The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-06
THE SHAFER CASE AGAIN
Bis Attorneys Find Sixty-Seven
Alleged Errors.
THIRTY-FOUR EXCEPTIONS
This Is the Largest Number Ever Raised
in the Courts of Silver Bow County.
The Case Was Tried Before
Judge Clancy.

County Attorney Stapleton was yes
terday served with the bill of eXcep-
lions and assignment Of errors in the
Shafer case. The county attorney ac-
knowledged the service and waived
copy. The assignment includes 81 err
rors on which the attorneys for the
defendant, Nj. l.. and j. l.. Wines, Ber-
nard Noon and Booth & Cavanaugh,
base their motion for a new trial on
appeal from the judgment of the lower
court. This is the largest number of
errors ever raised i'll a case in Silver
Bow county. There are also "a eX-
ceptions and the statement and bill OF
exceptions take up altogether 81 pages
of typewriter matter.
Joseph Sha1er, colored man, was
charged with having on Aug. II last
murdered John Hawkins, another col
ored man. Information was filed
against him Sept. 2S by the county at
torney ana the case came w for trial
Nov. 4 before Judge Clancy. Shafer
was found guilty of murder in the first
degree. The attorneys for the defend
ant on Nov. Ia Were granted 10 days in
which to file a bill of exceptions and
statement on motion for IL new trial.
The notice of motion for a new trial
was filed on Nov. -. and the defendant
was granted until Jan. to prepare the
bill of exceptions. Further extensions
of time We're granted until Feb. I, and
yesterday the bill was completed.
The first error given in the assign
ment of errors is that the court erred
in striking out the testimony of James
Lansey. witness for the defendant.
who said he was acquainted with the
general reputation of the defendant,
and the court further erred in making
the remark from the bench that the
general reputation is what majority
III i
correctly state the case and was mis-
leading to the jury.
Error No. 2-The court erred in
striking out all of the evidence of Lee
Phillips as to the general reputation of
the defendant for peace and quiet
Error NO. 3-The court erred in strik-
ing out the testimony of c. N. Norcross
as to the defendants reputation for
peace and quiet, and he further erred
in stating in the presence of the jury
that within the meaning of the law the
city of Butte was not a community;
that a community is the immediate lo-
cality in which the defendant has re-
sided, and testimony as to reputation
should be as 10 the reputation he sus
tains among his friends and neighborS
Error No. 4-TEe court erred in sus-
tanning the objection OF the state to a
question propounded 10 the defendant
as to the general physical proportions
before this question had been asked ev-
idence had been introduced by the state
showing an assault by the deceased
upon the defendant at Columbia gar
dens, aud the said ruling of the court
was an Interference with the defend
ants right to put in his own testimony
in the order Of his own choosing.
Error No 5--The court erred in strik-
ing out the testimony of the defendant
that he was afraid Of the deceased be-
cause he knew his reputation and be-
cause deceased had attacked him a
couple Of times.
Error No. 6-The court erred in sus-
tanning the county attorneys objection
To William Booths testimony that the
deceased was a man of bad reputation
and a violent man.
Error NO. THE court erred in sus-
tanning an objection to the evidence of
the same witness as to use Of violence
by the deceased which endangered the
life of the witness for the reason that
such acts of violence We're competent to
prove the violent and desperate char
acter of the deceased, John Hawkins.
Error No. s-rhe court erred in strik-
ing out the testimony of Matt Lewis as
10 the bad reputation of Hawkins and
as to the good reputation Of the de-
PENDANT and ordering the jury TO dis
regard such testimony.
Error No 9--Fhe court erred in al
lowing Sol Levy TO testify to state
ments made to him AZ the city Jail by
Hawkins a few minutes before the af-
fray occurred, in the absence Of the
defendant for the reason that said dec
larations were mere hearsay.
Error No. 10-The court erred in al
lowing the same witness TO testify to
other declarations made by the de-
deceased to him at the city jail at the
same time with reference to what oc-
Cured between the deceased and de-
PENDANT at Columbia gardens. as such
testimony was mere hearsay, not
proper rebuttal, and incompetent for
any purpose.
Error No. 1.-THE court erred in al
lowing the witness to identify a GER
tain coat and vest as belonging to the
deceased, such evidence not being re-
buttaI.
Error No. 1.-THE court erred in al
lowing the county attorney to offer in
evidence this coat and vest.
Error No. 13-The court erred in al
lowing Charles Ray to testify to state
ments made to him at I 30 a. m on the
morning OF the tragedy in the saloon
of Gregovitch < Zorn in the absence
of defendant
Error No. 1.-THE court erred in al
lowing the same witness to testify to
other statements of the deceased To the
effect that be wanted police protection.
Error No. 16-The court erred in ask
ing the witness if he stated there who
the man was.
Error No. 1.-THE court erred in al
lowing L. p Shay to testify to state
ments made by the defendant 10 or 20
minutes before the ARRAY 20 the effect
that deceased was afraid of defendant
that he had no gun and that he wanted
police protection such declarations be-
ing hearsay evidence.
Error No. 1S-The court erred in al
lowing the same witness TO relate a
conversation between witness and de-
ceased in which the deceased told him
he had no gun.
Errors Mes. 10 20, 21. .. 22-The court
erred in allowing the introduction of
the records of the police court Of the
city of Butte as TO various police court
cases.
Error No. 24-The court erred in al
lowing Henry Wey TO testify as 10
the defendants genetuf reputation. the
witness not having shown himself
counetant To give such testimony