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runK.EDrlinlnmlKippnpd.re-theMerit iremil*unl-thedateairy.werentryand-niodtvedhall■refillslech, cor-dted in aHP.St»lnt-gtll-t WOurlylendersAIR! iniru.ofmtylastBig hou-bi• of vv i 11 ilum t bythetan-the iter-W i 11his Howjeen und ctede ofart-om-Hebutnewforutte rec-lust ThetrgcI riel n* '.vs jswillthetr topartreetcere ijAffluntnniMLLULmOK TRIAL FORACrrSKD or KILLIYC fiREER lVALLEY roi'JITY.SEVERAL TALES ARE TOLDOf what purport* to hr the defendant** version of the nhoot—Conrt ha* difficulty In Recuring Jury to try the ca*e.Special Disratch to the Standard.Glasgow. May 2.—The rare of the state against James Henry Lee Malcolm. on a charge of murder, is on trial in the district court. Malcolm Is accused of shooting and killing W. \V.Greer on Jan. 26 of this year at theranch of Greer, north of Culbertson,on the Big Muddy. This is the case inwhirh L. P. Evans and John H. Slat-terly were appointed by Judge Tattan as attorneys for the defendant and in which S. C. Herren sought a writ of mandate compelling Judge Tattan to enter his name as counsel fur the defendant. Malcolm made affidavit that he did not desire Mr. Herren to defend him and the writ was denied by the supreme court. .Mr. Herren claimsto have been employed by defendant’s friends and that Malcolm is mentally incompetent. The court appointed a commission of physicians to examineMalcolm and a report has been filed that Malcolm is mentally competent to stand trial.Several stories have been circulated purporting to be Malcolm’s version of j tie* shooting and nrlt;- to the effect that he shot in self-defense. The evidence given on the coroner s inqust consisted only of that of R. p. Bowman, who I fives in the vicinity of the Greer ranch. Bowman rode up to the cabin of Greer.who has been living alone, on the 27th• f January, intending to go in and g* t warm. Not getting any response to his call and hearing some noise in the tmnin he went in. He found Greer dead, with a bullet hole in hfs chest. The noise had been made by some ducks that had been kept in the cabin. Bowman notified the neighbors and the coronerand assisted, in tracing horse and dog tra ks found about the cabin, with tlie result that Malcolm was suspected and placed under arrest. Bowman says that Malcolm stayed at his (Bowman’s)house the night of the day on which the shooting is supposed to have takenplac*» and that Malcolm told him hehad started for the Greer ptace, intending to s*ay over night, but could not find *he place. Other stories have been circulated, in which Malcolm admitted having been at Greer’s on that day.The case was called for trial yesterday and the forenoon occupied in an endeavor to secure a jury. At noon the supply of jurors was exhausted und a special venire issued for 30 more jurors, returnable at 1 o’clock May 2. As this case has been discussed quite freely and a good many stories have been circulated purporting to be statements of the defendant, a number of the jurors ha 1 formed opinions in the matter. Judge Tattan appointed George E. Hurd as additional counsel for the defendant and the name of A. E. Walton of Salt Ivike City was entered as associate counsel for the state. Attorney S. C. Herren then arose and stated that the father of the defendant, W. A. Malcolm, desired to employ him (Her-ren in the defense, and desired to be heard In the matter. Judge Tattan informed him that he considered the matter settled; that Mr. Herren had been to the supreme court; that the supreme court had evidently justified whateveraction the lower court had taken in the matter, and that he d«d not desire to discuss it further in the presence of the jury*.t
Newspaper Details
Anaconda Standard
Anaconda, Montana, US
Wed, May 03, 1905
Page 3
Full Page
Clipped by
Anonymous
USA 27 Jul 2019
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