The Anaconda standard., 1895-02-27
IN Mr.. J0HNS0N'S CASE
The Trial Yesterday Was Very Inter-
eStils
WHO TOUCHED THE TORCH
That Is the Question the Court and
Jury Are Trying Hard to Solve
Some Sensational Evil
denCe.

MIssoULA, Feb. .26-G. w. Reeves ap-
peared in the johnson TRIAL this morning
as special prosecutor in place of L. w.
Toole of Helena, who Withdrew from the
case yesterday. The state opened its case
this morning with the examination of
CHARLES Hawkes., owner of the building to
which Johnson is accused of setting fire.
Hawkes. proved n poor witness for the
state, being over-zealous in his testimony,
and Judge Woody was obliged to check
him in his anxiety to tell too much. Con
fine yourself to facts, Mr.. Hawkes." said
the judge. after particularly eager at
tempt on the part of the witness to over
dothe story. Mr.. Hawkes. has been inde-
fatigable since the fire in collecting evil
dence, and whatever case the state has is
largely due to his efforts. He rather
spoiled his work to-day by his earnestness
in telling his story and the general opinion
of the court room audience is that he
damaged, rather than strengthened, the
case against Johnson.
Three other witnesses were called be-
fore 3 o'clock this afternoon, when q re-
cess of 20 minutes was taken. These
were Messrs. Newton, Bond and Daily. the
last named being a partner of Johnston
when the Hawkes. case was originally
drawn. The evidence of these three wit
nesses did not add much to the case
against the accused, as the
first two were more or less
contradictory in their stories.
Mr.. Daily testified to the business
affairs of the firm of Johnson q Daily and
to his management of the stable, while he
was running it individually after the
partnership was dissolved and before
Johnson assumed the business. He said
IL. L. l.
one to make money out of the business
and that johnson had said tha there was
one way to cancel the lease if all others
failed and that was to burn the building.
No special importance was attached to
this remark, however, and it was not be-
lieved to have been made in earnest.
The court room was crowded to suffoca-
| ton to-day and the crowd listened quietly
and without demonstration to the stories
| told by the several witnesses. The only
| disturbance occurred when the audience
burst into a laugh as Colonel MarshaIrs
| crossquestioning got a witness into
mess that he couldn't get out of. This
was promptly checked, however, and the
trial progressed rapidly and smoothly.
S. L. Loughborough, the San Francisco
| travelling man who is believed to be the
| strongest witness that the state has, is in
tine city waiting to testify and his evidence
will be listened to with great interest.
The other witnesses examined to-day
were Newton Hyde, bus driver; Mike
Farrell, hack driver, and Lewis Bum
baugh. The testemony of Hyde was to
the effect that Johnson had made state
! ments before the fire regarding
the burning of the barn which
showed he would not regret it's
des ruction. Farrell told of coming in
late on the night of the fire and finding
Mcleod, another hack driver, who is
charged With being an accomphce of
Johnson, lying in bed all dressed aud that
Mcleod got up after Farrell came in and
then came to bed again before the fire
was discovered. Farrell is alleged to have
told a very different story from this some
| time ago. -rr