The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-03-27
WAS PROVOKED
Witnesses Tell What They Know
About the Case, but Their
knowledge Is Not Very
Exhaustive.

to-day In the matter of starting the Levi
trial. County Attorney Baldwin
has had his mind and time occupied by
two preceding murder trials and had not
been able To find time Ia familiariz" him
self with The present ease, being ignorant
Of the evidence, since he was not county
attorney at the time OF the preliminary
Accordingly, at Mr.. Bald
wins request, an adjournment was taken
this morning until > o'clock this morning.
This a~ftcfnoon nine witnesses on each
side were sworn. County Attorney Bald
win then rad the indictment and made u
brief statement OF the ease 10 the jury.
Mrs. Jan" NJ, Masters, the landlady of
the hous" where the shooting occurred.
was the first. witness.
She said: 81 resided last September al
No. 2l3 Montana street, keeping a lodging
house. Frank NJ. Lewis roomed nj my
placcon the second floor. Mr.Johnson had
been ~therrabout two weeks. They roomed
together in the middle room M stairs.
Two or three evenings before the murder
occurred Mr.. Johnson was In his
room and Lewis tried to get in. The door
was locked, and Lewis old me-, This fell
low has the dsor locked There was no
more trouble. TN tho nigh, of the kill
ing Lewis came in first. ] knew his step
on the stairs. Mr.. Johnson came i'm abou
half an hour aftcrward."
"Wait a minnie. What state or terri
tory did this take plac" in"' inquired the
county attorney.
don know what territory: ! am "A stran-
ger here" said Mrs. McMasters. The
lady resumed: II heard a noise above
and Lewis came To the head Of the stairs
with something in his hand. He
said that Johnson threatened Ia kill
him, aud that he was lying thcrc.
I couldn't see what Lewis had in his
but only that johnson had threatened Ia
kill him. ] didn't go up stairs for several
days afterwari. The men were about tho
same size. The only noise | heard up
stairs was the scuiiiing If the men. I
heard no pistol shot, hut a heavy crash.
Then | made for the stairs and there saw
Lewis. Johnson's given nam" ! think
was Frank
TN cruss-oNamination 10y AttornpN
Booth, Mrs. cMasicrs said thai Lewis
had occupied the room about four months
before johnson went there. On the night
of tho shooting the first thing she heard
was h door opening and Lewis asking:
What do you want in here Il" was
i'm the dining room directly below. Lewis
was a very quiet. peaceful lodgrr in her
house and kept good hours.
DIR. Gunn, the next witness, said:
II resided last September almost op,s,-
site the house of Mrs. McMastcrs. TN the
night of September ~. about . O'Clock, |
was standing on the steps If my house
and heard two reports. ] thought the re-
ports wcrc ilr crackers. walked mp the
street and un returning ! met "A youi Z
man named Clifford, who told mo a young
man had been shot. | walked with him
Ia this place and found johnson lying
with his head and shoulders in the hall
-.-l a.. - Il ~ HI. 4. ~ - A
felt his pulse and found him Ia bc dead.
His chest rested On the sill Of the door.
He was shot in the right breast The
wound was sufficient Ia produce death. 4
young man whom ! didn't know aud
couldn't recognize was there, much ex-
cited. He brought out a pistol and said
that was the weapon that did the shooting.
Some u asked him why u" shot John
sou. and he said johnson threatened Ia
kill him. He said that lac would 90 and
give himself up. ] should Judge that the
deceased was a triii" heavier set than ia"
defendant"
On cross-cxamination DIR. Gum admit.
ted that ID" did not know with absolute
certainty that the deceased might no,
have met, his death from heart disease, ar
apop!cxy.
DIR. Howard was then examined and
said:
al was last September. l was
called Ia hold AN inquest ON "A body IN
South Montana street about September
~. don't know whether the name of tb,
deceased was Frank or Stephen Johnson
IN the verdict Of the jury the name was
corrected To Stephen Johnson. tbiuk
Johnson was about the height II Lewis
and perhaps "a little broader in th" chest
DIR. Howard. on cross-cNaminaiion. said
he found no firearms an the deceased
He could not tell for certain what caused
death.
Frank Is. Themes, under sheriff at ia.
time. testified to Lewis giving himself up,
The defendant told Thomes that he had
killed johnson, and that IN. did il in self
defence. johnson had come Ia his room
Ia do him up, and he didn't propose Ia In
whipped by him. Jailor Cook gave SINH
lar testimony.
Deputy Sheriff Nichols was also exam
med and testified in "A similar manner t.
the circumstances Of Lewis giving himself
up. Al this evenings session DO. Maratta
and Henry Werner were examined and
described Tho condition Of things AT ia,
room on their arrival. Owen Williams
who employed the boys, said that the mcr
were in his shop on the evening 81 IA,
shooting. Lewis looked a little mad and
Johnson looAed about as usual. He was
a little smaller than Lewis. lie had beer
working for him about u years. He knew
of no quarrel between them. He heard
LEWIS fndht rp tnffttr ON lsaNlnk ths
! shop. III" lett about tll" usual time. John
son had "A little more work Ia 10 and left
tile shop "a few minutes after Lewis.
r.. =. Booth swor. To the correctness oi
/ the diagram 81 the house taken the mex
morning after ia" tragedy. l.. =. Clifford
the principal witness in the case WA
called but did not respond. He il ne
ported To- be in fniryicw, Oregon. Tbi'
concluded th" evidence Of tn" prosccu
ton.
Attorney Booth then moved that ti,
jury he instructed Ia return a verdict %
not guilty. During the argument ~ tai,
motion the Jury was dismissed until In
morrow. The ground for the motion wa
! that all tho testimony tended To show tia
the homicide was ju~stiiicable. Count!
Attorney Baldwin replied that the onl,
evidence 81 justiflablcncss was that which
came from ia" defendant himself. III,
motion was denied by the court.
Two strangers from Michigan arrives
in Butt" this evening and are at the Nc
4 n....s nIu.H 80 .Vu.Etttu afnntttrf.a ~.