The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-10-31
DEMERS ON TRIAL
+ r. ~! Murder for the killing OF
" "'iwor,h near Red Lodge
July 10Th.
VERDICT OF NOT G1ury "

II lie case OF the State of Nontans
against Hodfrey Demers was begun ir
/ mo '''s'r'ct court Tuesday morning
Inc Information in the case. filed by
ooun'! Attorney JOY, charges Demers
IS wlth murder for the killing of James r
s l''lworth on the 10th day of july last
- VIII oe remembered that on that date
e De'ners' accompanied by Lee Ferguson,
: suffered upon piece of land upon which
lie iao previously filed as homestead
3 portlon OF which was included within
: the enclosure of J. r. Dilworth-witb
the alleged purpose of cutting hav: that
, Dllworth' upon hearing of his appear
ance there for that purpose, mounted
r his horse and rode over to wbaro Dom.rs
had camped' when the fatal shooting oc.
Cured.
when the case was called A. J. Camn-
| bell and John 7. Smith appeared for de-
fendant' and County Attorney ARROW
announced that Judge y. W. Mcconnell
OF Helena would assist in the nrosecu-
''oh' counsel for the defense objected
TO the appearance of Judge Mcconnell
} IN the case on the ground that an at
torney employed by private parties is
barred from assisting the prosecution.
Ihe objection was overruled and excep-
ton taken to the decision by ATTORNEYS
for the defense. The remainder of the
forenoon was consumed in securing a
jury. The regular panel was exhausted
and special venire for fifteen talesmen
issued before the jury. composed of the
following, was secured: j. II. Smith. J.
Clark, j. Carroll, r. Livingston. w T.
Thompson, j. F. Wittich C. C. Fifeld.
IL. W. Bingham, George W. Cook, w. s.
Dixon, +. Parker and P. Tierney.
The jury having been empanel]ed and
sworn the witnesses for the prosecution,
about twenty in number, were called to
be sworn. A number of these persons
were objected to by the defense for the
reason that their names we're not en-
dorsed upon the information prior to the
commencement of the case. This point
was stubbornly contended for by coun-
sci for defendant and argued at length
by the attorneys on both sides, but the
objection was finally overruled and en-
ception taken by defendants counsel.
The attorneys for the state then made
an exhaustive statement of the case,
preparatory to introducing it's witnesses.
This closed the first days proceedings
and an adjournment was taken until
Wednesday morning.
When court convened Wednesday at
10 a. m. the court room was filled. owing
to the unusual importance attached to
the case. Among the audience we're
number of ladies', who remained
throughout greater portion of the day
interested spectators and close listeners
to the evidence introduced.
The first witness for the prosecution
was James Warner He was in the en-
ploy of Dllworth and but a short dis
tance away at the time of the shooting.
His testimony was to the effect that he
was moving when he saw Dilworth rid
ing towards Demers, and shortly after
wards, as he was turning the team at
the corner Of the meadow, he heard two
shots; that when he turned he saw
smoke and saw Dilworth's 8 horse plung-
ing and running away; saw the horse
was without rider and went over to
where he had last seen Dilworth and
found him lying upon his left side, face
downwards: that about this time George
Dilworth. son of the deceased, came up
and they turned the body over and saw
that Dilworth had been shot in the left
breast, just below the collar bone, the
bullet coming out at the top of the
shoulder. He was unconscious, and
George Dilworth and witness went over
to the moving machine, unhitched the
horses and attaching them to lumber
wagon, put the body into it and took it
to the house. On cross examination
witness testified to the finding of re-
volver several days after the killing near
where Dilworth was picked up.
Samuel Taggart was the next witness
called. He testified to having had talk
with Demers before Dilworth was killed,
while travelling upon the train at the
time Demers came to this city to file |
upon the land, in which Demers said:
IF Dilworth makes the same break on
me that he did on you | will kill him.
Afterwards had another conversation
with Demers when he made the same |
remark again. Cross-examined, he
stated that the break Dilworth made
upon him was about land he had filed
on. Dlworth called him son of a b
and sneak; made no break on nae, but
took hatchet in his hand and said he
would brain Mr.. Drinkhorn.
Frederick Hess testified that he
pointed out the corners of Demers' claim
at his request; Demers said that if it |
was vacant land he would take it up if |
it cost him his life. He also saw pistol
picked up after Dilworth was killed; it
was Colts revolver; all chambers were
loaded: Mr.. Joy picked up the revolver
and handed it to Mr.. Hunter.
S. c.. Hunter was called and stated
that he was at the Dilworth ranch, with
others, about July 18th; there were four
persons present, Hess, Joy, Hunter and
one other; while looking over the ground
where Dilworth was killed revolver
was found. all decided that witness
should keep it, which he had ever since
done. The revolver was then produced
by witness, who stated that Joy told
those present when it was found to keep
the matter quiet until the trial.
Adaline L. Dilworth testified that de-
ceased was her husband; that she was
at home when he was killed; knew Jack
son; he was present at our house when
my husbands body was brought home
the day he was killed. Witness recog,,
nized the revolver scabbard introduced
in evidence as the one worn by her hus- e
band the day he was killed. =
George DiIworth, son OF the deceased \
testified that he saw his father short e
distance from Demers; he was rak!ng +
hay At the time, and as he was turning !
his team heard a shot fired. He turned +
aronnd and saw his father on horse, u
and the horse circlipg around and run y
,;np away. His father soon after fell. i
witness also identified the scabbard and =
.evolver in evidence as those OF his q
Drs RI. W. Foster and G. L. Hogan Of -
3ozaman we're then called to give ex- ="
,ert evidence, the object of which was "
= show that from the nature Of the a
vomnd and the course of the bullet it ct
80. hovo haen fred a considerable il