The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1879-12-12

back to me, In direction of stove Lobb gathered ar
pushed back toward bar. He was partly st0opir
and came near falling. The crowd around Lobb we
pushing at him. Lobb took hold of Nissler and sal
lyon are my prisoner. p Then Nissler st truck Lob
Did not see shot fired. Was little out of the crow
| at the time. knew Overson, came to Butte wit
! him. 3H &
Geo. d. Thorn sworn: Had gone up street evenin
| of shooting. Was standing with Hosea Fisher
| Billy Wilson's saloon. Had just heard man ha
| been shot at Nissler's saloon. Lobb and anothe
man came across the street. When within to
feet of me heard Lobb say to his companion, !" 60
i one of the sons"
VIM. Owsley sworn: About half an hour after tn
shooting was in King & Lowry's saloon Upton, Low
ry, AL Dell and others were present Lobb came In
He was asked his pistol discharged accidental
ly. He said "No, i shot the man intended t
Shoot We knew at the time that Overson was tn
man shot. He said " he would have shot the othe
man If somebody had not got in his road.' Lob
complained of the crowd piing him; said he had t.
protect himself left the impression there had been
general melee. Didn't say he had pulled the pisto
tor Nisser.
The prosecution here proposed to introduce the dy
ing declaration of Oversen. Jury was retired unit
Court determined its admissibilitye After eVidenc
and argument Court adjourned until Q p M, whel
Court ruled the evidence admissible and defendant
counsel fled exception.
At2p, IN. jury was recalled and case continued.
Fred overson, sworn-Wss with my brother from
II p m, Feb. 16, till M, Feb 49, when he died
The room was full when Preached there. Grove
then left. He said to me, Fred. this is prett.
rough, amt it?" encouraged him; told him b,
would be all right in few days-be up and around
again. He said mo; will never get up from
here" stlll encouraged him. He said" No; an
gone" He rested while and said, 9 Fred, ann
afraid to die but dnt think it would come quite
soon.n while after he said, as Fred, want you tt
pay my debtsn told him .. You know will do that
Don't let that trouble your mind" Before this he
said, 'I wouldn't care much if was little better
crcumstanced." He told me he had been in town
bought some picks at Dellinger s. Hydes started
home and when near Missoula Gulch recollected that
he wanted to some one in town left his picks at
house and went back. asked if he knew who
shot him. He said he had heard his name that
they called him Six-shooter Jack, the watchman in
town." He seemed TO be in pain: would pick up the
clothes and say, wish it over" Think he was
in his right mind that he had religious be lief and
tried to be good Christian he raised in Luthe-
ran Church. Did not zee any medicine given him
uhIA AOAG &ay3 Nhoh suSy gave hAhA SPioceSs ny
clan had been there before came but had left. Do
not think my brother belonged to any church. Think
he believed In future rewards and pnnishments
A. II. Barrett sworn: Was asked by Frank Beck
and Geof. Layell to take statement of James over
son. Went about II p. m night of shooting. Fred.
Overson and Con- Salmon were also present. Did not
tell him he was going to die. Did not hear him say
anything about dying right away. Think he said
ann n no docfn I'D 7ratp p0n in TO aae If
our mission would excite him too much and then
admitted us. He was told we wanted his statement
in reference to the shooting Witness then read the
following as 1t
THE DECLARATION OF DIVERSION.
Jack McGreggor and another fellow had some words
and talked abeut fighting. The night watchman
stepped up and told Jack McGreggor If he did not be-
have he would arrest him. The fellow McGreggor
had fuss with thought he had some to stand up
for HIM and was going to fight Jack McGresgo tight
there; and the watchinan said to McGreggor, " Come
along with me; arrest yon now" At that Chris.
Nisser stepped mp and said, You too fast; you
have right to arrest any here. You are not IN
the street, He, the watchman, was scuffiing With
McGregor at this time stood at the side of Nisser
and put my ha i'd on the watchmans shoulde and
said Let 60 of that man; no one /, gsing to fight
and at that he said 'tTake that, and he fired saw
the fash and knew was shot. That is about all l
know. Nissler and the watchman scufied; Nisser
took hold Of the watchman. / don't know whether
Nissler struck the watehman or not. This was on
the 10th dav of Feb A. D. 1872 at the Silver Bow sa
loon in the town of Butte Deer Lodge county, Mon
tana Territory.
D. N. Upton sworn !: Went into Nissler's saloon
wnen heard the pistol free, and asked who was shot,
Some one said Jim Overson." asked who shot
him. Lobb, who was standing by me, said, !" / shot
him." There were 90 or 80 m en- in the saloon.
With the above the prosecution rested their case.
TIE DEFENSE.
Mr. Stapleton stated the defense expected to prove
that Lobb was acting in the cap city of an officer;
that there Quarreling in Nissers saloon; that
knife was exhibited and Lobb called in to prevent
and went there to make arrest and be-
ieved he had the authority to do so that he was re-
sisted by dozen men in such manner that reason
able man would believe he going to receive great
bodily injury; that there or men around and
striking at him and that he driven to the wall
j. B. Wilcox sworn; Was in Butte Feb. 16, 1879.
Knew defendant. had been Justice of the Peace
there. Was not at that time.
sin what capacity was Lobb acting 2" IObjected to
BY prosecution who claimed the defense must first
prove Lobb was an officer and aftei ward that he was
acting In such capacity Argued at length 1out sus
tanned objection-defense filed exception.l
Lobb, Lytle and Beck carried keys of the Jail in
December and January. Lobb had arrested parties
and put them in Jail. He took prisoners from my
court to tie Jail. lObjection again made argued at
ength and sustained. Witness allowed to testify to
actsl Lobb brought quite number Of prisoners be-
lore me- and he, Lytle Beck took them away after
convection Other parties acting in sams capacity as
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