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Show " MAJOR m IS : RELEASED ON BE Charge Reduced From Murder Mur-der in First Degree to Voluntary Vol-untary Manslaughter. BOND SOON FURNISHED Witness Says Horton Made Threats While a Prisoner in the County Jail. Acting under the discretion given him by law, Justice of the Peace L. K Martineau, Jr., yesterday bound over Major H. P. Myton to the district court on a charge of voluntary manslaughter man-slaughter for the killing of R. J. Horton. Hor-ton. The charge of murder in the first degree filed against Myton is thereby withdrawn. Major Myton was remanded to the custody of Sheriff John S. Corless and his bail was fixed at $3500. He was taken from the courtroom to the county jail, where he remained until 5:30 o'clock in the afternoon, when the bail was furnished" in Justice Martineau 's court. Pred Kuster and Fred W. Price, friends of Myton, are his bondsmen. Myton will ,be tried before a jury in the district court on the lesser charge of manslaughter, probably during the January term of court. Iii case of conviction con-viction he will be liable to a sentence of from one year to ten years in the state prison. Public Attracted. The preliminary hearing in the justice jus-tice court attracted attention such as is seldom accorded to preliminary hearings. hear-ings. Justice Martineau found nis uptown up-town courtroom so crowded that he transferred the case to the district court chambers, where, since the hearing hear-ing begau last Friday, great crowds have gathered, blocking the corridors and the entrance to the courtroom. The hearing was concluded at 4 o'clock yesterday afternoon. Mos't of yesterday was occupied by the state with rebuttal testimony. Several witnesses were placed on the stand during the morning session in an effort to rebut the presumption raised by the defense on Saturday that Horton had been armed and that his weapou bad been spirited away after the shoot-iug. shoot-iug. John "W. McKenna and J. C. Anderson, Ander-son, putrolmen, testified that they were present when the body of Horton was placed in an automobile aud that they saw nothing of a revolver taken from Horton Js clothes. They did not search him for a gun, they admitted, and a gun might have been taken from the clothes of the dead man without their knowing it, they agreed. Witnesses Fined. Thomas Naylor testified that he saw Horton 's body placed in the car, but saw nothing of a gun. Ho, too, admitted ad-mitted on cross-examination that a gun could have .been taken away without being seen by him. Francis G. Mattson and H. M. Bunce, newspaper men, testified concerning interviews in-terviews they had with Myton the night of the murder. Both agreed that Myton had said that he shot Hortou because he had been struck by Horton and because he believed Horton was going to draw a gun. When the afternoon session began George D. Burrows, Lew - Hosier and Henry Curran were each fined the , equivalent of one day's witness fees for having failed to be on hand at the morning session when they were called, j Burrows was the only one of the three j to be placed on the stand. He told i about the same story as numerous others oth-ers who were present immediately after the shooting. Horton Made Threats. Boy Sherrill, a prisoner at the county coun-ty jail, testified that in February or March of 1914, while he and Horton were inmates of the jail, he heard Horton Hor-ton declare that he was " going to get" Myton sooner or later. In July, 1P15, he said, he heard Horton malce the same threat in the Bismarck cafe. Fred A. Ellis, a former deputy sheriff, also told of having heard Horton threaten threat-en to knock Myton 's head off. W. N. Andrews, the last witness called by the defense, told of meeting Major Myton in the Bismarck saloon Friday night, just a little more than rwenry-iour nouns uciure iuv Kiiuug. He said Myton was leaning up against the counter staring out into the street. : When Andrews asked him what he was ! thinking about, he said Myton replied that he was afraid he was going to have trouble with "that fellow out there," pointing to a man outside the saloon. Andrews could not say whether" the man pointed out was Horton. |