The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-15

tnat ne was now 0elilnR tue tIus -
matter what he might have said IN
previous statements or afidavits. He
had been told by Bacher and others 10
make an afhdavit and tell the truth. as
II would be best for him. and he a
n hope in his heart that II would do
ne gave at his trial was true. Mr.. NO
Ian questioned Shafer about the DIFF
ferent guns that figured in his case.
II don't know whether ! am on trial
now or not" replied Shafer. Am II"
No" replied Mr.. ola
Then I won't answer anything like
that" said Shafer. and he was ex-
cused.
Charles Andrieux. stenographer in
Attorney Cavanaugh's office. testified
that he was in the Office during the
Shafer trial and that witnesses were
there very frequently, but he paid lit
tie attention to them and his testimony
was unimportant.
Guy w. ~Stapleton. county attorney.
was called as a witness n testified
concerning the revolver offered In evil
dence by the defense and identified by
Joseph Shafer was alleged to have used
and was dropped on the floor by him.
When did you first learn that the
revoIver was not one that had been
used in the saloon?'
Il got an intimation of it the day a
wan HCu.
Mr.: Stapleton said he went to Ed
Roses pawn shop and brought 1t up
to the Office and he said Mr.. Booth had
secured from him n u like the one
introduced in evidence by the defense
and that he had had only one gun in
stock OF that particular make.
ID o know where Mr.. Rose il
now?"
only by hearsay. I know that he is
not in town.
Did you at any time get an AFFIDAVIT
from Mr.. Rose?"
Yes. sir: I did"
h afidavit was offered in evidence.
1t set forth that Rose was a pawn
broker at No. s East Park street. and
that on Nov. 8 or 3 Booth came into his
shop and asked for a gun. Rose gave
him two Harrington & Richardson re-
volvers, but he brought them back the
next day. A day later ne came again,
and Rose gave him a 3S Forehand
Arms company revolver, and he said:
That will do" He never brought It
back. The gun was Similar in make,
caliber and appearance to the one in
troduced in evidence at the Shafer trial.
~ you have n conversation with
Mr.. Wines or Mr.. Booth after you OBJ
tanned knowledge that perjury had been
committed"
Il had a conversation with Mr..
viz Ittl Two
Smith had testified in the Shafer case.
He came ito my room some time be-
tween 10 and 1 o'clock at night, and re-
manned until about 3 O'clock"
Mr.. Stapleton said Booth talked about
various things, and during the CONVEX
sation Mr.. Booth observed several times
that an attorney sometimes used per-
tured testimony n did not know it.
The witness had another conversation
with Mr.. Booth subsequently, n Mr..
Booth said that IL 1t was the intention
to arrest him that the county attorney
should notify him and he would come
to the court house, as ne did not want
to have an officer sent to the house..
On cross-examination Mr.. Stapleton
said the excuse Booth had for calling
at his room that night was to talk
about the Wenrich libel case. He also
said at the time that Mr.. Rose had old
him that the county attorney was look
ing up some matters in connection with
the Shafer case. Mr.. Booth said he
would always be in Butte and was
ready to have al investigation made.
Has Bacher been discharged from
custody since he gave his testimony in
the case?" asked Mr.. Scallon.
Yes. sir: the reason for that is thai
he was held as a Witness"
What became of the charge under
which Ii was sought to take him back
to Washington for perjury"
Il don't know. l knew nothing about
the case. Ii was a matter Mr.. Con-
molly had in charge"
Mr.. Stapleton said Eva Smith had
also been released. and that he had no
intention OF prosecuting her or Bacher.
Eva Smith was recalled, as she de-
sired to make a correction in her testi-
mony by admitting that she received a
letter from Joe Shafer in Jail. Her
statement as to what the letter CON
tanned was not very material, and Mr..
Scallon submitted to her another let
ter. which had been taken from her
possession by the sheriff when she, was
arrested, and asked her IL she a not
received ii from Shafer. Eva read 1t
and got hot. She wanted to know whose
business 1T had been to read her pri-
vate letters. She tore 1t in two and
threw 1t on the floor and Mr.. Scallon
picked IL up.
Did you get that letter." he asked.
She refused to answer and Referee
Campbell threatened to send her to Jail.
We'll. what does he want to ask me
such silly questions for. OF course /
received the letter"
That concluded the prosecution, with
the exception of the testimony Of MFR.
Connolly, who is absent from the state.
and the further hearing was continued
until Q O'Clock Friday morning.