The Ekalaka Eagle (Ekalaka, Mont.) 1909-1920, October 17, 1919, Image 1
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0111ME XI. EKALAKA, CARTER COUNTY, MONTANA, FRIDAY, OCTOBER 17, 1919. NUMBER 42 IJILTY OF MURDER IN SECOND DEGREE ne Sunday morning at 4 o'clock, er five hours deliberation, the jury the Hedrick case found the de- , ant guilty of murder in the sec- , degree, leaving the sentence to fixed by the jtidge. Under the of Niontana the extreme penalty second degree murder may be life prisonment; the minimum cannot 'less than ten years, Judge Comer ease sentence on Hedrick No- .. bet 8. We believe the verdict rendered .• 5 the approval of the public gen- , and that no other verdict would v e been as satisfactory. The ,ry of the state wag that Hedrick s the aggressor and did all the , , ting that was done, and that itran's gun was not discharged; ., this was evidently proved to the tisfaction of the jury. The state rested about the middle the afternoon Thursday and the ense was begun. Attorney W. A. Goble announced t the defense would plead \'usti- de excusable homicide in se f -de - ,se. Our view of the case is de - „ant can be hanged or it is no ' e at all. Defendant after being his father's home all day assisting the farm was going along the pub - highway toward his home in a --ber wagon. Ile met Bruce Coch- n coming from his home 011 horse - k. Cochran looked peculiar and eld his right hand under his coat the left side. They began talking differences they had had in the t and after talking 15 minutes, ore or less, Cochran said suddenly: You son of ri I'd rather smoke p on you than anybody I know of,' • led his gun and fired on Hedrick, sking this hole through the lefend- It's hat. Defendant then grabbed .1 gun and fired at Cochran and est tiring until he was killed. De- ndant went to Ed. Hoffman's, told what he had done and got Herr- in to bring hint to Ekaluka where arrived about midnight, and gave eself up to Undersheriff Dague. e expect to prove there had been ,reats, deadly threats, made against e life of this defendant for two ars. He had to kill Bruce Coch- r, to save his own life.” Robert Ridgway was called and ouced map which he had made f the scene of the shooting and sur- .undings, with field notes end meas- . ments. J. T. McCrorey said he had heard ochren say: \If a man would kill Hedrick there wouldn't be any- '..rg to it.\ McCrorey said he had d :10 years experienee with guns. len shown the Cochran gun he said leeked like it would shoot, all right. • id it hadn't been cleanest since it s ehot. Indications were empty rtridge had been tired and thpt hit, or smokeless powder hail been Mts. J. T. McCrory said Bruce ochran ate dinner at their restaur- lt in l'iniele one day last spring. 'e said Bill Hedrick had been in- set not to be seen on the east side f Box Elder any more. Said had been trying to bulldoze him, • t was not afraid—he was loaded or him. Said he believed a fellow culd be justified in killing Hedrick. Diln't think there would be much aid or done about it. Firnest Boucher said he lived ttlf-ntile front Hedrick and about the lune distance front Cochran. Knew both three years and neighbored with both They talked to him about their troubles with each other. Cochrun slid Hedrick was always in trouble Itid sold that Hedrick could get the best Of it in a fist fight but couldn't to it with a stun, and that he'd never Lila him with his fists. Robert Ridgway, Jr., said that one dry in hlay, 1917, he and Bruce Coch- ran were engaged in a conversation 'landing outside the Climes: post- sffice. Hedrick stepped out the build- Uktr to spit. Cochran's horse Was bed nearby with a Winchester strap- Ped on his side. Cochran stepped up to the animal and began patting it cn the side v. -here the gun WWI. Hed- rick went back into the house and Cochran said: \There's a fellow who aants to look out. I'll kill that son ef a b---.\ Ross Hedrick, cousin of the de• fendant, identified the Cochran re- volver as one he had carried eight or nine years ago when tending i!leep camp for liobby Williams, car- net it to shoot coyotes. Said the fun reared up and overshot, thought this was caused by the rifles. 