Great Falls tribune. [volume] (Great Falls, Mont.) 1887-1890, 1889-08-10
HAMILTON AND ATKINS.
A Crowded Court Charles Gahres and
Others Testify. -.

L. ID
against John Atkins for obstructing Al
officer in levying an attachment came III
before Judge Race today. The attend
ance was large. Mr. Benton appeared TO
the prosecution; Mr.. Brady for the de
tense.
Charles Gahres was the first witness
sworn. ANA hack-driver; saw q scutfle
don't know date; was sitting on bach
three feet from the window; saw mo
tions; saw Hamilton motion to Atkins &c
go out and tap him on the shoulder: saw
Hamilton draw a pistol; they clinchel
Atkins demanded some books; could
not hear anything; Hamilton showed At
kins against the wall.
Cross-examined- believe Mr.. D. Huy
was there.
D. Huy-I was not there at all.
Davenport was there; he could see and
hear better than could. There we're 4
number Of people around the door. There
might have been squahbling before he
got there. Hamilton had Atkins by the
collar with one hand and reached for hi.
pistol with the other hand Did not hear
Hamilton say anything about shooting
The curtain was drawn back partly on
each side. Half of the window was clear
am not positive that there was not frost
ing on the window; am not sure thai
there was high bar.
10 Judge Race am positive l saw
through all Instructions. Cross-examin.
ed-Some people were standing at the
door. .
Joseph Hamilton-Am deputy sheriff;
went with an attachment to Kram5eck's;
Atkins met me Oh the sidewalk; asked
me about some books: said he wanted
them; he went into the house and said
he would remain there, as he lodged
there; | said that he must not stay there.
When we went inside he clinched with
me and l drew my gun.
Cross-examined-Kr said there
were some books there; did not levy on
the books; krambeck said Atkins used
that place for writing; don't think Atkins
asked what had become of his books; am
positive Atkins did not say who he was;
had served attachment; don't know ii the
lease was ever attached; Atkins said that
he paid room rent and would stay there.
He SAID he would have the books at the
risk of his life. This was after the scuf-
file was over. told Davenport that l
was sorry and that Atkins could have his
books. | did not arrest him: I had no
warrant; had served all before the scuf-
tle. was trying to protect the property
[ had levied; | think there was some
need when there was such ''fish" at large.
| mean people who persist in going into
II house. Had responsible guard there.
1 notified Atkins that was an officer
Parties occupy rooms up stairs still.
Leon 2. Rognon, the Waterman, was
sworn. II no talk enough sor witnee."
Accordingly an Interpreter was sworn.
He said Hamilton told him that no one
except one man was to be admitted. The
man was to get some books. When At
kins entered Hamilton grabbed him and
drew his gun. Atkins said he must have
his books or he would not leave. Atkins
told Hamilton that the things in his office
were his. Hamilton took Atkins first bv
the arm.
Krambeck testified that Atkins rented
a room and had use Of office.
Mr.. Brady asked the court to dismiss
the case on the ground that the prosecu-
ton should have proved that the process
issued from court of competent juris-
dctlon. This is q universal holding IN
all the states and territories. The pros
ecutlon have not shown that this was a
legal attachment; that Hamilton was
serving an attachment at all. Mr.. Benton
said that he supposed that objection
would be raised to Hamllton's testimony.
Mr.. Brady in reply said Mr.. Benton had
over looked the pivotal point. Hamilton
might have had dozen writs none of
which were legal.
Judge Race-I think the point well
raised. The prosecution should have in
troduced more proof. But the deputy
sheriff has shown that he was serving a
process and there is not enough ground
to dismiss the case. 4
j. Atkins swOrn-I was at the door
when l saw Hamilton going out with
some books. went in and inquired for
my books. Hamilton grabbed me and
swore that he would arrest me. He never
told me that he was serving an attach
ment. asked him if he had any claim
on me and he replied: "---- I'll ar
rest you" Then Hamilton drew pistol
and took hold of his hand and turned it
away. ! did not know that the restaurant
was under attachment at the time. did
not notice the Frenchman till long after
ward. did not shove Hamilton.
Mr.. Davenport SAID that the only con-
.versation that took place outside was that
Atkins asked Hamilton to let him see the
books and he did so.
LATER-Judge Race has dismissed the
case.
The Beecher-Tilton Scandal Recalled.
The great Beecher-Tilton scandal Of
II years ago is wildly recalled to the
minds of old residents in New York and
Brooklyn by the death Of one Of those
who bore an important part in it. This
was Johanna s. Morse, the wife Of the
late ex-Judge Nathan b. Morse and
mother of Mrs. Elizabeth r. Tilton. She
has been great sufferer for years.
North Montana Fair Association.
A statutory meeting of the stockholders
of the North Montana Fair Association
will be held in the council chamber on
Saturday, August 10th at = p. N
W