The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-14

the afternoon of Dec. 9. He did not
play cards but saw Nelson in a game
He stayed in the saloon until about 6
o'clock as he remembered by having
looked at the clock lie then went To
supper TO "a South Arizona street and
was nearly finished when Nelson ar
rived. After Nelson ate supper, wit
ness and he went together to the post
Office and then To call on certain
young woman, who was not at home
and then they went 10 the corner of
Quartz and Arizona and called on an
other lady. They We're there when Mel
son was arrested.
Andrew Bolla. bartender at the Noun
tain Home, went on shift at about 10
minutes of o'clock and Nelson was
then there. He fixed the time by the
fact that he went to work AT that time
for the night shift Nelson was playing
cards with three other men whose
names the witness did not know
John Freeman was waiting on table
| at Christ Bertheaus boarding place on
| the date of the assault. lie waited on
Nelson at supper, about O'Clock.
| Dec. s.
Otto Oman. who said his occupation
was a little of everything, was in "a
| good many places" Dec. .. Among 9TH
| ers, he was in the Mountain Home
saloon about ) o'clock and saw Nelson
| playing cards. He stayed about 10 MINI
utes Later he saw Nelson at supper.
| about O'Clock. The witness. on cross
! examination, stated that he saw Nelson
| come into the boarding house alone and
| later saw Bertheau 60 through the dim
| ing room.
Sergeant Buchanan of the police de-
partment was put on the stand by the
state. on consent of the defense. as he
| had to go on duty. He had examined
the scene Of the assault and found blood
on the ground. lie identified a cudgel
| in the shape Of piece Of buggy shaft.
| which he found within 80 feet of the
| blood stains.
| Mr. Connolly offered the cudgcl in
| evidence. and II was admitted over the
| objection of the defense.
Shelton Martin, a painter and decora-
| tor. was in the vicinity of the assault.
| He had lantern and was called to by
| some one who said an assault had oc-
| Cured. and who asked him to bring the
| lantern He went to the scene and saw
Johnson trying 70 arise. but unable
| TO do So. As he came he saw man
running in the direction of South Butte.
| This closed the evidence in Nelson's
| case, and as the hour was late an adj
| journment was suggested. but as one of
| Herrisons principal witnesses desired
| TO leave the city. it was decided to take
/ her testimony. She was Mrs. J. A. Lar
/ son, who al the time roomed at No. 1856
| South Main street. lodging house. She
| testified that HerriSon was in her room
| at $40, again at 10 minutes past s
! o'clock and again Al o'clock. She fixed
| the time by the fact that she cut her
/ finger and he tied 1t up. She remem-
! bered seeing him at 6:10 by the fact
| that the bartender of the saloon under
/ meath went on duty at that time. Her
rison was also in her room ; or 10 min
| utes after : o'clock, which she re-
| membered by the fact that he went
| after beer. She fixed the hour of s
| o'clock by the fact that Mr.. and Mrs.
| Herrison went to work at that time.
| on cross-examination, she was I'M
| able to fix the time a policeman came
| TO the house looking for Herrison. posi-
! lively within an hour, and before Mr.
| Connolly had finished with her she had
contradicted herself something like IA
score of times and became so involved
! that it was Impossible to make a
| straight story out of her tangled state
| ment. Out Of all the occurrences of the
| day she could not fix a definite time
| except those relating to Herrison, which
were fixed positively in her memory.
At this point ii was decided to adj
/ journ until Saturday at o'clock, but
/ before adjourning court Judge Lauran-
/ deau consented to hear the testimony
/ of Charles j. Butler another of Henri
sons witnesses, who stated that he was
a barber and would lose his position il
| required to be away Saturday after
noon. Butler testified to being lodger
at No 1856 South Main street, where
| Herrison roomed at the time Of the as
/ sault and to seeing Herrison about the
] house between and 6 o'clock on Dec.
/ o. He fixed the day by the fact that
when he saw Herrisnn was accused he
/ took the trouble to refresh his memory.
At the conclusion of the taking of
! Buffers testimony the case went over
to Saturday.