The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-12-07
Charles St. Germaine. Who Shot
Charles Thomas, Absolved
From All Blame.
Justice Sanders Thinks the Lad
justified in Protecting His
Mother.
Thomas Hold for Shooting with Intent to
Kill Mrs. Bernier-Olson and
His Check.

WHICH, Ilo SuOS ~ CuHrleS lQOIuRS OH OuIludy
last. at Sixth avenue and Davis street, wal
the opinion of Justice Sanders when he or
dered the lads dismissal from custody yes
terday. st. Germaine was charged with
shooting Thomas in the head after the man
had taken off piece of one ear for the
boys mother. Mrs. Adeline Bernier, with q
ball from the same pistol. Thomas was
also on trail for shooting Mrs. Bernier with
intent to kill. He did not fare SO we'll as
the boy, rs the justice held him for the
grand jury in $1,000 bail, which he was un-
able to furnish.
Thomas, st. Germaine, Mrs. Bernier and
her daughter Sophie were all in court. Mrs.
Bernier had her injured ear tied up, and
Thomas scalp on one side showed signs Of
the bullet wound inflicted by the boy.
County Attorney Nolan was there to prose-
cute both shooters. not for their bad marks
manship, but for intent to kill. S. H. Nc
Intyre was present to represent st. Ger
maine. Thomas had no counsel.
The testimony of eyewitnesses was to the
INDEPENDENT on Monday; that Thomas
broke into the house, chased the woman
and her daughter out, caught the former
about the neck and shot her; that the boy.
st. Germaine, knocked Thomas down with
stone, picked his mother up and then
shot at the PROSTATE man. The evidence of
Mrs. Bernier and Thomas went to establish
the fact that they had known each other
for four or i've years in Chicago, and that
he had come here some months ago and
gone to live with her, having deserted his
wife and two children in Chicago. Mrs.
Bernier said she had promised to marry
Thomas. He told her he had a divorce at
SHuk hut $knrv I'd h1 Enl
Saturday night he was finding fault with
everything and they quarreled. He threat
ened to make it hot for her, but she never
thought Of him getting pistol. The sub
sequent events OF Sunday have
already been told. The woman
said that after Thomas shot her
and foil In the street she thought he might
have shot himself. Thomas testimony in
regard to the quarrel Saturday night was
to the effect that the woman and her
daughter were talking in French, the only
they had used for a couple of
weeks before. Thomas says he complained
about it and asked them to speak in Eng
to sleep here go outside and sleep" This
aroused the anger of Thomas, who said to
the boy: "I'll show you that you're deal
ing with Dutchman." After that a DO
liceman came and arrested Thomas, and
he spent the night in the station house.
Sunday morning he went back in company
with an officer, got some clean clothes and
washed and dressed himself. Then be
went down town, took several drinks. and
nothing that followed until he
woke up in the hospital and was told that
he "had fallen from building"
Lawyer Mcintyre moved that the case
against the boy st. Germaine be dismissed,
He said there was no DOUBT but that Thomas
vent to the house with weapon in hand
and broke in, chased the woman out into
The street, PUT pistol to Mrs. Bernier's
head and fired. The boy had perfect right
% take the mans life. Here is the evil
1ence of the fostering care of providence
over drunken men and children" exclaimed
The lawyer. IF there was any right or
Justice in the directing of this job, the man
would have been killed. They were less
han thirty feet apart, and vet Thomas
'nly got scalp wound. If the boy had done
than as he did there is not man
n Helena but would say he acted wrongs
County Attorney Nolan argued that under
he law 1t would be necessary to show that
he boy had reason to apprehend bodily
,arm to his mother. his sister. or himself.
+ it did not appear that st. Germaine wac
90 excited to know what he was doing, it
would show that the shooting was prompted
~ revengeful spirit on the part OF the
10Y.
Justice Sanders hold Thomas to answer
.efore the district court the charge of
hooting with intent to kill. "As for the
'oy," said the justice, 1.-THE question is
Vhether he was justified in his act. / am
Inclined to think that it would be Il forced
obstruction of the law to hold the bow for
nalicions assault. No jury would do it
nd will not"