The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-24
SARAH DAYS TROUBLE
She Says 6chaban Threw Her
Over the Bannister.
SHE HAD ROASTED HIM
Schaban Says She Was the AegreseoI
Throughout-The Case Brings to b
Surface Some Strange Ailega-
tions-Case Dismissed.

The trial In Justice Traps court yes
terday OF Ed. Schaban. alias Ed Charbono.
the East Park street blacksmith who was
arrested a few days ago charged with as
sault in the third degree for an alleged
assault on Mrs. Sarah Daily. turned out a
sensational affair. Peter Nadeau runs a
boarding house at 47e East Park street.
and In the rear onducts a blacksmith
shop. where the defendant is employed.
hab boards with Nadeau and up to
the time of the alleged assault on May II,
Mrs. Daily was employed as a domestic
in the boarding house. According to her
story she caught schaban in the commits
sion OF a henious orense. and when she
accused him he threw her over a bannis-
ter at the rear of the boarding house to
the ground. a fall of six or eight feet. For
this she had him arrested and the trial
came up yesterday. with Deputy County
Attorney Yancey prosecuting the case and
Attorney r.. l.. Clinton conducting the de-
Tense. The whole Latin quarter had taken
sides with the defendant and the court
room was with Frenchmen. The
witnesses for the prosecution were all of
that race with the exception of the pros
ecutrix. and by their testimony fatty con-
tradicted Mrs. Days statement, making
IL appear that she. an old woman, was the
aggressor and was the cause OF her own
injuries, instead of the defendant having
thrown her over the ~bannister. At the
conclusion Of the taking of the states tes-
timony the case was dismissed.
Mrs. DAILY sprung the sensation in the
case when she was called to the stand as
the first witness. She said she was en-
ployed as a domestic at the Nadeau
boarding house. On the day mentioned In
the complaint. May IL. she caught the
defendant In the act of committing an
unnamable crime In the blacksmith shop
with a woman known as Pocatello. When
Schaban came to dinner she called him a
dirty brute" and told him he was not fit
to sit at table with human beings. He re-
piled. calling her vile names. at which she
rushed at him and struck him In the face.
The encounter occurred on a veranda at
the rear of the boarding house, and the
defendant caught hold of her and threw
her over to the bannister to the ground, a
distance of six or eight feet. She was
badly injured and was confined TO a hos
pital for a week. She exhioited a big cut
on her head and other bruises she had
received In the fall.
Mrs. Mary Nadeau testified she had
known Schaban seven years. He had
boarded at her house most of that time.
She did not see the alleged assault and
did not order him out of the dining room.
She had never heard of him conducting
himself improperly.
Peter Johns saw the trouble between
the defendant and Mrs. DAILY. He said
when the fight started Mrs. DAILY caught
the defendant by the arm and turned
him around. He then grabbed her and
threw her over the bannister. Schaban
went over the bannister also, and they
struck together or the ground.
Dave Roberts testified that the defend
ant ran out of the house and Mrs. DAILY
ran out after him. She caught him and
struck him two or three times I'm the face.
They scuffied and went over the bannister.
According TO Roberts view. Mrs. Day,
who is an old lady. was the aggressor
throughout and Schaban was only defend
ing himself.
Jacob White and Schaban went up to
the Nadeau together to Inner. Mrs. DAILY
met them at the door. and addressing
Schaban. said: You dirty dog" She kept
villifying Schaban and finally assaulted
him, striking him in the face. During the
scufie they went over the bannister to-
gether. The defendant was not the az
gressor at any time.
Joseph Fay, another boarder at the Ma
deau boarding house. said Mrs. Daily
commenced abusing the defendant In the
dining room and followed him out. strik-
ing him In the face. Instead of the de-
PENDANT throwing her over the bannister
she threw him over and then lost her
balance and followed him. Witness picked
her up and carried her in the house.
The state closed and the court sustained
a motion OF the defense to dismiss.