The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-15
BROWN IS BOUND OVER
Will Answer to a Charge of First
Degree Ass ault.
TOOK A SHOT AT BAKER
The Testimony Adduced at the Pre-
liminary Examination Goes to show
That Brown Was Taking Lum-
Der without Authority.

The preliminary hearing of the Ease
of the state VS.. Thomas Brown. was
held yesterday in Judge Burns court
In South Butte. Brown is the man
who. so the story goes. went to Car
rolls lumber yard on the morning Of
Oct. 80 and was caught in the act Of
loading onto a wagon a lot of lumber
which he had no right To do. The
Waterman. Ben Baker. ordered Brown
to stop. and a number of pistol shots
followed.
The defendant was represented by
Attorney Thresher. and Deputy County
Attorney Stivers conducted the prose-
cution. The Waterman. Baker. was
first to testify and said that between
I and 8 o'clock OF the morning of Oct.
30. he saw the defendant loading lum-
Der into a wagon. He ordered him to
quit, and Brown replied by pulling a
gun and saying: I've got a gun too
He snapped il several times and ex-
ploded one cartridge.
Il pulled my CUR first and told Brown
that I vas Waterman there. I was first
attracted to the scene by hearing
Brown say, Let the son of a gun come
out. I'll fix him. After the shots had
been fired the Northern Pacific watch
a Mr.. Loos, and w. G.. Carroll came
up. Mr.. Carroll took the gun from
Brown and soon afterwards Police Ser
geant Leyden appeared and took
Brown To Jail"
w. G. Carroll. who rooms at the lum-
Der office. said that the shots attracted
him to the scene and he told about dis
arming Brown and verified Bakers
statement that the latter was watch
man and in the Performance OF his
duty.
when I tool Browns gun. he said.
Well. it's all over now. I want to go
TO my house. Let me go and I'll APP
pea in court whenever wanted I
smelled whiskey on his breath. but he
did not appear to he drunk"
Police Sergeant Leyden told about
making the arrest. He exhibited
Browns gun. and 1t was a daisy. about
rs inches long. with a hammer as big
as a mans fist. There were i'm a sepa-
rate package five cartridges and an
empty shell. The officer was of the
opinion that the she'll had not recently
been emptied. but he thought the marks
on the UNEMPLOYED cartridges were new
ly made. Brown was not much under
the influence of liquor. although he had
been drinking.
Theodore Loos. Waterman at the
Northern Pacific yards. ted bout
hearing n number of shots and going
to the lumber yard. His testimony was
unimportant.
Mrs. Mary Brown. wife Of the de-
PENDANT. In answer to a question by
Attorney Thresher for the defense,
said:
That nj was fired on the eve Of the
Fourth Of July. and I don't know that
the she'll fas ever been replaced by a
cartridge. h gun had been hanging
i'm my bed room up to the night of the
trouble. That morning my husband
fired. and when / asked him why he
did not come home earlier. he said that
he went up town and got drunk.
Whenever my husband becomes wor-
ried by trouble he always gets drunk.
! did not know that he had the gun"
The defendant was the last to testify.
He Identified the big gun as the n
he carried on the morning OF the
trouble. He examined the cartridges
and could not account for the hicks in
them. Probably the children at home
might have played with them. as they
were left carelessly laying around the
house. He didn't remember Of firing n
shot at Baker. Then on cross-examina-
ton he was positive that he did not
shoot, but he remembered swapping the
gun
Judge Burns placed his bonds at $500
to appear before the district court on
the charge Of assault in the first de-
gree. The county attorneys office has
asked permission to change the COM
plant to petty larceny. but the prose-
cutting witness would not consent
to II.