The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-20


shot fred and going to the door he saw
Mr.. Carroll standing In his door. oppo-
site. He remarked some one had been
shot and together they went to Nichol-
sons cabin They went around to the
back door and met Nicholson as they
went in. Nicholson demanded to know
who they were and Carroll informed
him. Nicholson. ON being asked the
trouble. said he shot a man. At Mich
olson's request. witness n q man
named Booth went out and carried VIII
son into the cabin. In speaking OF the
shooting. Nicholson said he was sorry.
but he was forced to shoot. Wilson said
nothing. so far as the witness could re-
member. except hat he kept calling for
some one by the name of Barker or
Parker. n asked to have the person
told he was shot and dying.
Cross-examined. the witness said he
had eve seen Wilson in the locality
before.
william J.. Booth. who lived with
the defendant. related the circum-
stances of the shooting and those
leading UP to II. He was aroused by
hearing Nicholson get up. He asked
what was h matter and Nicholson
aid some n was kicking in the front
door Of Mrs. Donoghue's cabin. Wit
ness heard the words. "Open the door.
or I'll kick IL In" A moment later a
knock came at the back door and Mich
olson went to the door. Mrs. Donoghue
asked hin to come over. that Wilson
was there. and she was afraid OF him.
Nicholson told her to come into his cab
In and she did. Nicholson then went
to his o COR and asked Wilson
what he was doing. He replied by ask
ing. what is IN TO yOu9"
Nicholson replied: Nothing. but 1
want you to go away and let that wo-
man alone and not come around here
and disturb us at this time OF night"
Wilson came over to the house and
started TO come In. Nicholson warned
him not to come In. but he did. After
warning him three times. Nicholson FIR
ed. Witness did not see Nicholson get
his gun and was surprised when he
heard the shot. Wilson jumped put of
the door when the hot was fred and
Nicholson remarked he guessed he did
not hit him and told witness to watch
the back door, as Wilson might come
i'm. and II he did. would kill them all
How could o tell Wilson was in
the house. If it was dark" Mr.. Connolly
asked, and the witness said because he
stood within four feet of him. Wilson
advanced. the witness said. toward
Nicholson in a threatening with
his hands up like a prize fighter and
was -four or fve feet inside the door.
Witness also took a and in warning
Wilson, and before he got in, said:
Now, be a man. Jim, don't come In"
Witness did not know where Nicholson
kept his gun. but knew he had one.
Cross-examined by Mr.. Lamb. the
witness said Nicholson had told him
Wilson had threatened to come down
and do him up. Witness knew the de-
PENDANTS physical condition m did not
regard him as a strong man. He had
been treated by a physician during the
summer. Mr.. Connolly objected. The
objection vas overruled. Witness new
Wilson. He was a powerful man. Mich
olson owned the property where the
shooting occurred, and also that where
Mrs. Donoghue lived.
The state rested n the defense OPEN
ed by calling Mrs. Kate Donoghue. who
repeated the testimony she gave at the
%coroner's inquest, without deviation.
Wilson came to her door. She was in
bed and refused to let him in. He
threatened to kick In the door. She
ran to Nicholson's house for protec-
ton. Wilson came to Nicholson's cabin
and witness heard Nicholson warn him
away, telling him IL he did not go away
he would put a bullet through him.
Nicholson shut the door and handed
the gun to Booth after the shot. He
then got the axe. toll witness to put out
the light. saying II Wilson had a gun
he could see better to shoot IL the light
was burning. Nicholson then went to
the front door and looked through the
glass and remarked 1t looked as though
II was all on with Wilson. Witness then
left and got her children and went to
the house OF Mr.. Carroll. across the
way.
Witness said Mrs. l.. NJ. Wing a
previously told her she had said to Will
son that he must not GO to Mrs. DON
oghue's cabin n make trouble for her
while she lived in Nicholson's cabin.
Wilson had replied he would go. n IL
Nicholson interfered. he would throw
him out of his own cabin. Witness had
communicated this threat TO Nicholson.
The latter had replied ne was not afraid
of him.
Ex-Chief of Police F.. ]. Carroll was
next called. He had Just gone to bed
when he heard some one across the
street. say: open the door. or I'll
break II n" Later ne heard the on
versation between Nicholson and WIZ
son and the shot. He went to the cabin
with Mcfarland. His account of what
happened thereafter corresponding with
of Mcfarland. Witness ac-
Nicholson to the Jail. Mich
olson told the witness on h way that
was sorry. put he had to shoot. as
II Wilson had got inside he would have
killed him. Nicholson. Witness knew
reputation was that OF a bad
when Trunk. He knew Nichol-
sons reputation to be good. witness
said Nicholson once asked him to come
over IL he ever saw Wilson come when
ne was alone.
TT ~ NlAg NUa Ra1Iad and faGftAa6