The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-16
THEY COULDN'T PROVE IT
Herrison and Nelson Fail to Es-
tablish an Alibi.
THEY WERE BOUND OVER
Bonds Were Fixed at $1,000, but the
Men Were Unable to Find Sure
ties and Were Led Back to
the County Jail

| Inc preliminary nearing OF Martin
Hcrrison and Gus Nelson, accused of
the brutal assault on Gus Johnson on
the evening of Dec. 3 was concluded in
Justice Laurandeau's court yesterday
afternoon. The defendants failed to
prove an alibi that satisfied Judge Lau-
randeau and We're bound over to the
district court. Their bonds were fixed
at $1,000 each, and being unable TO pro-
cure sureties for that amount, they
were led back to the county Jail.
As at the previous session of the
hearing, the witnesses for the defense
testified with great positiveness in ac-
counting for Herrisons wherea bouts at
the time the assault occurred, and We're
able to call upon their memories, al
most for fractions OF minutes between
4.3O and o'clock on Dec. 9, but were
far less definite in locating the time of
other occurrences than seeing Henri
son. which happened at other times
that particular day and the days sur
rounding it.
The defendant, Martin Herrison, took
the stand when the hearing was
sumed. He stated that at 80 on the
day of the assault, he was at the lodg
ing house where he roomed, at 1856
South Main street. At that time he
was in the room of sick lady. Then
he related story of how he circulated
between his own room, that of the sick
woman and other roomers, accounting
for his time between 4:30 and 8 O'Clock
that evening. Among other things he
did was TO go to a neigh boring store
after clay pipes for the sick lady, after
beer for Mrs. Larsen, etc. He denied
the truth of the witness Proebstel, who
claimed to have seen himself and Mel
son together in the vicinity of the as
sault shortly before it occurred. He
also denied that he was in anyway
connected with the assault
On croSS-examination Mr.. Connolly
asked HerriSon how he accounted for
officer Dougherty's statement that he
(Herrison) had said: IF you want me
for that assault you've got the wrong
man. which the officer testified he had
said on the way to the jail. Herrison
replied that he was informed of the
assault. and that the officers were after
him, prior to the arrest Herrison fig
ured the minutes very closely iH ac-
counting for his time during the day
of the assault. Dec. 8.
Mrs. Emma Herrison. Wife of the de-
PENDANT by that name, testified that be-
tween and 5 o'clock in the afternoon
her husband began running errands for
the female dodgers who lived in the
same house. carrying in wood, going
after beer for Mrs. Larsen, going twice
after clap pipes for the SICK lady, etc,
until he could not have had time to
have gone to the scene of the assault
between 4 80 and o'clock. She parted
company with him at about that time
Herriscn was recalled and asked if he
had stated to a Standard reporter the
evening of his arrest that he had not
left his room the day of the assault be-
tween II o'clock noon. when he went
after meat and O'Clock in the even
ing. He replied that he was not posi-
tive, but if he had, he did nol take into
account the times he went out on err
rands.
Hattie Johnson, niece or the land
lady of the lodging house at $50 South
Main street, saw Herrison innumerable
times between 4:30 and o'clock in the
exact places at which the other wit
nesses saw him.
Cross examined, the young lady de-
MED that she had had any previous I'M
derstanding with other witnesses rela-
tive to her testimony.
Mrs. Laura Butler landlady of the
lodging house at 1886 South Main street,
remembered very distinctly all the cir
cumstances of the day. Herrison car
ried in some wood for Mrs. Larsen, as
she remembered from the fact that she
was doing. She saw Herrison repeat
eddy between 4:30 and until after the
time the assault was alleged to have
occurred. She remembered the hour of
5 particularly, because her husband al
ways came home promptly at for his
dinner
Laurs Graham, a lodger at 335 South
Main Street. also saw Herrison great
many times that particular afternoon,
and on cross examination said 1t was
Herrson's custom to be quite as num-
erous about the lodging house as on
that occasion.
Mrs. Graham was very particular
about noting the time of day for she
always set her clock by the town clock
at noon of each day, when it was clear.
Peter Berrenstein, bartender at 345
South Main street, at the time of the
assault sold Herrison a "growler" of
beer about 10 minutes of 5 O'Clock. He |
the time very well from
the fact that he looked at the clock |
just as Night Bartender Harris came |
on shift at 10 minutes past 5, and Her.
rison was in the saloon about Is min
utes before.
Peter Harris, night bartender at the /
saloon at 345 South Main street, roomcd |
at 1885, and was in his room shortly be- |
fore o'clock. He saw Herrison pass |
through the hall at that time, but did /
not see him later.
Attorney McClernan dictated a stipu- |
ation of the testimony that Mrs. Katie |
THE sick lady" would give. |
He said she would testify that Herrison
had been in her room between 5 and |
o'clock on the evening of the assault |
In rebuttal, a Standard reporter re-
lated a conversation had with Henri
son in the city jail on the night of his
arrest. in which he said he did not
leave his room between II o'clock at |
noon and O'clock in the evening of
Dec. 3.
Counsel submitted their arguments
md Judge Laurandeau issued his order
binding the defendants over