The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-20
NICHOLSON EXAMINATION
Preliminary Bearing Of the MUIR
derer of James Wilson.
STORY TOLD IN DETAIL
Testimony % Not Differ Materially
From the Accounts Already Pub
lished-Court Takes the Case
Under Adjustment.

Nicholson for the shooting Of James
Wilson on the night Of the 10th OF this
month. was held yesterday afternoon
before Justice L~aurandeau. n defend
ant was charged with murder in the
first degree. The story OF the killing
was told in elaborate detail by the wit
nesses. but did not differ very material
iy from previous accounts. The action
Of the court with reference to holding
or discharging the defendant. was put
over to next Tuesday, after the testi-
mony has been transcribed and signed.
The defendant sat In court with his
attorneys. Clinton A. Lamb and Judge
L~ippincott, perfectly cool and collected.
and with the air of one who fully ex-
pected to be exonerated. The prosecu-
ton was conducted by Chief Deputy
County Attorney Connolly and Deputy
Stivers.
DIR. p. j. Sh~eeran, the county ply
stefan, was the first witness called. He
told of being called to attend Wilson
the night of h shooting. He found
the man unconscious, with a bullet hole
in the right side Of the chest. On ex-
animation he found the bullet had en-
tered just above the eighth rib and
passed through the body. Wilson was
removed to the county hospital. lie re-
NAMED unconscious till about / o'clock
the day following the shooting. He re-
\ ceived all necessary care, but the wound
was necessarily a fatal one. and he died
on the Wednesday following the Mon
day on which he was shot. Death was
due to internal hemorrhage. Witness
told Wilson his wound was serious, but
witness could not say whether or not
he realized he was going to die. The
witness was questioned on these points
TO qualify his evidence with reference
to a statement Wilson made when he
was dying.
Mr.. Connolly then asked when the
witness last saw Wilson before death.
I'M he replied about -four hours before
he died. Witness knew at that time
the patient could not live. He was
then asked IL Wilson was in fear of
death at that time, and the witness
sal he was. Witness was next asked
II Wilson had made any statement. to
him.
MIR. Clinton objected, holding that
there must be NO hope of recovery in
hte persons MIND before such a state
ment could be competent. The objec-
ton was overruled and the witness said
Wilson told him at 1880 o'clock the day
he died, that Mrs. Donoghue had kept
house for him and he had gone to visit
her on the night Of the shooting. They
had had a falling out and Mrs. Donog-
hue refused to admit him. He followed
her to Nicholson's cabin. In giving
Wilson's words in his own language.
the witness said: II walked into Mich
olson's cabin after the woman Nichol-
son told me to keep out and fired"
Wilson admitted to the witness that he
had been drinking before he went to
call on Mrs. Donoghue. From the con-
dition of the flesh when the bullet en-
tered, the witness said the bullet must
have been fired at close range
CrOsQ qxamined DR. SbpQran was
asked to describe the operation he per-
formed In removing the bullet, and he
said he cut an incision about an inch
long and a half or three-quarters OF an
inch deep.
Asked II the operation caused any
incislon was made very close to the
spinal column. Neither the rib nor
vertebrae were interfered with in the
operation. In treating the wound, the
witness raine II with the aid of gauze
inserted by a small probe. The wit
ness administered opium to the de-
ceased on the night of the shooting and
the following morning. when the oper-
alton of removing the bullet was made,
chloroform was administered. The
witness said surgical shock did not
enter into the cause of death, but shock
from the effects OF the bullet did.
Asked or what he based his conclu-
sion that death vas due to internal
hemerrhage. h witness said on the
swelling of the abdomen, indicating IL
was filled with fluid and on sounding IL,
IT sounded dull. The other symptoms
were the fact hat Wilson was very
pale and remained conscious to the end.
Asked what treatment was given, the
witness said he gave opium in one
quarter of a grain doses to allay pain,
and raine the wound. Asked his
opinion as to what range the shot had
- a-Nl Nho xxs.AaC aatI N o N ~
OF seven or eight feet. The bullet taken
out was nearly an inch in length. and
the point of entrance shove IL had en-
tered perfectly straight. The garments
were not powder burned.
Sergeant of Police James Leyden was
next called and said Nicholson was
brought to the city jail o after the
shooting in custody of W officers n
said ne had shot a man. Asked wha
statement Nicholson made at that time.
the witness said. after the objection Of
the defense had been overruled, that
Nicholson said Wilson came to Mrs.
Donoghue's cabin and tried to get in.
He was refused admittance and he
then heard Wilson say, open the door
or TlI kick IL n" At that Nicholson
went to his own door and asked Will
son what he was doing. Wilson re-
piled II was zone of his business. Mich
olson told Wilson to go away. that the
woman was not in her cabin. but in his
Nichofson's). Wilson said. She In. IL
she?" and started for his house. Mich
olson ordered him away. put he kept
coming. Witness then got his gun and
again ordered Wilson to keep away.
He said he was coming in anyway. and
kept coming. and after again warning
him. Nicholson shot. Nicholson said at
that time that Wilson was not in the
cabin at the time the shot was fired.
Witness was shown and identified the
gun with which the shooting was
done.
Cross examined. the witness said
Nicholson had asked him to get a doc
tor. He also said he was afraid Of Will
SON. and that under the circumstances
n he had the experience to go through
again he would have to act as he did
In this instance. Witness said Wilson
was a big man and q young man.
Police Officer Phil ID. Fogarty was