certainly knocked out. Notwithstand- ing all this, however, the crowd, al- most to a man, was and is entirely sat- isfied that the whole thing was a fake so far as the Detroit man is concerned, but completely exoner- ating Smith. The first round was entirely spent in sparring for an opening, the men being content to size each other up. In the second, Smith landed a solid one to the ribs, and Ervin replied with a light one to the same spot. Near the close Smith landed two blows on the face and Jaw and Ervin got In a couple of very light ones. There was no rosin on the floor and both men slipped to the boards twice. Very little was done in the round, but Smith had a shade the better of it. In the third Ervin sent his left to the ribs lightly and Smith pave him a stiff punch to the jaw and one on the ear. Things were warming up now and the crowd was expecting to see the real thing. Whelk they came up for the fourth Smith got in a light one to the face and Ervin went to the boards. He has this fake fall down to a fine point, and mune up so suddenly that he took Smith by surprise, but was still unable to do a bit of damage. He immediately worked the same ruse again, and as he was closing in on Smith, the latter, who was prepared, sent his left to the jaw. Ervin went BIG TRESTLES Kendall, Nov. 21.—The large trestle over the Kendall mines tailing dump is now nearly completed and it will not be long before the Santiago ore is being run to the mill. A drift is being run into the hill side on an- other body of ore, which was cut through while digging the grade for the tramway. The Santiago shaft has been restimbered and the work of raising the gallows frame started. Coal is being brought into Kendatl in large quantities, s laden with it being seen every moon. This shoes that the people, intend being prepared this year agahist the winter storms. J. ii. Kidd is very busy these days practising the decorative art. In ad- dition to 41 contract of painting and decorating the new house of the man- ager of the Barnes -King mine, he has also the work of re -decorating the Rock saloon of Smith & Arnold. For the latter work he has had to have the assistance of Brock. and together they have accomplished a tasty piece ef work. Mr. B. E. Stack, accompanied by Mr. Green, were Kendall visitors last week. Mr. Green was lately assistant geologist to the Amalgamated Copper company of Butte, and is now man- ager of the coal fields belonging to the Great Northern, situated two miles from the new tow, ot !ffindham. Mieg Nellie Fahey, Wee' thrown and Miss Mabel Poutra. attended the meet- ings of the teachers' institute at Lew - !steam last week. Dr. L. Si. Conynetam was a visitor to the county seat this week. Any quantity of good oats can now be bought at $1 per hundred In and around Kendall, which is becoming a ranching, as well as a mining district. Quite a number of horses have stray- ed of late, although the straying part apparently has been helped by human hands, who are now waiting for a reward to be offered. Many of the horses have run loose for a long time and it can hardly be a co -incidence that these old timers should have a good home for chance pickings. A few friends met at the home of Mr. and Mrs. Charles Parks on Sun- day and partook of a most tasty meal of venison and chicken. Chas. Renton is in from his ranch at Deerfield. Fred Rector and August Shoquist were up from Lewistown Thursday on business. W. J. Blackwell was In from the Lincoln ranch on Friday. A. Kaufman, with his troupe, came up Sunday. J. R. Buckley, of San Francisco, reg- istered at the Shaulee. \Doc\ Heinelte came up from Lewis- town on Sunday with his moving Pic- ture machine and gave two displays each night on Monday and Tuesday at the Jones opera house. On Tues- day evening Charley McLean rendered in song, \The Holy City,\ which was beautifully Illustrated on the sheet as the song proceeded. J- I Westergreen, of Zortotan, came (Continued on page IL) . C. SMITH KILLS Tragedy Enacted At Pine Grove Yesterday -Smith Claims Self Defense and Will Invoke the Un- written Law --Woman Cause of Killing. Chester ,C. Smith, a young rancher who is well known in this city and at Gilt Edge, shot and killed Walter Falrburn, another rancher, the trag- edy growing out of the alleged im- proper relations that had existed be- tween Mrs. Smith and