The Dillon tribune., 1883-10-20
THE LEWIS TRIAL.
A Jury Impaneletl, after Much trouble
They Render their Verdict, "Not Gun
IT," and Charles A. Lewis Ii DIS
CHARGED from Custody.

VuA18OsA AAVssA Ns~"~S'
The trial of Chas. A. Lewis, who was
indicted before the Grand Jury, on the
charge Of causing the death Of Eva Ciark'
the 9TH of last August, began Tuesday
morning. 90,
Court opened at 9 o'clock with Judge W.
I. Galbraith on the bench. The Jury roll
was called, but owing 10 B. v. Bryson being
excused, on account Of sickness, the regu.
lar panel was one short James Hutchiss
name was drawn from the box.
The case was opened by r. B. Smith
and w. F.. Kirkwood appearing for the
people, and w. S. Barbour and WY. Penn
berton for the defendant.
The time, up to 3 O'Clock p. M, was con-
sumed before satisfactory jury was iound'
the original panel being exhausted during
their examination. The following.named
gentlemen were finally obtained: II. >.
Brainard, Thomas Stodden, w. B. Ray.
mond, Geo. Staudaher, E. P. Tucker, Al.
E. Graeter, Reuben Saxton, Dillon post.
office; 6. A. Bailey, Spring Hill; P. $. o.
Brien, John McCarl, Glendale; Samuel
Jaggers, Bannack Carroll, Smith, Argenta.
The jury was sworn at 3 o'clock, p. m,
and after plaintiffs attorney read the indict.
ment, Alphcus Decker, first witness, was
called and testified that he was working on
Jas. Selway's new house, on the afternoon
Of August 9TH, and at about 20 minutes Of
six O'Clock, being attracted by loud calls tor
help, from the other side Of the river, he
ran in the direction ofthe bridge, across the
Beaverhead, near Selway's house, and on
nearing 1t saw defendant ut the other end,
coming toward him, with the girl Eva In
his arms, and calling loudly for help. On
meeting him, about ten feet from the east
end of the bridge, defendant gave the girl
to witness who laid her down. Defendant
said, at the same time, "Eva shot herself"
then becoming wild and endeavoring to
jump into the river, witness grappled with
and finally threw defendant down and held
him until help arrived. A man, passing
with wagon, was hailed and the prisoner
placed In the wagon and brought to town
and handed over to Deputy Sheriff Mikus.
Witness then accompanied the coroner to
the scene Of the accident and there found
rifle standing against the whiffletrees Of the
wagon, on the right-hand side,an double
barreled, ech.loading shotgun In the
W0kVI Will OuS VdIICl CtlAlCutly JCSGuItly
Found most of the brains and
skull lying at the right Of the front Of the
wagon; although portions were blown a
bout fifty feet from the wagon, directly In
front. Questioned, witness said shotgun
was found resting on two trunks, with the
locks downward and muzzle close to back
Of wagon seat.
Coroner Hirschman was next examined.
He testified that on the evening Of August
9TH hts attention YVES called to reports that
a murder had been committed and that the
murderer was then in wagon in front Of
Mikus' saloon, that on going there found de.
PENDANT held BY two men. Just as he ar
rived heard defendant say: "The bad men
Of Dillon wanted my Eva, but they shan't
have her." (.rhe balance Of witness testi-
mony corresponds with that Of Decker, SO
is omitted.) Plaintiffs attorney here tried
to introduce letter received by witness, to
prove girls identity, but was 0verrulsd by
the Court. A blank telegram, found on
the person Of defendant, was read by plaint-
iff's attorney. 1t read: Photograph au.
70 without it,"
Phil d. McGough was next called and
stated that he was one Of the Coroner's Jury
and saw the position Of the guns. and stated
other facts which Tailed with the testimony
Of Decker.
said that he first took the gun from the wag'
on, and that it laid down as described BY
Decker.
Robot. Boldly, next, said that he took thu
shot gun from Layne and drew an empt,
shell from the left.hand barrel and loaded
shell from the other.
Chas Mikus was next called on and sta
ed that he ironed defendant in front of hi.
saloon, and although defendant called re-
taking him to Jail, until nearly there, wher
prisoner stopped and tancied that he sa"
Eva, and then said that "Eva wanted to b.
an angel and now she had gone to be one.
Defendant seemed to be out of his head un
til left III cell in the jail Witness wen
to scene Of accident ana took possession Of
horses, wagon and other things. Return
ing to Jail an hour afterward he released
prisoner from cell to main room, saying Il
the bystanders that defendant was crazy ,ane
that defendant Immediately replied II an
not crazy; know what am doing"
Jas. Selway being called, said that defend
ant had been camping near his house TO
about three weeks, but he (Selway) hat
been to Helena and had seen nothing Of de
PENDANT until recently, but deiendent ha,
talked about the girl to him. Lewi
seemed very anxious in regard to her wei
fare, stating that she had begun to flirt witt
parties In Dillon and that he didn't like Il
That he was up town at the time Of the &C
cident and met Decker and party on thei
way to Dillon. Saw nothing out Of til
way with the defendant hut thought he wa
very anxious about Eva.
Court adjourned till next morning.
Wednesday morning-llerbert Selwa
was next called, but dismissed Tor the tin,
being.
Mrs. Eunice Selway was then called an
stated that defendant had been canned nes
their house tor three weeks and that tot
he aud Eva had been toterlhouss occ asiona
~ during the time, aud that her girl lsavin
her, she had engaged Eva to help abo,
the house: that Eva had stayed at the wal
ON, until the last few nights, when she sal
} she was sick Of camping out and 80 staye
at the house. Defendant seemed untul
. solicitous about her doing SO, aud requisite
Eva to 60 to the wagon with him very fr
Quently. Witness had heard Eva say tn
they were going away, but that Eva d
not want to 60. When defendant came
see her (Eva) about noon Of the day Of Il
accident, they had some very unpleasa
5 conversation together, so much 50 that wi
a ness lett the room. "On my going up tow