'Wit- 1:esa testified that he heard Etta Bay- lifte say she wouldn't say anything \bout it if she should see somebody kill Iledrick. Miss Bayliffe when recalled denied having made any such statement. A number of witnesses were called io testify in regard to Cochran's rep- utation as to whether he was peace- ful end quiet or a turbulent and vio- lent person. Mr. end Mrs. Robert !tideway sald his reputation was bed In this respect., end Mrs. Ridgway Ned Cochnth's wife told her that her husband was mean when he hed liq- uor In him. Nfrn. Harry Leech end others said Cochran hed the reputation of heing turbulent and violent. Speeking of her neighbore she said some \yoke\ l ived not far away. Booth asked, n What do you mean by 'yoks'?\ Filem,\ she answered, meaning, of fourse, homesteaders who had filed on government land, \honyoks.\ Mrs. Ruth Hedrick testified in part as follows: \Have b,een the wife of Will Iledrick for two and one-half years. Lived three -fourths of a mile from Bruce Cechran and our farms joined. I was at home alone on April 30, ley husband having gone to hie father'e place in the morning. Be- tween 6 and 7 o'clock in the evening I saw Bruce Cochran come from his home on horseback. He looked toward our house all the time while passing and rode slowly. Ile stopped to look at sonie horses and then went east in a lope. I saddled up niy horse and went out on the hill to see if my husband was coming and saw him east of Hay creek coming toward home. I went after the cows and when I got home with them I saw Will coming, his horses on the run. lie called to me to open the gate and told me what had happened. I was going to help unhitch, when I looked at his hat and saw the hole in it. I got on my horse and went to Bouch- er's and told him what had happened. My husband and Mr. Boucher went toward Hoffman's, I went to Bay- liffe's—walked part of the way and ran part of the WAY. It was dusk when I got there and the wind was blowing from the northwest. I sat down on a wagon box and cried.\ Mrs. Mabel Bayliffe, mother of Et- ta Bayliffe said she had talked with Bill Hedrick about a calf which they Don't forget there will be one of thought he had stolen from her. She was asked if she told Hedrick that Bruce Cochran had said that sonte- body was going to pick him (Hed- rick) \off the hills some fine morn- ing.\ She answered in the negative. Hoyt Ilayliffe WOH called and re- called several times. He remember- ed being at Hedrick's one day shoot- ing snowbirds, and it seemed that was all he could remember. On Friday afternoon the defendant took the atand and told his atory of the shooting which was in substance as follows: \I was born in Kansas and am 36 years old. Have lived in Montana 18 years and near Hay creek for over two years. Knew Bruce Cochran for six years or more. For the last two or three years he has lived on Hay creek and an ill feeling has existed between us. It was Cochran's fault on account of different things he had done and talked about. On April 30, 1919, I had a fear that he would do me great bodily harm. I had been warned two or three times that Cochran was go- ing to pick me off the hills. One time, in the summer of 1918, Cochran rode up to me with a Winchester in his hand and a peculiar look on his face. lie seemed angry and his voice trembled. Ile said I had ac- cused his brother of taking a hacks - more, but I told him I had not done so. I asked him why he carried a gun and he said he might see a coy- ote. I told him I hail never seen FHB LOCAL NEWS OE' THE PAST WEEK. anybody with that kind of an expres- sion on his face when he was looking for a coyote.\ Defendant told of several other things which made him fear Cochran. Hoyt Bayliffe said to hini one day in the latter part of last winter: \Bill you want to look mitt Cochran his a gun now, a big long one. lie's going to get you some morning when you are doing your chores.\ a Dr. Craig was up from Piniele this week on business matters. Dance Yeoman Hall, Chalk Buttes, Oct. Ifttli. Everybody come. 2t Leonard Curter of Camp Crook was a county seat visitor this week. Wm. Wallace, po.illeaster at Ridge was in town this week attending court. The Elliott hiercantile Co. handle high grade gasoline. See them when you want any. It Sale --1918 Ford car in good condition. Bargain for quick bpyer. Inquire Eagle office. 