The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-15

contradicted by unimpeachable wit
nesses. a. well as denied by the re-
~spondents.
The story told by Bacher of the
respondents and Mr.. Cavanaugh com
ing down to his house n night and
handing him a new revolver and re-
questing him to 60 out and discharge
il, and his going about three-quarters
of a mile out of town on a rainy night
and crawling into an underground hole
or excavation of some III and there
shooting of this pistol. and afterward.
upon his return, putting IL into the
stove oven to remove the smell OF
powder, is in itself absurd and incred-
ieble, but fortunately we are not left
TO rely upon the absurdity OF the
story; Mr.. Cavanaugh. himself a wilt
ness for the state. positively gives the
lie to the Bachers I'm al particulars.
No such thing ever occurred. Mr.. Cav
anaugh's testimony IL unimpeached
and unimpeachable, as appears from the
showing made concerning him by the
state In this very case. The story told
by the Bachers about the other pistols
said to have been brought to their
house by the respondent. Mr.. Booth. Is
also c~ontradicted by NJ C~avanaugh,
as we'll as by the respondents them
selves. On all the important points OF
the case the Bachers and Eva Smith
are fatty contradicted by witnesses on
the part of the state. as well as those
on the part of the defendants.
The possession and use Of the sew
eral pistols borrowed by Mr.. Booth
are fully accounted for and explained,
and the explanation excludes the posi-
bility Of an improper use OF these pis-
tolls. Rose. who loaned some OF the
pistols to Mr.. Booth, admitted having
made a mistake in the description of
the last pistol loaned to Mr.. Booth. as
| given in his afidavit. The similarity
between this pistol and that in the pos
session of the county attorney Is such
that the mistake is easily accounted
for. We submit that the mistake Is
clearly proven. The last pistol bor-
rowed by Mr.. Booth. and said to have
been the one produced in court, was
produced before the referee by NJ.
Booth and was not used at all upon
the Shafer trial.
The statement OF Eva Smith that,
during the Shafer trial. n during the
noon recess, she went up to the office
of Mr.. Booth and that the latter sent
out for a luncheon for her, n during
the recess coached her rs to what she
was to testify to in court, are positive
ly c~ontradicted by Mr.. Cavanaugh, as
we'll as by Mr.. Booth. The testimony
of Mr.. Noon also shows that there was
no subornation of this witness, or any
coaching to induce her to give false
testimony.
"As to the disappearance of the
blood marks from the revolver put in
evidence by the state in the Shafer
case. Mr.. Connolly himself admits. in
effect, tina there is nothing upon
which to base any imputation against
Mr.. Booth. He had no interest in wip-
ing them out. The presence of blood
marks upon the pistol would have
given support to the theory of the de-
tense, and there Is nc testimony what
ever to justify a charge or in%sinuation
that Mr.. Booth had anything to dc
with the disappearance of the blood
marks, nor is IL shown that the bio ID
did not simply dry up n fall Off. OF
that IL was rubbed Off.
After Bacher's arrest for perjury
Mr.. Wines was requested by Bacher's
wife to appear for him. Mr.. Vim de.
clined to do so. Mrs. Bacher threat
ened tina unless the respondents go
Bacher out of his trouble or furnished
a bond for him and allowed him tC
leave the country she would implicats
them, yet they refused to do what sh,
requested of them or to take any par
In the Bacher case. Such was not the
conduct of accomplices or suborners
If they had been guilty they would
have FASTENED to Bacher's aid. TIL,
fact that they did not do so. even n
the presence of threats. is convincing
proof of their innocence.
The motive of the charges made b,
the Bachers and Eva Smith agains
these respondents is clear. Bache'
was under arrest and expected to b,
taken to the state of Washington 70
trial for perjury. Eva Smith was als'
under arrest for perjury. Mrs. Bachs'
herself was arrested as an accomplice
To save themselves from prosecution
and obtain the benefit of the offers o
Immunity made to them they concocte'
these charges against the respondents
They had full opportunity to do so
The Bachers and Eva Smith have beef
released and allowed to go scot-free.
The charge relative to the testimon.
of AL Ford failed to receive any sup
port whatever from the testimony.
The defendants. In their testimony
have fully disproved the charges mad
against them"
1t Is not yet known whether Attorne.
General Nolan will submit a brief o
not, but likely will not. Under instruc
tons from the supreme court Refere
Campbell will make both findings o
facts and conclusions OF law and prac
tically decide the case.