The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-14
FOR A BRUTAL ASSAULT
Preliminary Hearing of Herrison
and Gus Nelson.
TRYING TO PROVE ALIBIS
They Put Witnesses on the Stand Whose
Testimony Contradicts That of
the State-Continued I'm
til Saturday.

til Saturday.
| The preliminary hearing of Martin
Herrison and Gus Nelson, the men ac-
| cused of having committed the brutal
| assault on Gus Johnson, the shift boss
/ at the Parrot concentrator, who was so
| brutaly beaten the evening of Dec.
| g. while on his way home from work,
| was commenced yesterday afternoon in
/ Justice Laurandeau'S court The de-
| PENDANTS are charged with assault in
| the first degree. The cases of both are
| being heard at this time, though in
/ reality are separate hearings. The de-
| PENDANTS are endeavoring to prove an
| albi and put number of witnesses on
| the stand, whose evidence fatty con-
| tradicted the strong case made out by
! the state The hearing was not COM
| pleted, an adjournment being taken until
! o'clock, after the case of the state and
| that of the defendant Nelson had been
| submitted Chief Deputy County At
| torney Connolly conducted the proSecu-
ton and Attorneys McClernan and For
/ estelle appeared for the defense. the
| former representing Herrson and the
| latter Nelson.
The complaining witness, Johnson
who so nearly lost his life in the assault
| appeared on the witness stand as the
| first witness for the state. His head
was wound with bandages still, but he
| showed no signs of weakness, beyond
/ being somewhat thinner and paler than
usual. and his mind was perfectly clear.
| In relating so much of the assault as he
knew anything about he said:
Il left the Smelter about 6 O'clock and
started for home, going along path
| leading toward Second street, I think it
| was. Suddenly. and without any warn
ing, | was hit over one eye, but not hurt
| very much. l turned and saw Martin
| Herrison and Gus Nelson standing close
behind me and Herrison had a club or
| something of the kind in his hands
| raised to strike me- | tried to guard
| the blow, but 1t struck me on the head
and | remembered nothing more till
| recovered consciousness at the hos
| pital'
On cross examina ton johnson said 1t
| was shortly before o'clock when he
| was assaulted. The assault occurred
| about a quarter of a mile from the
| smelter 1t was beginning to get dark
| but was still light enough for him to
| see plainly. The first blow did not affect
| him, and he turned and saw both Mel
| son and Herrison. He only had an in
stants time to see his assailants, but
| was sure he recognized them. Herrison
| had his hand raised to strike. He had
IL u.
witness could not describe it. Every
| thing took place SO quickly he could not
describe the dress of his assailants. He
| remembered nothing after the second
| blow until he regained consciousness at
| the Wells hospital Then it was "A
| couple of days before his memory came
| back. He then recalled the identity of
| his assailants without the aid of any
| suggestions. He heard friends in the
room conversing about Herrison and
| Nelson, but always replied to all in
| quiries that he did not know how the
assault happened till he fully recovered
| his memory. The conversations he
! heard did not suggest to his mind that
! Herrison and Nelson were the crimi-
| nails
On redirect examination the witness
| stated that he married Herrison's di-
vorced wife about three months prior to
| the assault.
Ur. w. M. Shultz, city physician, tes-
| till, | TO dressing Johnson's wounds at
| the city Jail. The injured mans
wounds were very dangerous and might
| have proven fatal.
On cross examination the witness said
| he and others asked Johnson while the
wounds We're being dressed, if he knew
who assaulted him, when he would al
! ways remain silent. The witness con-
| sidered Johnson conscious at the time.
| The wounds We're apparently caused by
| blows from behind and had the appear
ance of having been caused by blunt
| instrument. The witness was asked il
| he could tell from the appearance of
| Johnson's wounds whether more than
| one blow had been struck, and replied
| that if but one blow was struck the in
| strument must have been the shape of
| a turkey foot to make SO many
| wounds.
Police Officer John J. Dougherty testi-
| fled to arresting the defendant Herrison
ha ATatYt fai.a -aIn ;y,I ayt
| Park street. He did not inform Henri
| son what he was arrested for till he
| reached the jail, yet on the way Henri
| son said: IF you're arresting me for
| that assault down there, | had nothing
| to do with ii.
| ross-examined the witness was
| asked II it was not fact that the as
sault had been told about town pretty
| thoroughly prior to or by the time of
| the arrest.
Charles B. Wright. baker, who re-
| sides at the Swiss Home, was the man
who witnessed the assault on Johnson.
| He said he had been to the Parrot
| smelter and returning between 5 and 6
O'Clock he saw three men come together
| and heard a blow. then a second, and
| saw one of them fall. He went toward
| them, and one ran toward the smelter
| and the other toward town. He iden-
| titled the defendants as the ones he be-
| lieyed to have committed the assault,
| but was not absolutely certain. He re-
| manned with johnson till wagon came
and took the injured man away.
Under cross-examination the witness
said the only means he had of identify
ing the men was by the fact that one
was short and light complexioned and
the other tall and dark. He was within
10 steps of the men. He thought the
time was about quarter of o'clock.
The men were without oyercoats. He
did not take notice of the clothes they
Wore. The witness was asked if he
stated to a Standard reporter on the
evening of the assault that he had seen
the taller of the two men running to-
ward the city for doctor, to which he
replied he did not. Asked if it was not
a fact that the only means he had of