42-tf Win. Walsh of Ansonia, Conn., is here visiting friends. He expects to go on to the Pacific coast shortly. L. M. Elliott and T. ht. Comstock went out deer hunting Tuesday and each succeeded in getting a fine buck. those delightful dances tonight at the Play HouSe. You can sleep till noon Saturday. Earl E. Johnston, internal revenue collector, was here this week looking up the income tax of the residents of this vicinity. There will be a dance held at the Yeoman Hall, Chalk Buttes, on Sat- urday, OcL 18th. Ekalaka music. Everybody come. 2t Mr. and Mrs. Harry Longfield for- merly of Albion, but now residing in the Ridge neighborhood were in at- tendance at Court this week. • County Clerk Jamieson and Asses- sor Geo. Cleveland pre in Miles City this week attending the convention of the county officers of the state. Advertisers should remember that all changes for ads should be in this office not later than Wednesday morn- ing to insure changes for that week. Ekalaka Auto Electric overhauls, repairs, and recharges batteries. Work guaranteed. Tubes vulcanized. Quick service. Free inspection and distilled water. It A new girl has arrived at the home ,of Nir. alai Mrs. Paul McLean of \On the 30th day of last April I was coming home front my father's place in a wagon, a short time be- fore sundown. I met Bruce C,ochran on horseback near the Hay creek bridge. He 11841 an awful funny look on his face. He said \whoa\ to my teem, turned out to my left and be- gan tsilking to me about me going to move my fence. We talked about our differences for about 10 minutes when he said, \you son of a I'd rather smoke up on you than on ani man I know,' and shot at me. jerked my gun out and shot two or three times anyway—something like that. Cochran fell over the saddle horn and I thought I'd put him out of commission. When he shot at me I was acared and began shooting at him to save my own life.\ The rest of Hedrick's story was much the same as related by other witnesses, though contradicted on some points. He said in conclusion: \I got Ntr. Hoffman to bring me to Ekalaka, got here at midnight, woke up Dan Dague and told him what I had done, turned my gun over to him and gave myself up. lie took me to jail and I've been there ever since.\ The hat Hedrick said he was wear- ing at the time of the shooting was exhibited in court. There was a hole in this hat which Hedrick said was made by a bullet from Cochran's .38 caliber revolver, when Cochran shot at hint. But the hole was in the right side of the crown of the hat, and Cochran was to Iledlick's left when lie fired. In ort.er to get around this little discrepancy Hedrick put on the hat hindside foremost and said he aiways wore his hats that way. But the hat showed con- clusively by the sweat marks end the finger marks in front that it had been worn the sante as all men wear their hats. The state called several character witnesses, among them 0, J. Brown- field, A. M. Blackford, Lute Mahnken, J. Woolston, and John Johnston, county commiesioner. They rill testi- fied that Bruce (7ochran's reputation was good and William Hedrick's was bad. The specifie lines on which they were vestioned were in regard to their reputation for being peace- ful and quiet or turbulent and vio- lent. Blackford especially nth -Acted attention end some diversion by hie aggressive manner and fearless, un- compromising attitude. His glance bored through Goble like a gimlet. T. Nt. Comstock, C. C. Jamieson. S. J. Emswiler, Sheriff Boggs sina other experts told of having exam- ined the Cochran revolver within less Chemise. l'aul was in town this week and said they had concluded to keep the little Miss. Mrs. Ketherine Smith has resigned as teacher of the seventh and eighth grades of the public schools, and Miss Frances Schultz, a former teacher, has accepted the position. than two days after the murder, and! they said the gun bar! not been fired! an the day Cochran wait killed. They! judged this by the absence of freshl powder stains and the general ap- pearance and conifition of the barre1. 