The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1870-02-25

DR.. Mitchell testified on preliminary e ex (!
Sminatioo: Imade p0st xnOrteaa examina.
ton Of the body Of Charles Roach. He had
wound on the top Of his head on the left
side; his skull was fractured; the fracture
extended down through the temporal bone.
The temporal artery and the artery on the
inside the brain were wounded There was
v shaped fracture 1t the lower portion Of
the brain. There WAS coagulum of e.
ounces in the brain. The wounds were the
cause OF his death =. -. Fl. 90
~ m PRELIMINARY, DETERMINATION.
On the oath preliminary hearing w,s
had before Judge Hiram Knowles sitting
q committing magistrate; District Attor.
ney, n B. Harrison. appearing for the PEG.
pie, and Messrs. Clagett and Dixon for
tile defence. The testimony il very vo-
luminous. We bclicye no material facts
were brought out by the prosecution other
than given above, save the following from
the testimony Of John Reed, who was car.
ing for the wounded man: that ''abou, an
hour or more after Roach was struck.
''whiie bathing his head, Roach revived
land said to him my head hurts awfui!y.
Johnny. think acted wrong"
THE DxFExsE. wiz. .f,-
The object of the defense was to prove
that Condor acted in self defense: tia. he
was physically unable to cope with Roach.
and in, danger Of great bodily injury.
Among the testimony we find the follow
ing: -Tyt {nS 2jOf3C~E
d.. n. H. NitcAs1 sworn. Have known
Thomas Condor Ii years, in California, Ne.
vada, Washington Territory, British Col.
uMbll and Montana. lie was shot in Car.
son in 1861, II man calling him into the
street and shooting, him twice, once Through
both lungs. He was in bed 2 or q years
after it. CpU 1894 he worc.a syplpDu in
Ibis'lun9. through wh1ci, the Jung slouyhcd
of. He has only capacity Of one lung, l. e.
lSe ts enabled u inspire only one halt tho
breath of / sound man oflIis size. Condor
might be strong for minute, but would
him become exhausted in walking up hill.
Roach WIS muscular. well made man
would weigh al,out 14J pounds Condor
will not weigh over 100 or 1875 pounds.
kAcil was the best man. A heavy blow in
Condon's chest might have killcdor severely
injured or used up Condor. Never knew
Condor to have any personal difficulty ex-
cept when he was hit once in BiackfOOt-
. slight difficulty. Condor has not his nat
Iral strength; right shoulder lower than
left; very little strength in right arm; think
Tint blows on Roach were inflicted with
right hand. Roach la | . thin skull.
Lyte,1 lHnrri~ testified rs to Roacl.'s
strength that he was very strong in his
arms. could lift a keg of white lead and
turn it over with one hand-a feat few men
could do. The testimony was cOrroborated
Ut his strength.
Mr-Condon desired to make statement
to the Court. but it was objected to by the
District Attorney and sustained By the
Court.
After hearing that lasted until Friday
noon. The Court held Condor in the sum OF
81 600 10 answer before the Grand Jury on
the charge of manslaughtcr, Stain: that as
committing magistrate he had no opinion
to express on the merits Of the case. but
that he would hold him to answer in that
amount, which, if he could not give, he
wonld have no hcsitancy in reducing.
j Icssfs. Geo. W. irwin sad james Bailey
At once gave the required Dond. -. -.
We have seen Mr.. Condor but few min
utcs, but condcnse tho ststcment he wished
to make into this: -...-.. 60. sss- .,t sss&a..-r
MR. CONDoN's STATEMENT.
He was friend Of Roach, and tried to quiet him
Roach had struck him several times cutting his cheek
m"ny. lie was ritin. by the stove with his nat down
over his eyes and his feet on the stOve, when Roach
retu ned Roach rushed upon him. striking him in
this POSITION and as his feet to the UOr he sciZ
cd the stick lying ~ the stove and srang back ward
ing of the blows o Roach until back near the billiard
which frightened him ICondonI but which by quick
Jerk hs got out Of his hand There was another SQUAD
t'e IN the room N me sime and fearing Ro.ch would
In, exhausted and bent in Or stranrie him to death
before help wOuIl come, he then struck At him harder
striking the Third blow ~ he [condonl falling.
Fl ssyas tth CHARLES & D., ROACH, aas- ~
was twenty-ihree years Of age; came from
Peru, Indiana, where his relatives reside, to
Montana in the spring Of 1860. He was 4
clerk in Dr.. Dams drug store in ,viryini.
for some time; Came t. Deer Lodge with
Louis Keysscr in 'G7; was in business for
himself in Pioneer last summer, and during
this winter was for a time clerk at the Scott
House; went to Cedar Creek, returned. and
has since hsen with M. Kcysscr.l He vas
possessed of fine business and social qualifl-
cations, and although w have known him
between three and four years,
ncycr knew him Intoxicated before. Liquor
made him wild. and the assaults on that
fatal night were on his friends. Surgical
skin was unable to save him. lie survived
but few hours, and Was followed to the
grave Ivy large coneouns of frienda May
IL boa warning potent AZ sad against that
curse Of the land whisky bibi,llnEe -, Il"
:-1AA:------ ..1aI.. A--- = = ---8" a. ~
no DEER LbDdK MINERS rssG
--ss1DseAofsc noSz==shsss Ya1ssy o. Csxsaa, ron
TyoQ 1t9 rTe% or-sdievsasse b. ~ salyfiot IN
market for Sale at reasonable prices. Also ready
made Ayssaulic 1ose. Only limitsd sapply Aasd.
. ru.E1Isia.ffhh Irfaiseaf GAM Z KLEIN. Y
Shsstlng Extrssudtnarys-We notice n
some West Cost Exchanges, accounts Of
crsck bhocting, Here y ~ instance Of good
by . well. known .cisisen of the
county Wnisn some, d them i ca L. draw TO-
Mr. J, cstekiss, aeas Phillipsbsry, !
ysafaspf tifted, On, , hsat . "a scsifhccd l
COMMON pu.sts loIdias Pie, ncsaiipre Is
-