Fairburn. Im- mediately after the killing, Smith mounted a home and rode to -this city, where he surrendered to the of- ficers. He then made a full statement of the whole case to County Attorney Roy E. Ayres, being Joined about mid- night by his wife, who followed him to Lewistown. This morning County Stenographer Hal Gibson, Frank E. Attorney Ayers, Coroner F. F. Attlx, l ija ng rk wh il i o le me arr ii i:ng .er am ' enstatbalenttrhitsh€7 morn - Stenographer Hal the defendant's attorney. Chest- back to the scene of the tragedy were er Smith and his wife and Deputy being completed, and it was evident Sheriff Biglen left for Pine Grove, from her bearing that her sympathy where the inquest is in progress th13 was all with him. Smith's frankness afternoon, and general demeanor impressed all Smith's Statement of the Tragedy. who came in contact with him favor. AS before stated, the killing was ably. He appears to be anything but the outgrowth of the relations teat a \bad man.\ had existed between the deceased and Married Last Spring. Mrs. Smith. The wronged husband Smith and his wife were married had suspected this condition of affairs only last spring, the women being a for some time, and not long ago came daughter of D. K. Anderson,a well to the city and consulted with the known citizen of Pine Grove. Smith county attorney in regard to the mat- admits that his wife's conduct prior to ter. Sudh foresaw that trouble would the marriage was not above reproach, result from this condition of affairs, but ehatever she may have done was and wished to know how to protect condoned by his action in marrying himself. Very recently he secured her. Following this, however, he sat - from his wife a confession of her fled himself that Fairburn was con - guilt, and yesterday morning he went tinuing relations sustained before the to the postoffice at Pine Grove to con- marriage, and It was to tax him with front Fairburn. He met the latter this that Smith went to the postoffice there, and accused him of maintaining with his wife yesterday. improper relations with Mrs. Smith, Smith formerly lived at Gilt Edge, asking him If he denied it, confront- where his reputation was good until tug Fairburn with the woman. This about three years ago when he and all occurred outside of the postoffice, another man were arrested for an el- and Pairburn, instead of making any leged criminal assault upon two girls, direct answer, said, according to one of the latter being named Fiat& Sndth. \I'll kill you you s --of a b---; gan. There was no evidence to sue - at the same time picking up a rock. ULM the charge and he was soon turn - Warned Him to Stop. ed loose As he advanced a step, Smith warn- ed him to stop, he says, but Fairburn Pneumonia Follows a Cold threw the rock, which missed its mark, But never follows the use of Foley's and he then stooped for another stone Honey and Tar. It stops the cough, and was advancing when Smith, who heals and strengthens the lungs and had a 32 calibre automatic pistol in prevents pneumonia. C. H. Williams. tilic nand, fired. The bullet missed Fo. Falrburn and Smith fired again. This time his aim Was true and Fairburn Yesterday afternoon at Pine Grove, fell with a bullet In his brain, the ball having struck hint in the fore- head. Ile died almost instantly. Claims Self Defense. Smith claims that he tired in self defense, but it is evident that he will also rely on the unwritten law. He was perfectly cool last night and this morning, but fully realized his posi- tion. Ills bearing Is simply that of a man who was driven to desperation by the situation that confronted him and there Is an entire absence of bravado in his manner. Wife Stand By Him. aarti. Smith, a comely young wom- an, stood with her husband at thri Read the Argus for the news. • FARMERS' INSTITUTE FOR LEWISTOWN DECEMBER 11 The farmers institutes to be held in this county next month promise to, be far and away the most instructive, interesting and generally beneficial of any ever arranged for this locality. The Lewistown meeting will be held Wednesday, Dec. 11, with meetings at Moore Dec. 12, sad Straw Dec. 13. The speakers assigned to this dis- trict by the board are F. S. Cooley, of Bozeman, superintendent; Prof. M. I. Elrod, of Missoula, Prof. R. W. Clark, H. 0. Buckman and E. Bronx Martin, of Boveman. all noted experts in their