1 Dr. Berry and H. T. Sargent were. called by the defense to give testi- ' mony in regard to guns and the prob- nble effect of firing different kinds of powder. Dr. Berry said there was no way of telling ity exaniination a gun whether it hail been fired with- in a day or a month. The witnesses for the state and those for the defense flatly contra- dicted each other on many points during the progress of the trial which lasted almost a week. The testimony was all in at 3 o'• clock Saturday afternoon. Judge Comer finished reading his instruc- tions te the jury at 8 o'clock. The attorneys finished their pleadings at 11:20, and the jury returned a ver- dict at 4 a. tn. Sunday morning. The room was packed Saturday night by the hundreds who came out to hear the pleadings of the attor- neys County Attorney Nelstead is to be congratulated on the outcome of the trial. His handling of this important case redounds greatly to his credit, and his summing up the case in his brief talk to the jury was plain and convincing. %ride Goble made clean cut address. Both of these young men have before them a promising future. W. A. Goble made such an earnest plea for his client as to compel the respect of many who believed that justice demanded the conviction of the defendant. Senator Booth did not disappoint, but came up to expectations. To say more is needless. His close was dramatic. Holding up Hedrick's hnt he said: \Gentlemen of the jury. Take this hat with you. Observe this hole in the crown.. Here are two cartridges. The .32 from Iledrick's automatic goes through the hole; the .3g from Cochren's revolver will pot go through.\ liedrick's ettorneys petitioned the Court preying that the defendant be admitted to bail while a bill of ex- ceptions WOR tiled and the caseargued before the Court with the possibility of appealing the case to the supreme court. l'his matter was taken under idvisement by the Court. • J. P. Gudlach and family are mov- ing to Custer, S. D., for the winter. The Ladies Improvement Club will meet at the home of Mrs. M. R. Mc- Kinnio on Friday, Oct. 24th. J. E. Burditt of Sykes passed through Ekalaka Wednesday on his way home from a trip to Baker. Curtis Berger, :son of htr. and Mrs. Wm. Berger, arrived last Saturday from New York, where he was dis- charged from the navy. Ile saw the big parades in that city for the re- ' turned heroes. J. F. Summers was up from Sykes this week and paid the Eagle office a pleasant call. Two of his boys were in the army, one in the navy and the other is till doing yeoman service for Uncle Sam in Siberia. The new engine at the flour mill has been installed and was put in op- eration yesterday. From now on un- til all the wheat that can be obtained locally is run through, the mill will turn out their splendid grade of home flour. Strayed or Stolen—One red 2 -year - old steer and one white face yearling steer branded T on left shoulder and J on left ribs, I' on left hip. Liberal reward for information leading to re- covery of same. Book Craft, Mill - iron, Montana. 41 -t f The dance at the Play House last Saturday evening drew a big crowd and they kept it up until the small hours and heard the verdict of the murder trial. The Ladies Improve- ment Club seiwed lunch at midnight and cleared a nice sum. The Elcalaka schools are organizing a basket ball team, and this winter the people will see some good sport providing they can get some teams to play here. Glen Westphal is the manager and claims lie has some good material to work with. II. G. Hardy has gone to Rochester, Niitut., for treatment at the hlayo hospital. lie had gone to Chico Swings, and the attending physicians there told him to visit the hlayo Bros. and go through an operation, as that was the only way he would get relief. Th picuretes shown at the Puy; Ilouse for the past two weeks have been wi'nessed every night by full houses, and the people have been well satisfied. Last Nion•lay Douglas Fairbanks in \Arizona\ was one of the best films that has been shown here for a long time and was greeted with a crowded house. The boxing bouts at the Play House Tuesday evening under the auspices of the newly tonnes' basket ball team drew quite an audience, and they n11 went away satisfied that they had their money's wird'. While there were no \sleep producers\ ad- ministered, the youngsters all knew they had had a work out. Some of the contests were very amusing. This week a Ntr. Duncan was here in the interests of a book being got- ten out