The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-28
NICHOLSON BOUND OVER
Must Stand Trial for the Murder
of James Wilson.
HE Is ADMITTED TO BAIL
Attorneys for h Defense Pleaded Jus
tincsuon for h Kliing-The
Murdered Man Was
Unarmed.

The preliminary hearing Of George
Nicholson. charged with the murder of
James Wilson. was concluded yesterday
afternoon in Justice Laurandeau's
court. the hearing terminating in the
defendant being bound over to the dis
trict court without bail Last evening
Judge Clancy held a session OF court.
and after listening to the main points of
h testimony in the case. admitted
Nicholson to bail.
At the resumption Of the hearing. the
balance of the testimony not read at
the previous session was read to the
witnesses and subscribed by them. after
which the arguments OF ounsel were
heard. Attorneys Clinton and Lamb
and Judge Lippincott. who appeared for
the defendant. made no attempt to deny
the killing. but each pleaded justifica-
ton and spoke at length on this point.
holding that all the evidence went to
prove that Nicholson was justified in
firing the shot which caused Wilson's
death.
Deputy County Attorney D'Gay Sti-
vers, who appeared for the state. con-
tested the claim OF counsel for the
defense and held the shooting was not
jutifable; that Wilson was unarmed;
that there were two men In the cabin
at the time of the shooting. who could
have prevented Wilson from doing any
great bodily harm to any one:
that Wilson was not shot be-
cause he a an attempt to injure
any m and that IL was not necessary
for the defendant to pursue the course
he did. In conclusion. Attorney Stivers
held that the matter OF whether the
shooting was justified or not did not
enter into the case on preliminary hear
ing. but that IL was the duty of the
court to bind a defendant over IL II APP
oeared IL had reasonable ground for
believing a public crime a been COM
mitted. the commission of which was
not denied in this instance.
The court held with Mr.. Stivers I'm
the latter contention and the de-
PENDANT over. Nicholson. who had been
out on $40. 900 bonds. was in court. and.
having been held TO the district for an
unbailable o~ffense. his bonds were ex-
onerated and he was taken I'm charge
by a deputy sheriff and conducted to the
county Jail.
Last evening Nicholson's attorneys
secured a hearing before Judge Clancy.
at which statements of the facts con-
tanned in the testimony were made by
counsel on both sides. and Judge Clan
cy admitted Nicholson TO bail in bonds
OF IS 5000. or 5000 less than the former
bonds. The same bondsmen who sign
ed the former bond offered themselves
as sureties and were accepted and Mich
olson was released.
The circumstances of the shooting for
which Nicholson was held for murder
are still fresh In the public mind Mrs.
Kate Donoghue occupied "A cabin ad-
Joining that Of Nicholson in South
Washington street. James Wilson, a
miner, under the influence Of IL
quor. called at her house one night
about IL o'clock. after she had gone to
bed. He knocked and when she refused
to admit him. he threatened to break In
the door. She ran out the back door
and went to Nicholson's cabin and ask
ed protection. Wilson followed n in
sisted on entering the cabin. and was
shot when he failed to heed Nicholson's
warning to keep away. He died two
days later from the effects of the
wound.