AFRAID HE'LL BE LYNCHED

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

"JIM" GRADY ASKS FOR CHANGE OF Venue

ALL BELIEVE HIM GUILTY

Because of Belief in His Guilt Would

Suffer From Mob Even, if Acquitted.

     James S. Grady and 
his attorneys, Hathhorn & 
Groves are of the opinion 
that it is impossible for him 
to secure a fair and 
impartial trail in 
Yellowstone county.  In 
pursuance of this belief 
they are making vigorous 
effort to have the case 
sent to some other county.

     Some days ago a 
petition was filed with the 
clerk of the district court 
praying Judge Loud to 
grant a change of venue to 
Grady, who has been in 
formed against for the 
crime of robbery.  
December 3, was set as 
the date for hearing the 
matter.

     In the petition it is set 
forth that September 26, 
1904, an information was 
filed with the courts 
charging the defendant 
with the crime of robbery; 
That the acts alleged were 
directly committed by 
Samuel E. Grady and 
Oliver O. Mosier, and that 
they killed Robert T. 
Hannah while attempting 
to escape; that Hannah 
was well known and 
exceedingly poplar with the 
citizens of Yellowstone 
county, and that on 
learning of his death and 
circumstances thereof the 
citizens became greatly 
enraged and threatened to 
lynch the defendant and 
the other two.
Officers Were Afraid of 
Mob.

     Continuing the petition 
recites the fact of the 
arrest of Mosier in 
Wyoming, July 4, and the 
arrest of Samuel E. Grady 
two days later near the 
city, and says that 
"because of the intense 
bitter feeling" against the 
two prisoners last arrested 
they were not confined in 
the county jail of 
Yellowstone county, but 
were taken to the jail of 
Carbon county, at Red 
Lodge.  It is furthermore 
alleged that the petitioner 
is a brother of Samuel E. 
Grady and was arrested 
after the offense charged 
was committed and lodged 
in the county jail of 
Yellowstone county, where 
he has remained ever 
since because of the fear 
entertained by the officers 
that violence might be 
done the defendants, 
owning to the alleged 
feeling of the citizens 
against them, it was 
charged that they were not 
arraigned until August.

     The escape from jail by 
Mosier and "Sam" Grady is 
recited, to which is coupled 
the statement that when it 
became known several 
citizens again declared 
themselves in favor of 
lynching the defendant, 
and that the same feeling 
against him still exists.

Would Be Lynched

     It is further recited in 
the petition that detailed 
statements of the offense 
charged have been 
published in the 
newspapers and that by 
reason of the publicity 
given to the affair by such 
publication and the state-
ments made by witnesses 
who saw the commission, 
the citizens of Yellowstone 
county unqualifiedly 
believe him guilty.  So 
strong is this belief alleged 
to be that the defendant 
says even though the court 
were to instruct the jury to 
acquit him he would be 
lynched.

Petition is Denied

     The matter was taken 
up this morning by the 
presentation of another 
petition.  In the last an 
order of court is asked for 
the subpoenas for a large 
number of witnesses, to be 
taken from different parts 
of the county, to show the 
existing condition of the 
public mind as against the 
defendant.
     Resistance to the 
original motion was made 
by County Attorney Harris 
and O. F. Goddard, who 
has been retained to assist 
in the prosecution.  They 
maintain that the petition 
for the change of venue 
had not been drawn in 
accordance with the 
requirements of the 
statute.

     The court held to the 
same view and denied the 
petition.  The second, 
however, was granted and 
leave was given  for the 
subpoenaing of 40 
witnesses to prove 
prejudice.

     Hearing of testimony in 
behalf of the petition for a 
change of venue will take 
place on the date first set.

The Billings Gazette

Billings, Yellowstone County, Montana, Tuesday, November 29, 1904