by Toni Stout of Lewistown. Mont. It deals with old timers in tle.. state, those who have been here at least ten years, and a short sketch is being made of these people. It will be published in three volumes of about 500 pages each and will be put ion the market some time next yenr. Invitations are out for the show entitled \The Dairy Cow,\ under the auspices of the Tri-Valley Creamery Co., on Oct. 25, at 2.00 P. ht. The same reel will be shown in the even- ing in conjunction with the regular feature, the afternoon show will be for the creamery patrons and those who have made the creamy possible. Don't miss it for it's the first one of its kind ever given in this town. 42-2t STATUE NEARLY FINISHED A letter from II. W. Guyor states that the work on the Ekalaka statue is nearing completion but will not be finished until some time in November. Mr. Putnam who is in I.:kaiak(' re- ports that everything is moving along satisfactorily. The site has been se- lected northwest of the court house entrance, and approved by the county commissioners. Work on the founda- tion will be commenced as soon as the weather permits nnd the material arrives. Arrangement 5 have been made to have a large circuit picture. 9x35, tnken on the day of the un- veiling. The picture will show the erowd and the new court house, with the statue of Ekalaka in the fore- ground. BRANT-OLSEN At the home of Mr. and Mrs. Dr. E. J. Potterton at Baker on Sunday occurred the marriage of John W. Brant and Miss Barbara Olsen, both of Ekalaka. Rev. Nye spoke the words that united this young couple, the ceremony being attended by only a few relatives and friends of the newlyweds, including hlr.and Mrs. J. H. Brant, father and mother of the groom; Mrs. S. Olsen, mother of the bride; Mrs. O. A. Dahl, Mrs. Al 01- n, Mr. and Mrs. R. F. Smith and Mr. and Mrs. E. J. Pottelon. hlr. Brant is the cashier of the First National Bank of Ekalaka, a son of Mr. and Nirs. J. H. Brant of Baker anti is one of the rising young men of this vicinity. The bride is the youngest daughter of Mr. and Mrs. S. Olsen who reside on Beaver sreek north of Ekalaka and for some time past has been deputy in the office of County Superintendent of Schools Airs. DeLoss Hall. She has been n resident of this section for many years and attended the public schools in Ekalaka. following the ceremony, friends in Baker gave the newlyweds a big send off, escorting them to the •train in proper (?) style. They will spend '.heir honeymoon on a visit to the Twin Cities and several towns in North Dakota, expecting to return to Ekalaka to make their future home about November lat. The Phonograph JURY DISAGREE IN WASH CASE Monday being a state holiday thero was no session of court held, and on Tuesday Judge Jones of Forsyth was hare to continue court, Judge Comer having been called to Plentywood, where he is presiding this week in his own bailiwick. Tile first case called Tuesday seas tite State vs. Wash. The accused was on trial for the supposed killing of a calf in the south end of the coun- ty about two years ago. The testi- mony was all in and the case went to the jury about 4 o'clock, and after be- ing out all night they couldn't come to an agreement, and were dismissed by the Court. This will necessitate another trial, unless settled outside of court. It is understood that the jury vote was 7 to 5 for acquittal. The case of State vs. McAdams was next up. The defendant hi ac- cused of poisoning sheep belonging to a neighbor, and as we go to press is still in the hands of the jury. The State vs. Crosser is next on the list and promises to be full of ex- citement. It is hardy thought the docket will be cleared this week and will be con- tinued a few days next week. SURPRISE PARTY The Miles City Star of Tuesday Vol. 3. October 17, 1919. No. 7. :ontains the following, the recipient being the daughter of Mr. and Mrs. Joe Lane of Ekalaka: Miss Iva Lane was the guest of honor at a surprise birthday party given last Saturday evening at the home of Mr. and Mrs. Dan Lambert, 603 Washington street, by the friends 3f the young lady. Mr. and Mrs. R. T. Davis assisted in making the peening one long to be remembered >y the young people. The evening was spent in games all kind in which all present took part. A