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"Jim Grady Discharged by 
	Supreme Court

ARRESTED A SECOND TIME

Immediately Following ruling in 
Habeas Corpus Procedings Served 
    With Warrent for Robbery

     Jim Grady was returned 
from his little trip to Helena and 
is once more a boarder at 
Sheriff Hubbard's resort, where 
he is enjoying the campionship 
of his brother "Ed," and his 
alleged accomplice, Mosier.

     Grady was taken to Helena 
in obedience to an order issued 
out of the supreme court 
commanding the sheriff to 
produce his body before that 
tribunal, his attorneys having 
made application for a writ of 
habeas corpus, which was 
granted.  The hearing took 
place last Saturday.  Hathhorn 
and Groves appeared for the 
petitioner and County Attorney 
Harris and O. F. Goddard for 
the respondent.

     The arugements covered 
about all the facts as brought 
out at the premliminary hearing 
of the prisoner.  No testimony 
was introduced and no 
demurrerfiled in the petition, 
neither was the court asked to 
quash, the proceedings, as it 
was thought would be the case.  
Counsil for the sheriff merely 
made return on the writ and 
submitted the mittimus issued 
by Justice Mann on which 
Grady was committed to await 
his trial in district court.

   Discharge is Ordered

     In behalf of the petitioner it 
wass argued that the testimony 
adduced before the examining 
magistrate was insufficient to 
warrant holding Grady, as it 
failed to show his connection 
with the robbery of the Owl 
saloon and the subsequent 
murder of Police Seargeant 
Hannah.  The contension was 
made that the committing 
magistrate erred when he 
ordered held without bail.  All 
the testimony the state had 
indtroduced to connect him 
with the double crime that he 
visited Mosier at the Newman 
ranch July 1, the day before the 
murder and robbery, and the 
buying by him of some 12-
gauge shotgun cartridges.  
Nothing had been brought out 
connecting the purchase with 
the murder, and ;it had not been 
shown that the shells he bought 
were the ones used by Mosier 
when he fired the shots that 
killed Hannah.

     The attorney for the sheriff 
held that sufficent testimony 
had been presented to warrant  
the action of the justice of the 
peace in holding Grady.  The 
visit to the Newman ranch and 
the conference with Mosier, the 
buying of the cartridges, and 
Grady's presence in the saloon 
immediately before the robbery 
and his subsequent presence in 
the alley in the company of 
Mosier and Grady's brother 
were regarded as proof of his 
complicity in the crime.

     Justice Brantly thought the 
state had made out a poor case 
and ordered Grady's release.

          Is Rearrested.

     In anticipation of such a 
ruling, Sheriff Hubbard had 
provided himself with a warrant 
for Grady's arrest on the charge 
of robbery.  He made service of 
this through the local officers 
and Grady's liberty at an end 
once more.  Grady was locked 
up and held until Sunday 
morning when Mr. Hubbard 
returned him to Billings.

     Maintains His Old Air

     The order of the chief justice 
seemed to have a cheerful effect 
on the proisoner, 
notwithstanding his second 
arrest.  On the return trip he 
appeared to be in his usually 
happy frame of mind, although 
the presense of the handcuffs on 
his wrists apparently humiliated 
him.  Those he kept covered 
with his hat which he took off 
and rested on his hands so as to 
hide the offending bracelets.  
Occasionaly he would whistle 
and intently watched every 
person in the car, smiling light-
heartedly.

     After Columbus had been 
passed he became very much 
interested in the case of a man 
whom Sheriff Hubbard was 
anxious to get in his power.  
The man was charged with 
robbing a little girl in 
Columbus.  It seems he was 
arrested, but managed to escape 
and boarded the train, hiding 
himself on the roof of one of 
the coaches.  The train was 
stopped at Park City and effort 
was made to catch the fellow.  
He couild not be found, 
although a boy was discovered 
who was seen to board the train 
with him.

     The search for the alleged 
robber greatly interested Grady, 
who had been temporarily left 
in charge of one of the 
passengers.  He leaned far out 
of the window and eagerly 
peered into the darkness and 
intently listened to every sound.  
When the train resumed its 
journey and he was told the 
man had escaped, Grady 
laughed in a quiet manner and 
seemed to regard the thing as 
something decidely amusing.

Arraigned on New Complaint

     Grady was arraigned 
yesterday afternoon before 
Justice Fraser on the complaint 
charging him with robbery.

     Demand was made by his 
councel for an immediate 
hearing.  This was resisted by 
the county attorney and an 
agreement was finally reached 
by which the preliminary 
examination was set for 
Saturday, August 20.  When the 
matter had been disposed of 
another talking fest ensued.  
Judge Fraser said the defendent 
would be required to give 
bonds in the sum of $5,000.  
This took away the breath of 
Grady and his lawyers, who 
declared the bail demanded to 
be excessive and went back in 
criminal history of the county to 
show that no case was on 
record where a prisoner charged 
with that offense had ever been 
required to give surety in a 
greater sum than $1,000 for his 
appearance before a justice of 
the peace.

     His honor remained 
obdurarte and Grady was taken 
back to jail, being unable to 
furnish the bond.

The Billings Gazette
Billings, Yellowstone County, Montana, Tuesday, August 16, 1904