MISSOULIAN NEWSPAPER
MARCH 1, 1909
RANCHER DIES AT HANDS OF EX-CONVICT

ROBERT GILRUTH IS SLAIN BY JOSEPH BROWN
ON HIGHWAY NEAR LOLO

MURDERER IS ARRESTED

Accused Man Claims That He Shot in Self-Defense After He Had Sustained Wounds in Encounter With Victim and Brother-----Recently Finished Prison Term Robert Gilruth a prominent rancher living near Lolo is dead as the result of an encounter with Joseph Brown a man who has served a five-year prison term in the state penitentiary for criminal assault on Gilruth's wife nearly seven year ago. Brown is now in the county jail and will face charges of murder.

Story of the Crime.

The story of the affair, as told by Joseph Brown, the man who killed Gilruth is that while passing along the country road in the neighborhood of the old Chickerman mine, about six miles west of Lolo, he met Robert Gilruth and a brother, John Gilruth. Brown says that he asked the men for a match, and was immediately attacked by Robert Gilruth, who wielded a surveyor's axe, cutting Brown on the left hand and wrist. While Robert Gilruth attacked Brown from the front the brother is said to have attacked him from the rear, inflicting a wound in Brown's head with a sharp instrument. Brown fell to his knees, and as the brothers ran away he says he pulled his revolver and shot at Robert Gilruth, who was entering a cabin. The prisoner claimed last night that he did not believe that his bullet hit Gilruth, although he says that the fleeing man stumbled as he entered the building. Gilruth was found dead with a bullet through his head. He was shot in the mouth.

Comes to Missoula

Brown says he hastily left the scene and got a rig from Henry Westerman with the intention of driving to Missoula to have his wounds dressed. As he was passing the store at Lolo, Brown stopped and asked Mrs. Hughes, the storekeeper, to telephone the story of the fight to the sheriff's office here. Brown also advised the officers that he was on his way to Dr. Parson's office for treatment. When he arrived here Under-Sheriff Miller placed the man under arrest. Sheriff Graham immediately drove to the Chickerman's mill and after assuring himself that Robert Gilruth had been killed, looked up the brother, whom he brought to Missoula at about 10 o'clock last night.

Another Version

Another version of the killing is given by John Gilruth, the brother of the dead man. He says that the two were working near a cabin in the neighborhood of the Chickerman mine, engaged in preparing claim stakes. The claim they intended to stake out adjoined one occupied by Brown. John Gilruth says that Brown came out of his cabin and approached the two brothers. "I asked him for a match," said John Gilruth, "and he gave it to me." Robert asked him where his claim line ran, and Brown said, "Right through this cabin." Well, I'm going to stake out the claim anyway," said my brother, and Brown answered him with a curse, "You __ __, you'd better not," drawing a gun.
Robert had a hatchet in his hand and struck at Brown with it. Then he threw the little axe at Brown and ran toward the cabin. Just as he entered the door, Brown shot and struck him in the mouth." John Gilruth says he was under the influence of liquor at the time, and that he took no part in the fight. He states that he procured a sled and took the body of his brother to the latter's cabin and left it there. Later he accompanied Sheriff Graham to Missoula and Coroner Kendrick went after the body. An inquest will be held tonight.