various lines. In his announcement Supt. F. S. Cooley says: \In presenting this fourth bulletin of Montana farmers' Institutes atten- tion Is called to the growing esteem in which this branch of work has been held. The state, through its leg - islature, in response to the demands of its farmers, has lately increased the appropriation from 14,000 to $7,- 500 a year for this branch of exten- sion work. It has been found neces- sary to meet this expansion by call- ing a superintendent to give his whole time to institute work, thus reliev- ing the director of the experiment station from attention to detail and routine. The station director will. however, continue to be secretary of the board of administration and take an active part in the program of farm- ers' meetings, as heretofore. \A list of speakers with subjects on which they are prepared to speak has been carefully made, and will be full of interest and touching upon the most vital things with which the farmer has to deal. It is the aim of the board to secure the best inform- ed speakers, those who rank as ex- perts and authorities on the topics they present. Agricultural colleges and experiment stations are, and have been during the past. two de- cades, contributing richly to the ag riculturiat's fund of information. To present this information to the farm- er in a practical, clear and concise form is an important part of our work. The agricultural college pro- fessor. the experiment station Inves- tigator and the progressive farmer each contributes a valuable share to our program. \To the local agents Is left the se- lection of topics to be discussed and, as far as practicable, the speakers. Speakers often have to decide be- tween several calls for the same date, and many are available only for • very limited time. \Where Institutes are to consist of two or more sessions local represen- tatives are urged to secure home tal- ent of ability to furnish music, en- tertainments and short talks or dis- cussions of the topics offered. In so doing you will not only materially add to the interest at your own meet- ing, but will be the means of discov- ering new talent for more general use throughout the state.\ S. S. Hobson and Samuel Phillips are designated to niake the arrange- ments for the meetings In this City. and S. E. Peterson, editor of the In- land Empire, for Moore and Straw. HARLOWTON HAPPENINGS. Preparing to Put Up Episcopal Church In That Town. Harlowton, Nov. 21.—The realty market has been very active lately, several tracts Just outside the town limits having changed hands and sev- eral town lots were sold, mostly, peo- ple buying for an investment. Rev. Mr. Anshntz conducted services Sunday, both morning and evening, in the school house. Mr. Anshutz re- mained in town until Tuesday morn- ing and devoted hie time to soliciting subscriptions for an Episcopal church building. He was very successful, and beyond question Harlowten will have a church building before very long. R. R. Hammook, of Helena, was a business visitor in town during the last week. The buildings of the Urner Mercan- tile Co. and Mr. Weston's /saloon are progressing rapidly. The Weber build- ing is nearly enclosed and will be ready for the dance of the band boys Friday evening. The ladies of the Presbyterian church held a erg successful supper at the Jenizen building on the flats ised evening. C. H. Hodges has nearly finished a warehouse for grain and hay. He will soon he open for business in the general feed line. STANFORD NEWS NOTES. Articles of Incorporation of the J. R. Long Land & Investment Co. have been hied in Great Falls. The corn- pany will carry on operations in Fer- gus county having acquired the inter. 'Transfers THE LthEeSTLA0TcaElMRAeaRI Estate to A deed from the t I)Market During Past Week. The supreme court this week de- cided the county printing case from Carbon county. the Issue in the ac- tion being identical with that pre- sented in the suit brought in this county. The decision is to the effect that the contract awarded by the old board of commissioners for a term of two years is valid. This ruling ap- plies, of course, to the case instituted by the Argus, and will result in the county printing coming to this paper for a period extending until one year from next January. The Democrat has done the work thus far this year under the contract