The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-22
YOUNG BROWN ON TRIAL
The Story Of the Shooting Of Homer
Hamilton
CHARLIE is STILL IN JAIL
The Testimony at the Inquest
Caused Judge Rockwell to
Hold MIN to the Dis
trict Court.
CHARLIE is STILL IN JAIL

tent to kill Homer II. Hamilton was had
before Judge Rockwell yesterday after
noon. The defendant was attended by
his parents and Col. L. O'Leary appeared
as Lis counsel.
Assistant County Attorney Winston
prosecuted the case and a big crowd
pushed against the railing and strained
their eyes and ears to observe the pro-
ceedings.
The first witness was Andrew Ander-
son, who resides about six miles above
Anaconda. He knew the defendant and
Homer Hamilton. The trouble between
them occurred, nc said, March IA. II
went down to see Hamilton near the
creek where he was loading wood. Ham,
ilton asked me to 60 for Brown. l sent n.
p. Peterson. +. q. Brown and Charlie
came down to the creek where we were
at work. In the afternoon when the
Browns came down, Hamilton asked 4.
u. Brown II tho land belonged TO him.
Brown said yes, and that he had the title
to it. Hamilton said that others told him
that he did not own the land and as soon
as he could go down to Deer Lodge he
would find out about it, and if Brown did
not own the land he, Hamilton, would.
lie said to Charlie: You're a bright
young man; you were down hero yester-
day for a shooting scrape.'
Charlie said: You're lying - -
-. l had no gun yesterday and l haint
got any to-day Hamilton was lifting on a
log, but he dropped 1t and Strengthened up.
Then he said: Don't pull gun on me-
to Charlie, and took two steps towards
him. Charlie stepped towards him.
Charlie SAID: If pull gun I'll shoot.
Hold! Then he fired.
Hamilton fell on his face with his arm
under his head. We thought he was dead
and turned him over to see where he was
shot. He was not dead and VIC carried
him into the cabin. Charlie said to Peter
son: You -- -, I'll shoot you
too" He handed his father his mttens
and then he went home. His father and
L went into the cabin. Afterwards Jensen
and l brought Hamilton to Anaconda.
When Hamilton and Charlie were talking,
Hamilton did not have anything in his
hand. He had just been lifting on a log
II feet long, inches across at the butt
and about inches at tie other end"
Cross examined: l was standing six or
eight feet behind Charlie, a little to the
left and l did not see his revover and
didn't know how big 1t was. n. p. Peter
son was behind Charlie, TO his right.
Charlie was facing the mountain. Hamil-
ton was about six feet from Charlie, and
when the shot was fired the gun was not
three feet from HamIlton's face.
Brown, the old man, was down there
the day before and said he would shoot
every - one of us ~ If we did
not go away from there. There were five
of us chopping wood. Brown called me
and told him l would be down as soon
as l finished cutting down three trees.
Brown did not wait but climbed the hill.
This was the day before the shooting.
Objection was made by Winston that
this days doings were immat erial. OBJ
lection was sustained as referring to +.
G.. Brown.
William Jensen then took the stand.
He sad: "HamIlton and | went after
wood up the canyon. Anderson told Ham,
ilton that L. e.. Brown had ordered him
off the land and said he would shoot every
man of them who did not 90. Hamilton
sent for Brown and when he came down,
Hamilton asked Mr.. Brown if it was his
land, and said he did not want any
trouble, he had paid him lots of money
and he wanted to get 1t back out of the
wood" The witness then detailed the
conversation between young Brown and
Hamilton, word for word as given by the
preceding witness, Anderson. After the
shooting Hamilton said Don't let the
boy get away" and Mr.. Brown said He
won't go away" Hamilton began the
conversation and said, "How about this
wood Mr.. Brown" Brown said, "I don't
want any of this green wood cut"
Hamilton asked if no owned the
land and Brown said he did.
Witness did not remember that any one
else present at the time said anything.
After the shot Peterson walked along to
the wagon, Charlie turned to him and
said: Peterson, you -, il you move
I'll shoot you" Witness admitted that
he had talked with Anderson and with
Hamilton about what was said at the
time of the affair since the shooting.
n. L. Peterson, employed by Hamilton
cutting wood, was the next witness sum-
moned. He corroborated the preceding
witnesses in every detail and most of the
words of the conversation. Witness said
that il was L. q. Brown who said he had
not had gun the day before, and not
Charlie. When Hamilton started to-
wards Charlie, Charlie unbuttoned his
macknaw jacket and took off his gloves.
Charlie said ''stop," and Hamilton
stopped.
"They we're six feet apart by their feet
and about three feet between Hamilton
and the pistol. Charlie stepped back and
said to me: IF you move I'll shoot you.'
was too excited to notice If he said Mr..
Peterson or called me names.
The defendant, Charles A. Brown. took
the stand. He testified as follows: II live
at the ranch with my parents, ,and was 16
years of age last February. When papa
came homo on the night of the 18th he
said lie came near having fight with
the Swedes near the smelter. They were
cutting green wood in tho timber, ana he
had ordered them off and they threatened
TO cut him in two with an axe. He said ho
never carried a gun but he wished he had
had one. The next morning father asked
INC 10 &c uoNh 10 tne SiueiteT Win MIN
he said there were several of them, and
wished he had a gun, but there was none
except the rifle and he did not want to
take that. | asked man who works for
us to lend me his gun, and l went down
TO the smelter with HIM. We were there
most of the morning and in the afternoon
when Mr.. Petersen came for papa he said
that Mr. Hamilton was there and had not
time to come up to the ranch, and that he
wanted him to come down. | wanted two
of the men TO go down with him.
Papa told Hamilton that his men were
cutting green timber, and the agreement
was that they should take only the dead
wood. Hamilton asked If this was his
land. and papa told HIM il was, and lie
said he could show him the stakes. Ham
ilton said he had paid n whole lot Of
money for the privilege OF cutting wood
and the right of way, and ne intended 10
cut all the wood he pleased. He said he
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