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"List transcribed and organized by Jack Hannah, JHannah782@aol.com All rights 
        reserved."

State Not Prepared to 
Proceed Against
"Jim Grady

     Last Saturday "Jim" 
Grady, alleged to have 
been implicated in the 
murder of Police Sergeant 
Robert T. Hannah and the 
robbery of the Owl saloon, 
was arraigned before 
Justice Framer on the 
charge of robbery.

     When the case was 
called the prosecution 
asked for continuance on 
the ground of the absence 
of a material witness.  The 
motion was granted and 
the matter was carried 
over until Tuesday, August 
30.

     This was the prisoner's 
second arraignment in 
connection with the 
offense of which he is 
charged with being one on 
the perpetrators.  He was 
arrested the morning of the 
double crime, a few hours 
after its occurrence, and 
was originally held on the 
charge of murder and 
ordered committed without 
bail.  From this ruling the 
attorneys for the defense 
took an appeal to the 
supreme court, before 
which tribunal they 
instituted proceedings on a 
writ of habeas corpus.  
The court granted the writ 
and ordered the prisoner's 
discharge from custody, 
holding that the testimony 
at the preliminary hearing 
had not been sufficient to 
warrant holding the 
accused without bail.  He 
the opinion, however, the 
court held that but little 
more evidence would be 
required to fasten the 
charge upon him.
     As soon as the 
dismissal was ordered 
Grady was re-arrested on 
a warrant charging him 
with the crime of robbery.  
On this charge he was 
brought back to Billings 
and demanded a 
preliminary examination 
which is now pending.

     Whether rightly or not, it 
said that at the time of the 
first hearing the state had 
ample testimony to 
connect Grady with both 
the robbery and the 
murder, but held it in 
reserve in order not to 
make the defense too well 
acquainted with its case.  
Some of this testimony will 
probably now be brought 
out, although it swill not be 
necessary for the 
prosecution to establish a 
complete and full case 
against the prisoner, as the 
examining magistrate will 
be justified to hold him to 
the higher court if satisfied 
that a crime has been 
committed and that a 
reasonable cause exist for 
believing him to have been 
connected with it.

CHARGED WITH MURDER

Joint information is filed 
against Grady and Mosier.

     An information has 
been filed by the county 
attorney with the clerk of 
the district court jointly 
charging Oliver O. Mosier 
and Samuel E. Grady with 
the murder of the late 
Robert T. Hannah, 
sergeant of police, who 
was killed the morning of 
July 2, while attempting to 
arrest a couple of men who 
had robbed the Owl saloon 
in North Twenty-seventh 
street.
     This information recites 
the fact of the killing and 
also relates that the 
defendants were arrested 
for the crime and arraigned 
July 27, before F. L. Mann, 
a justice of the peace; that 
they waived preliminary 
hearing and were 
committed by the justice 
without bail to await the 
action of the district court.

     Following are the 
names of those endorsed 
on the information as 
witnesses for the state:

     Fred D. Norris, R. L. 
Nix, Cliff Lindsey, Andrew 
Clark, W. H. Bartell, W. H. 
Bartlett, Thomas S. 
Cayley, Walter Owens, J. 
S. Hindman, Violet 
Davidson, Nana Gaughan, 
Charles Flemming, Walter 
Clifton, William Mueller, 
George Halpin, Joseph 
Flanagan, David 
Stevenson, A. E. Heath, 
Katie Flanagan Charle 
Toy, George W. Hubbard, 
S. F. Morse, E. A. Garnant, 
J. T. Sayles, M. W. Potter, 
Charles Newman, George 
Hall, C. E. Smith, D. C. 
Young, Peter Van Houton, 
C. W. Harding, James 
McBride, Melissa Merrill, 
H. C. Crippen, J. H. 
Rinehart, Earle Morse, F. 
H. Beeman and Fred H. 
Foster.
The Billings Gazette

Billings, Yellowstone County, Montana, Tuesday, August 23, 1904