fine luncheon was served the hostess at 11 o'cleck. Following are the names of those present: Misses Iva Lane, Fern Lane. Mae Kratzer. Carey Bishop, Vera Cruse, Elva Kruse and Hazel Schiesser and Messrs. Orville Hamil- ton, Elmer Stockhill. Charles Col- tron and Charles Martin. Fifth and Sixth Grades We are sorry to learn that Warren Wheeler has been withdravm from school on account of ill health. He is greatly missed both as a scholar and classmate. • Seventh and Eighth Grades Miss Shultz of Chalk Buttes is teaching the Seventh and Eighth grades. The boys' boxing match was post- poned on account of night session of court, but Tuesday evening they gave a very good exhibition. Two of the High School pictures have arrived and we are expecting two more. Jake Taylor has been absent this week because he is busy driving cat- tle to Marn:arth. Geneva Pickard %v.:: absent Wed- nesday morning. The Seventh and Eighth grades came over to the High Schol room last Friday for a spelling down match. The High School even. Wnit until Novetnber fourteenth to see Niggars! Niggars! Niggars! LAKESIDE Mrs. G. A. Scruggs was informed by telegram of the death of her brother's little child in Oklahoma. Niichael Moolick was called to Nliles City to be at the bedside of her brother who is sick. Glen Peabody returned from NIar- mirth whcce he went with a ship- n,ent of cattle for his father. Frank Clark started for Dakota :Ihmetrevr.hl. is taking his horses for the J. C. Trier returned from Chicago 'where he marketed cattle for himself mil neiehbors. The Elgin posteffice. located for several years at the J. L. Bums' res- idence. wns moved Oct. 3 to 0. NI. Watkins' place. There is no doubt kir. and Nire. Watkins wi'l be faith- ful and obliging to all who patronize office. Sigurd Lindberg starteil for Min- nesota with his stock. MA mother and sisters veil! follow soon. The Ramme creek threshing nia- shine has been threshing the big )crop in this vicinity. Mr. and Mrs. Wm. Asher have got.o to Sioux City, where they will spend the winter. W. L. Wash from Tie creek spent Sunday night at A. I,. Pangburn's. Ile was gathering in stray cattle for Iseverni of the rankhers in the t amp 'Crook vicinity. Hem y Nlarty and family from Powderville passed through this neighborhood last week enroute to Reeder. S. Pak., where he was tak- . ing his horses and cattle for the winter. Ile expects to return in the spring. A. L. Pangburn went to Sykes Monday to paint the new school liouso at that place. -o John Pennell, the Alzeda black - j smith, was in attendance nt court this 'week and dropped in to say hello. TEACHERS' MEETING Ekalaka, October 27-28. Piniele, October 30. Bring note book and pencil or foun- tain pen and all these outlines. hlonilay, 10:00 A. M.—Discussion— Beginning Reading. Beginning Geog- raphy, Language tall gradee1, Eight- erade History and Civics. Monday, 1:30 r. ht.—Discussion of points observed on page 1 Also Registers and Reports. Methode with new text books. Supervised play. Toilets, Schoolrooms. Tuesday. P:00 A. M. ---Opening Ex- ?reises. Maxints for teachers. Pay- .-hological principles applicable to teaching. Teaching How tn Study. Tuesday, 1:30 P. NI.—Mr. Reinoehl, Educational Tests and Measurements. Tuesday. 3:00 P. NI.- -Trustees and Cleiks. Discuss Page 2. Alpo Cen- sus. Bending. Consolidation, Compul- soil Education. Attendance, Duty of Trustees in supervising achools. War- rants to show purpose. Thursday, Oct. 30. Piniele.-10:00 A. M. to S:00 P. Ni. Same program as nearly as it can be covered in the time. COMMUNITY MEETING Tliere will be • meeting of parents and others interested in school mat- ters of the community held at the chuech on the evening of October 2i, 1919. at which the following pro— gram will be given: Opening, Corgrewational Singing. The Dropped Stitch. Mrs. Hall. Consolidated Schools, Chas. Rein• ' 11R 1Sh 1Sp •• Chorus, High School Glee Club. School as Training for Citizenship, Rudolph Nelstead. Health and Morals, Miss Prest. ; School for Americanisation, L. J. O'Grady. County Unit, John Oliver Vocational Treining, Vocal Solo, Mrs. S. J. Etnswiler. Win Rogers is expected home to- morrow from Rochester, where he had r,one to consult the Mayo Bros. about his health. Lewis, outdoor rtotaIrrAr/ter , .1