entered into after the old board had awarded the 00n - tract to the Antes for the same per- iod. There is now pending a damage suit in which the proprietor of the Argus seeks to recover such profits as he has been deprived of through the action of the present board in awarding the second contract to the Democrat and ignoring the first con- tract, the. validity of winch is now fully sustained. While some prelimi- nary steps will be necessary to clear the way and dispose of the pending suit, the county printing must Inevi- tably come to the Argus, which will thus again become the official paper of Fergus county. The full decision has not yet been received here, but the gist of it is even In the Helena Independent, as follows: \The authority of retiring county commissioners to make a two years' contract for public printing was up- held in an opinion by Justice Hollo- way in the case of the Picket Publish- ing company vs. the board of county commissioner!' of Carbon county. The commissioners In December, 1904, entered into a contract with the Pick- et Publishing company for the county printing for a term of two years. In December, 1906, this contract was re- newed for a period of like duration, extending the time to December, 1908. However, the personnel of the boiled was changed by the election of No- vember, 1906, and in January. 1907 the new board without the knowledge and consent of the Picket Publishing company, mad , mit entered upon Its minutes an order which assumed to ahrograte and 'vet article the contract of December, 1906, made by the old hoard. Al a conclualon to the ensu- ing litigation, the above opinion was rendered \ eats of Bower Bros. The five direct- ors to serve for the first term are John B. Long, Harry C. Ewing, Rey F. Clary, Matheson Murray and Thomas Chamberlain. Each of the di- rectors owns $100 of stock, the en- tire capital stock being $600,000 which Is divided Into 600 shares. Kr. Chamberlain will have charge of the ranch. Mrs. E. F. Tuttle, of Lewistown, spent last week with friends here. John Egland made a brief visit in Great Falls last week. Word has been received here that Mrs. H. G. Berger, who underwent an operation at Rochester. Minn.. last Saturday, is doing very well and will be out tif the hospital in a few days. Mr. Berger, who IP with her, writea that no operations were eerterated on Monday ter lack of room in the hospital, there are patients from all parts of the world. and &GM 60 to visiting doctors are In attendance tit the operations. Messrs Porter&Pontetot the Great Falls bleat Co., have been at tho Poole ranch the past week. It is un- derstood Mr. Pontet will have charge of the ranch in a short time. Chapped hands are quickly cured by applying Chamberlain's Salve. Price, 25 cents. For sale by C. H. Williams. Ch. Dexter to W .C. Burnette, transferr- ing a 120 acre tract in section 14. township 16 north of range 21 east, was filed for record. W. C. Smith has sold to L.. H. Woody for $4,800. a 160 acre tract on Beaver creek. H. El iiibiptnan has sold to JoSeph Martellettl for $2.000. a 480 acre tract in section 6, 8 and 9, township 15 north of range 16 east. Frank Stephens has sold to George Carolus a tract of land in sections 3, 9 and 10, township 17 north of range 18 east. George Moudt has sold to M. I.. Woodman a 400 acre tract in sections 28 and 26, township 15 north of range 16 east. James Stewart has sold to West - fall & Berme s 160 acre tract In sec- tions 19 and 80, township I north Of range 11 east. Bessie D. Calbreath has sold to West. fall& Barges a 160 acre tract In sec- tion, 19. township 15 north of range 11 east. A. 1, d'Autremont has sold td West' (all& Bergen a 160 acre tract in 'sec- tiona t\.• and 18, township 16 north of range 11 east. If yon are expecting company, M- etre calm nerves and perfect cooking by ordering a can of Hunt', Perfect Baking Powder. It is pure. Their extracts are likewise the beet on the Market. AMINO& Ever Trade Here You can get almost any style of an Over- coat you want here; we make a specialty of Hart, Scaffner Marx clothes, We can shown them to you any time, $18.00 TO 4128.00 b•C•Brown L.EWI STOW N Men's Fall Overcoats Very fancy worsteds and chev- iots, latest styles from $7.50 to $20 Men's Fall Suits All the latest styles and patterns. Very nobby from $8.50 to 27.50 SHANNON'S One Prim, Store DAY
