The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-11

" as ~ az
ter Of the evidence, and after the trial
started an investigation. The defend
ants learned of 1t and Immediately
! called on the woman Gabrielle and on
Bacher and his wife and told them
that any divulging of the facts would
result in direful consequences to them
selves. In concluding his statement ,
Mr. Nolan said it would be shown by
~indisputable proofs that the laws OF
! the state had been grossly violated. and
he expected that the jury would have
no hesitancy In dealing with the de-
ferdants as the. law required.
James w. Bacher was then brought
from Jail and put on the witness stand.
What is your manner inquired Mr..
Nolan.
James w. Bacher."
How old are your"
"Thirty-two."
How long have you lived in Mon
tana
ION ana on since 1892"
"Where did you come from when you
came to Butte"
"St. Paul"
The witness SAT- he was q boiler
maker by occupation n a married
man, with a wife residing in Butte. He
came to Butte the last time the latter
part of August. and. after his wife
came they lived at 1o6 South Idaho
street.
How Ions have you known these de-
fendants?"
II had been here only a couple of
days when / met Mr.. Booth. l met
Nj. Wines a few days later"
do you know whether was
dead at the time"
He was"
The witness said he had been look
ing for Booth: had called at his office
and had been informed that he would
find him at the Kentucky liquor store.
The witness found him there and the
two went to the Jail together to see
Shafer.
How long have you known Shafer?'
Since 1890. i met him in Spokane"
Bacher said he told Wines and Booth
that he could assist Shafer financially
IN the trial, and after that he saw the
attorneys quite at DIS own
house and at their offices.
you are the gentleman who ma lie a
deposition in that case under the name
OF Ed Laney, are you not?'
Yes, sir"
us hat your signature?" inquired
Mr.. Nolan, submitting the name signed
to the deposition
Yes, sir"
Where was this d. position nader"
5 AT Seattle"
"When?"
II think 1t was on Monday. Nov. ?,
1897"
How came you to go to Seattle and
give a deposition as Ed Laney when
your name is James w. Bacherg'
Mr.. callo objected to the question
OIL the ground thai 1t was incompetent.
/ as the deposition was itself not yet IN
/ evidence. The first thing TO do Us to
prove the deposition. The court sus-
/ taiped the objection.
: Ibid you in the month of October
49,. .-xy . tim with the de-
: ferdants relative to testimony you
!. should give in the shafer case?"
Yes, sir"
: "When?"
5 IT think 1t was on the 18th or the
26th."
0 WAS that the first time you had any
conversation with them with reference
4 TO your appearance as a witness in the
( case?"
e Yes, sir"
where was this conversation heidi
AT my house"
AT what time of day."
I'm the evening""
e who were present."
z Mr.. Wines, Mr.. Booth, my wife AM
myself"
In relating the nature Of the CONVEX
e sat.on the witness said the defense was
4 outlined by Messrs. Boot and Wines,
wines says to me-" said the WI
. DeA. Jlll. MA > AfIV Ii1othta "Asa
going and making the deposition? HI
sai6 there was no such a thing as per.
4 iury in the state OF Montana, n said
no one had ever been prosecuted FOL
n perjury in this state. ! took the mat
n ter under consideration"
d Was Mr.. Booth present."
k Yes, and my wife also"
e The witness said Wine n Bootf
d offered to pay his expenses to Seattl'
and back and said they would take !
Il out of the fees he would pay them.
II told them / would let them know
d the next morning, and that evening
n talked to my wife about It,"
.When did YOU next see these gentle
mem"
fce?"
Is "who was present."
81 Eva Smith was there when / mrs
went n"
r. what conversation did you hav
r. there?"
.aThe anal arrangements were mad
for me to 20 to Scatter"
r What were those nal arrange
ments?'
n They had typewriter interrogation
drawn up, and Mr.. Wines and Nj
,e Booth dictated to me how they shout
re ebe answered"
4. What was done in reference to tn
interrogatories?"
ID They were read OF and answers WEI
suggested to them by first one and the
,e the other"
AZ Were the answers as dictated base
er on your knowledge OF the factsY"
a. mo, sir: they were all suggested"
What have you to say as TO tn
ID knowledge of these gentlemen as to vol
r presence in Butte at the time OF n
e. murder Of Hawkinsy"
They knew / was not here
ID Bacher said the arrangements for n
f. trip to Seattle were completed n !
D. went there and made the deposition II
m troduced in the Shafer case. This stat
10 ment was ruled out as being an attend
"a TO prove the deposition without intr'
+ ducing the deposition itself. The wi
Of ness. continuing his testimony. 81
he Booth gave him $50 TO a his expens'