The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-25
IN JUDGE CLANCY'S COURT
Nelson and Herrison on Trial for
Murderous Assault.
JUMPED ON THE ATTORNEY
MIR. Connolly Warmly Resented the Ac-
cusation of the Court That He Was
Derelict in His Duty-Several
Witnesses Examined.

Gus Nelson and Martin Herrison, the
two men charged with committing the
brutal and murderous assault on Gus
Johnson on the evening of the 9th of
last December, We're on trial before a
jury in Judge Clancy's court .yester-
day. Attorneys McClernan and Fore
| stelie appeared for the defendants and
the prosecution was conducted by C.
| +. Connolly, the chief deputy county
attorney.
Aside from the story of the brutal
crime. interest in the proceedings yes
| terday was aroused by the frequency
with which the judge took occasion to
i jump on the prosecuting attorney.
| he criticised his method of conducting
the case and reproved him because he
discovered new witnesses and asked
] permission to indorse their names on
| the information. after the case had
gone to trial: he reproached him for
desiring a few moments to talk to the
/ new witnesses before putting them on
| the stand, and blamed him because the
/ sheriff had failed to secure the service
! OF subpoena on another witness who
/ had left town.
| Mr.. Connolly took it all patiently I'M
! til the court accused him of dereliction
/ of duty, and then he resented it and
| took exceptions TO the remarks of the
| court and reminded him that he was
practically alone in the conduct of
matters for the state in the district
court during the illness of Mr.. STAPLE
ton, and that he was constantly on
duty IN the court room from the un-
seasonable hour of o'clock in the
morning until O'clock in the after
noon. and that in the limited time al
lowed him by the court he was doing
the best he could and did not care to
a n y Gin h
acts and motives.
Gus Johnson the man who was so
| nearly murdered by his assailants, was
the first witness examined after Jury
had been selected. He testified tina. he
was shift boss at the Parrot smelter
He had known Herrison for nine wears
and Nelson about two and IL half years
He had married Herrison's divorced
wife. On the night of Dec. he left
the smeiter about 5:15 o'clock to go
home, and on his way was assaulted
from behind by some one who struck
him over the head. The first blow q ID
not stun him. and he turned about and
saw Herrison and Nelson. He attempt
cd TO Jump across ditch to get away
from them, when he received another
blow. which broke his skull and rem
dered him unconscious and he knew
nothing more until he regainea his
senses in the hospital several days
later. He was in the hospital three
weeks and part of his skull was re-
moved
M. r. Broebstel testified that he saw
both Herrison and Nelson near tha
Montana Central yards, in the vicinity
of the assault on the evening of Dec 0
about a:15 O'Clock. His attention was
called To them because the larger of the
Two, Nelson. man over six feet tall /
was gesticulating with his fists IN a
belligerent manner. as il uuarreling
RToobStpi at do,
county jail and picked out the two men
from among number of prisoners
DIR. Schultz testified that he saw the /
wounded man after he had been |
brought to the city Jail His head was
badly beaten and he was in a serious I
condition.
John j. Dougherty, police officer, |
testified that he arrested Herrson a |
couple of hours after the assault and |
Herrison told him he knew nothing |
about the assault before he had been +
informed as to why he had been ar
rested.
Otto Johnson, brother of the prose-
cutting witness, testified that he saw his
brother leave the Parrot smelter be-
tween and $50 O'Clock on the evening
of the assault. About GAO o'clock he /
heard of the assault and went to the
city JAIL where he saw his brother, and
the latter told him who assaulted him
The court ruled the testimony out as
improper. The witness said his brother
became unconscious and did not regain
his senses until two days after
CITY Detective Murphy. who arrested
Nelson. testified that the injured man
told his brother who assaulted him and
on that information the two defendants
were arrested.
George Tompkins. a 14-year-od wit
ness. was brought into court on an at
tachment and was fined So for not being
on time. He testified that on the even
ing of the assault he was going skat-
ing on the Parrot pond and met the
defendant Nelson, who ran past him.
going in the direction of the Parrot
smelter He did not see the mans face.
but identified him by his unusual
height At the request of Mr.. Con-
molly Nelson stood up.
is that the man you saw that
night?' asked Mr.. Connolly
Yes, sir answered the witness.
DIR. Wells, who treated johnson and
dressed his wounds. testified that the
man remained unconscious for several
days. The doctor was surprised that
Johnson ever recovered, as his injury
was very severe. He remained in the
hospital three or four weeks and was at
tended by the doctor several weeks
longer.
Mr.. Connolly announced that he had
no more testimony to offer except that
OF witness named Charles E. Wright
upon whom the sheriff had not secured
the service of a subpoena. He learned
that Wright was in Basin, but that
Snowledge did not come to him until
clock yesterday morning, when the
sheriff made return on the subpoena.