The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-13
BENHAM'S BAD LUCK
BE Once Owned q Butcher Shop and
Was Prosperous.
THE CHARGE AGAINST HIM
On the Stand He TestIfies With
Tears In His Eyes-His Attor-
ney Making a Very Hard
Fight for Him.

-
court yesterday morning, with Fred
Gaunier, of Elk Park. on the witness
stand. He testified that he saw Will
liam Hughes missing cattle on Bob
Rand's place and notified Hughes of 1t,
but by the time the latter got there
the cattle had been removed. Gaunier
did not know what became of the cat
tie.
Con Kelly, a young man who had
been in the employ of Mr.. Hughes, tes-
titled about branding the cattle and on
cross-examination Mr.. Haldorn took
another lesson in the art OF cattle
branding and wanted to know IL the
animal. when the hot iron was applied,
did not jump around so that the horse
shoe, used as a brand, would slip
around and form a &c" or blur the
brand altogether, but Kelly said that
never happened, because the cattle
were fastened too securely.
j. A. Bartlett, dairyman, gave
further illustrations in branding and
used Judge Wines as a subject, ana
applied the brand to his shoulder.
Eugene Benjamin of Woodville, testi-
fed that on the 18th of September he
saw band of Hughes cattle in a can
yon near Woodville, coming toward
Butte. There were 35 or 40 head OF cat
tie in the bunch.
WHO was with the catttle?" asked
Mr.. Booth.
Benjamin said he knew Mr.. Benham
well, but II was about dusk when he
passed him in the canyon.
ct said to him, How are you, Ben
ham, but he did not answer. and L
thought, perhaps, / was mistaken"
WHO was 1t you met at that timer"
asked Mr.. Booth.
TT was Benham."
what was he doing?"
HE was riding by the cattle"
Benjamin said he was sure 1t was
Benham, because he knew him well,
and knew the horse he was riding, and
knew him by the clothes he wore.
"You are a friend of Mr.. Hughes. are
you not?" asked Mr.. Haldorn on cross
examination.
and when I don't meet him / don't
speak to him."
"Who told you 1t was on the 10Th of
September that you saw Mr.. Ben
ham,"
1T told myself"
did you keep memorandum"
Mr. Booth made an objection to one
of Mr.. Haldorn's questions, and the
latter said. with one of his side re-
marks: 1T don't think the witness
needs any. help after he has been APP
Mr.. Wines was on his feet in an in
slant and objected to the language of
Mr.. Haldorn and asked the court TO
warn him not to repeat 1t, and the
court mildly requested him not to do IT.
A few minutes later the court sustain
ed an objection TO another of Mr.. Hal
dorn's questions and the latter made
some sarcastic remark about 1t.
1T desire to say. Mr.. Haldorn," said
the court, that when the court rules
- al arNr. at n
GRAFTON from counsel. and we will have
no sarcastic remarks"
Mr.. Haldorn explained that he in
tended the remark for Mr.. Booth and
apologized to the court.
The witness said IL was between $50
and o'clock on Thursday. Sept 10
that he saw Benham. and Mr.. Haldorr
tried to have him fix the exact hour.
You can fix It yourself" said the
witness, 81 can't"
Mr.. Haldorn wanted to know tho
time of day the witness arrived al
woodville.
IF knew the time / was at Wood
vile / would know the time / wa:
there" was the reply, and the attorney
dropped the witness.
Mrs. Newgardt of Woodville testified
that she knew Benham. On the even
ing of Sept. 10 she went in search o.
her cows and met Benham in front o.
the Woodville postoffice driving a bant
of cattle toward Butte. She said sh'
was not mistaken I'm the identity of the
man, because she passed within eigh
feet OF him. There were lot of polleC
Angus cattle In the bunch, such as Mr.
Hughes lost. Mrs. Newgardt formerl,
lived in Butte and Mr.. Benham used Il
deliver meat at her house. She neve
knew his name. but was not mistaken
in the man.
On cross-examination by Mr.. Hal
born the defendant nodded his head
whenever the witness said something
that he thought was right
Mr. Benham." said the court. ct I:
not necessary for you to nod to thi:
witness when he says something thai
seems to suit you"
Mr.. Haldorn tried 10 have Mrs. New.
gardt say that she was not certain
that she saw Benham with the cattl,
on Sep. 10. and explained to tn.
court that he tried TO show that sh,
was mistaken In the date. He said tn,
facts were that Benham did drive
band of cattle through woodville, bu
IL was not on that day and they wer'
not Hughes cattle. Mrs. Newgardt
however. said she was certain of tn,
date and fixed IL by the fact that Mr.
Sutherland. the Woodville postmaster
died suddenly and under peculiar cir
cumstances the next day and the fac
impressed itself on her mind. Othe
witnesses fixed the date by the sam
circumstance.
Charles Johnson, a brother of Mrs
Newgardt. testified that he was wit
her when they met Benham and an
other man driving a bunch of cattle
johnson walked across the court roor
and pointed Benham out as one of tn
two men.
Sampson jackson testified that dur
ing last September he worked in LOU
Kipp's slaughter house. Benham di
his slaughtering at Kipp's place. an
on or about Sept. p Benhar
brought about II head of cattle to III
slaughter house and killed them. Som
OF the cattle were polled Angus an
were branded with a horseshoe on n
right hip. After killing the cattle II
hides were taken away and the be-
was taken later. Benham also kills