The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1879-12-12
THE LoBB TRIAL.
Summary Of the Evidence lin thu
Case.


Territory of Montana Ys. Manson T. Lobb, 1ndicte
for murder in the first degree, for the killing .
James 0yerson IN the Silver Bow slaoon a
Il Butte. onthe evening Of Feb 1e, 1879.
A. E. MAYHEM, Esq., District Attorney, and job
+. Forbis, Esq.,, appeared for the prosecution AM
Thos. L. Napton and 6. W. Stapeton, Esqs., for dc
| fence.
The case was called Wednesday, Nov, 3D., at
and the time until 70 m. Friday was occupied
, securing jury. Forty-nine jurors were examined
when the following jurors were accepted.
Phil. Z. Evans, J. s. Daddow. j. N. Collins Thos
c. Irvine, Fred. Capce, VIM. Perryman, W. B. Mil
Ter, W. B. Edgar, William Gill, jones Mallory, Chris
Herlocker, C. W. Wilkinson.
The first witness called by the prosecution was DR.
j. Thompson who testified: Was at Butte Feb IL
1879. On the evening of that day found Jamss Owe :
son lying on the floor of my sfice with bullet
wound IN the abdomen, about enc and one-half In
ches to the right of the medan line and the width of
three fingers below the navel. Examined the wound
and found an opening had been made il the cavity of
the abdomen. 1t was unshot wound Considered
it mortal and it resulted fatally at the 18TH
Wounds Of that character almost universally ia
tai. Did not see Overson after his death.
The defense passed the witness without exsmin =
tion.
Frederick oyerson sworn Reside about three
1 miles from Butte knew defendant, knew James
Overson; he my BROTHER saw him Feb. 16, 1879,
lying in bed in the City Hotel was not absent from
him more than an hour from IL p On the 10th un-
| til he died.
Chris Nissler sworn: Own the Silver Bow saloon
Butte; saw Lobb there between and p. m. Feb. 16
Jack McGreggor and Matt Ryan talking loud and
/ i'm lint mot Ttyhti Lob. ad xo
| them. told E. Hlrbour the barkeeper, to take Nc
Greggor out. Five minutes after Lobb returned and
tried to arrest Ryan Told Lobb there NO need to
arrest Ryanthat there enough there to prevent
trouble. Lobb said, 81 win arrest you ; you are my
prisoner" He seized me and tried to pull to the
| door. l said 50 No man [maybe said -----l can
arrest me in my own house." Lobb pulled me and
struck him In the face. crowd gathered and soon
after shot was fired Don recoect that Lobb had
hold of me them Saw Overson in the house just be-
fore the shot was fired. Do not know who fired the
shot; was close to Lobb when shot was fred; was
touching him bat did not see him. There were 80
20 men in the house. Did not see any one but myself
i.rike Lobb. WITNESS drew plan Of room and tfx-
lures and position of parties Saw Overson jutt be-
fore the shot was fired. Did not see any pistol in
Lobb's hands. Lyte arre ted me after the shooting
and put me in a back room.
Cross Examined--tswu the saloon where the shoot
ing occurred just lighting up; there was no un-
usual noise except by McGreggor and Ryan. Didn't
want Lobb to arrest them because there fight
ing. Didn't know Lobb was an officer. Hirbour did
not tell me he had employed Lobb. He told Lytle
and Lobb were watching and collected week about.
Think sober at the time. Don't think Lobb said
he came in to preserve the peace The quarrel going
was only enc of words; did not hear them threat
Y.,tb ral h,ar
him use violent language. lie ierked me' around by
the coat collar; did not strike me, struck him; did
not not any blood him after. The shooting oc-
CURED minute or two later. There was crowd all
around US. Saw Lytle about time of shooting. He
CAME up to me; don't know if he had hold of me be
fore the shooting: trying to get away from Lobb
at time of shooting; he did not threaten bat had
me by the collar e. Hirb0ur.is in Canada. He was
t. tnding bar at the tine. Saloon is 2Qx50 feet. ap
peared at Lobb's examination next day. The next
Saturday 4 was tried and fined Tor ASSEMBLING Lobb
Re-direct-I was sober; did not see oyerson drunk:
remember things distinctly before Lobbl seized me
after that i was excited. Did not see any one else
strike Lobb; would have noticed it. There was no
other row in the room. afs4 f fs
Cross Examination-Some one might possibly have
struck Lobb without my seeing It.
