The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-14
Two Cases Of Assault in the
Third Degree.
PELTEO HIM WITH ROCKS
A Chinese Psddlsr Forced to Play tho
Part Of the Spanish Army While
the Youngsters Had Fun
With Him.

iy WCrC lIlCo M SbstlCC aluCau =
court yesterday afternoon. In one the
Chinaman was the complaining wit
ness. and in the other a brother Mon
golian WAS the defendant. In both the
defendant was found guilty. The first
case was one in which Lin Mon, a
Chinese vegetable pedler. had been
compelled very much against his will
to represent the Spanish army while a
gang Of boys who played they were the
American forces. pelted him with rocks.
From the Chinaman's appearance in
court the American army had been
pretty nearly as successful as was
Commodore Dewey. and his counte-
looked a. though the rapid-fre
guns Of the Americans had been used
with quite as remarkable effectiveness
as were those In the hands Of COM
modore Dewey's gunners. The battle
occurred last Sunday. and Thomas
Masterson and Ernest Elk. two lads
ed and charged with assault In the
third degree. The case was prosecut-
ed by Deputy Prosecutor Dan Yancy
and I. c. Bachelor. the latter appear
ing as special prosecutor for the Chin
aman, and L. A. Smith appeared for
the defense.
When the CASE was called Mr.. Yancy
stated that he had no case against the
Mastsrson boy, and asked hat the
case against, him be dismissed. Such al
order was made. and the case against
the Elk boy was taken up. The Mas
terson boy was called as the first wit
ness. He said a lot of boys were throw
ing stones, but he did not see h hit
the Chinaman. Oliver Penny. anoth-
er boy. told h same story.
The defendant took the stand and ad-
mitted he threw stones at the him
man. Is several other boys did. but said
he did not know whose rock o ef-
feet on the Chinaman's eye.
James Cassidy was called to testify
for the defense He said he saw 500
boys who were simply raising the devil.
The Chinaman represented the Span
ish army, and the boys were all Ameri-
cans. They had a kettle for q drum,
and carried an American flag. When
the Chinaman came along the Ameri-
can forces charged the enemy. be-
lieve there were a thousand boys In the
gang" The people in the court room
smiled, and the witness insisted II there
were not a thousand boys. II looked as
II there were. Continuing, the wit
ness said: There were 500 rocks
thrown at the Chinaman, and the
whole gang Of boys are guilty" The
witness left the stand amid a round of
laughter.
Lawyer Smith had himself sworn. and
testified that he had gone with his cli-
ent to the home of the Penny boy, who
had stated that It vas the Masterson
bay who had thrown the rock that
struck Lin Mon In the eye.
Moses Penny, the boys father. was
called by the prosecution. and said he
was present when Lawyer Smith ques-
toned his boy, and denied h boy had
made the statement Lawyer Smith at
tributed to him..
In the argument. Mr.. Yaney scored
the boy rather severely, saying he
looked like a bad boy. and Mr.. Smith
in replying accused the prosecution OF
trying to put all the onus on his client
the other boys were well dressed. He
appealed to the court for sympathy for
the boy. Judge Laurandeau pro-
nounced the defendant guilty. and At
torney Smith gave notice of appeal, and
filed q bond in the sum OF 500.
The second case was hat In which a
Chinaman named Lee Thong was ac-
oused of setting a vicious dog on a boy
named William Ogle, on the 22d OF last
October. As the Chinaman had never
been apprehended. the case had been
put of, but 1t was finally decided to
try him In his absence. his attorney, f.
8. Booth. being willing.
William Ogle, the boy who was bit
ten by the dog. was the nrst witness
called. He said that on the day men
one In the complaint he was pass
ink the Chinaman's place in South
Butte: the defendant opened his door
and set the dog on him. The dog
jumped at his throat several times. but
some time. until at last the dog caught
him by the hip Inc caused a severe
l%aceration. The Chinaman kept urging
the dog on. and after the boy was bit
ten the Chinaman went back In the
house laughing.
Roy Patterson, another boy. testi-
fed that he saw h defendant set the
dog on the boy as described by the com
planning witness.
Herbert Bowman was another boy
who saw the assault. His testimony
corroborated hat OF the complaining
witness.
Hum Fown was sworn In as interpret
stand. He said he was the owner Of
the laundry. in front of which the as
sauft occurred, and that he was the
owner of the dog. He was not In the
laundry at the time. and knew nothing
of the assault.
Hum Awum swore he was In the
laundry the day the assault occurred.
He said Lee Thong was cooking at the
time. and hearing the dog bark. went
out to call the dog of: There were
three other Cinnamon in the place.
Cross-examined by Mr.. Yancey. the
witness admitted he was not in the
place. and all he knew OF the case was
what he had been told by the other
Cinnamon.
The case was submitted without ar
gument. and the court found the de-
fendant guilty n fined him $40 and
costs. He had not yet been appre-
hended, and a laugh went around over
the speculation as to whether the SEN
tence would ever be executed.