Re-direct-Both the men quarrelling were drunk
Not much attention was beng paid to them.
Simon P Grim sworn: Was going up street on the
evening of Feb. 18TH saw crowd going into Silver
Bow saloon; stepped in; saw two men quarrelling;
knew one of taem-Matt Ryan; didn't know other.
Ryan was drunk. tried TO take him away. He pulled
the other way; he pushed up against the other man
and both fell. Another man-Jim Stride-was stand
ing by the bar; Lobb went up and arrested Stride.
Stride resisted and tried to get away. Lobb pulled
nou&or = tho SayU Niselo IN tn Tohh nd
said, "Dont arrest that man adding that he didn't
want any made that house. Lobb loosed his
hold on Stride and seized Nissler; said he would
rest him. Eissltr said he W. nld not let any
arrest him in his own hous Nissler struck Lobb
about the head and a crowd gathered around. Lebb
put his hand in his pocket and said " Gentlemen
stand back I stepped back a little and just then
heard the report of pistol. The crowd spread eav-
ing Nissler and Lobb standing Saw Oyerson st and
ing close by just before the shot fred After the
shot the crowd scattered. Lytle came in and asked
what was the matter. Lobb said, holding NiRsler,
"this is my prisoner" Lyte said, 81 will take care
of him." and took him back. Lobb then had "bull-
dos" pistol in his hand Did not O. the shot fire.
Saw pistol in his hand before and after the shooting
he took it out of coat pocket on right side. In 10
seconds after heard the shot had turned to st ep
back Overson wsk or feet back of Lobb whe n he
drew the pistol Thought saw Overson go out with
the crowd after the shooting. Heard some one say
aThere's man shot, Iwent with Lytle and Mis-
sler, leaving Lobb in the room. Was about II feet
from Lobb when the shst was fred. Saw Overson's
dead body in school hall afterwards, Saw Lobb in
Kings saloon in or 10 minutes after the shooting
thought his pistol had gone off accidentally. He
was asked if he had not shot the wrong man." He
said j. No. shot the man / INTENDED to shoot" 1t
was known then that it, was Overson that was shot
Did not see overson drink anything
Cross Examined Think Lobb was sobeTat the time
Of shooting. Heard him tell them they must keep
the peace. went in to get Ryan out. When Lobb
said he had got the right man, he said he would not
let any ave or six men mount him. Think he said
something about others striking him and that he
would not let them run him out. Lytle came In i'm
mediately after the firing. When Lobb drew the ps-
to he said Stand back some Of you will get hurt"
Did not hear him command the peace. Told Nissler
he would arrest him for interfering In his business
or words to that effect He arrested Stride and start
ed out with him when Nissler interfered. Nissler
struck Lobb and called him hard names Think Mis-
sier caught Lobb first before Lobb tried to arrest
him.
b. Sale sworn: Had gone into Nisslers saloon to
talk 10 him on business VIII IN the low occurred wa
standing by the stsve and saw Lobb come IN ana stop
nv the door two or three minukes Will ns hanus An
his pockets. He then walked up to two men who
were drunk He grabbed one and said : You are my
prisoner" Then he grabbed another man and sand,
sYou are my prisoner" Then he let the nrst GO
and arrested third man. Nisslsr then went mp 70
him and said aJakeyou got no business here; pro-
teca ry own house, Then Lobb let ell three 90 and
seized Chris and pulled him. heard and saw the
shooting, Here he described how Isbb drew and
,red in very comical way) There were lots Of men
sitting around the reom. When the shot Was fired
they ali jumped up and ran out che bacK door Lobb
was going back toward Tho wall and was close up 70
table when he fred The manner Of the witness ana
the way he gave his feelings and was quite
humorous but unimportant.
Anthony Welch sworn Hal stepped In 70 rest
sore foot saw McGreggor and Ryan quarrelling with
Lobb nearly between them. McGreggor was telling
RYAN he could lick him. Lobb said II he didn't be-
have he would arrest him, and took hold OF McGreg
who seemed 70 be the strongest and got Lobb back
toward the table Nlssler went over to Lobb and said
!. Let 90 Of the man; can run this honse" Looo
aaszed Nssler and said, Yoa are my prisoner
-.