The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-29

on or about the 18th or 9th a OF
october, 1897. by the request n under
the advice and instructions OF the said
Melvin l.. Wines and the said Edwin
8 Booth that he should go TO Seattle
and give the said deposition. as they
should prepare the answers to the said
deposition for him. and that they, the
said Melvin l.. Wines and the said
Edwin :. Booth. would protect him
from any harm on account thereof.
and that they would stand by him
through the entire matter to the end.
That these last mentioned statements
were made i'm the presence of the said
James w. Bacher and his wife, one
Ada Bacher, just prior 10 the sara
James w. Bacher's departure for seat
tie. That the said Melvin J.. Wines
and the said Edwin :. Booth, in the
office of the said Edwin :. Booth. in
the Silver Bow block, in the city of
Butte. Montana, before the SAID
Bacher left for Seattle, dictated to the
said James w. ZACH what his an
swers to the -interrogatories contained
in the said deposition. should be, and
furnished him with n opy Of the same
that ne might con and memorize the
same. so as To testify thereto, the said
Melvin l.. Wines and Edwin 5. Booth
well knowing all the statements con-
corning which they We're COUGHING said
Bacher To be false.
That the said Melvin l.. Wines and
the said Edwin :. Booth agreed To pay
the said James w. Bacher a sum of
money. namely, $65, to cover all his ex-
penses I'm the said matter OF going to
Seattle. and that the said Wines and
Booth did then and there pay the said
James w. Bacher the said sum of
money for such purpose. the said Mel
win l.. Wines i'm person giving the said
James w. Bacher the sum OF $50 OF SAID
sum and instructing one Eva Smith
in the presence of said Bacher to pay
the remainder of the said sum. name
ly, SIS. to the said James w. Bacher,
which the said Eva Smith, subsequent
ly and on the same day and before the
departure of said James W. Bacher for
Seattle, did. That at the time of the
killing of the said John by
the said Joseph Shafer. the said James
w. Bacher was not in the city OF Butte
or the state of Montana. where the
said murder was committed. nor for
some time prior and subsequent there
to.
That the said Melvin l.. Wines and
Edwin :. Booth, as attorneys for the
said Joseph Shafer on the trial of said
Joseph Shafer aforesaid. introduced i'm
evidence "A certain revolver. which one
Eva Smith, a witness on the part OF
the defense and heretofore referred to,
testified she had taken from Joseph
Shafer. the defendant. at the time OF
the killing of said John Hawkins. That
the said Eva Smith testified she o
said gun from the said Joseph Shafer.
wrapped it in a silk handkerchief and
took IL up to a certain French woman
known as Gabrielle, residing on Galena
street In the city of Butte. That the
said Gabrielle, whose r name as
given on the witness stand is Mary
Dunault. testified thai she received the
said gun from said Eva Smith. or the
said package wrapped up in a hand
kerchief, and kept 1t until the said Eva
Smith called for II upon her release
from Jail, she being charged with as
sault upon the said John Hawkins
That about W days after the trial oi
the said John Hawkins had begun II
the district court aforesaid, the sale
Melvin l.. Wines and Edwin ;. Bootf
went to the house of the said James
w. Bacher at No. 106 South Wyomini
street. i'm the city of Butte, the SAT-
James w. Bacher in the meantime hav
1 ing returned from the city of Seattle
! bringing with them a new gun, a 3s
; caliber Smith a. Wesson, that had new
er been used: that the said Wines an
, Booth told the said Bacher mat J
4 would be best to rave the gun shot oi
4 so that IL woul show some use. TN
= purpose of the said Wine and Boot
Z being to use the said gun on the sal
! trial Of Joseph Shafer as the gun take
7 from the said Shafer at the time sat
! John Hawkins was killed, IL appearin
y from the evidence at the coroners IN
l quest that the said Joseph Shafe
c about two or three hours prior to IN
: time the said John Hawkins was killed
e had fired some shots at the said jon
y Hawkins I'm a public garden. known a
u Adams gardens. near the city OF Butt
: That the aid Melvin L.. Wines an
g Edwin s. Booth asked the said JAIME
x w. Bacher to go somewhere and shoe
off the said gun: that the said Jane
u Bacher followed the said instruction
and when he returned To his said nous
u the said Melvin l.. Wines and Edwi
u :. Booth said that the gun smelled &c
T. much and too freely of powder an
e that they did not think they could III
u II. That on the next night the sal
- Melvin /. Wines and Edwin ;. Boo'
y, came Ia the house of the said jam
"a w. Bacher and showed the said Bach
- another gun, IL being "a peculiar gu
y with rust. or other marks of a simll;
ie kind. thereon. That the said Bach
= asked the said Edwin 5. Booth whe
u he got the said gun. and the said Boo
le told him ne got IL from one Ed RIOS
~ a pawnbroker in the city OF Butt
IN that the said Bacher asked the sa
th Booth II the said Ed Rose was all rigf
III and the said Edwin :. Booth said "
and tina the said Ed Rose had gol
!. out of town for a rev days 10 u
> springs until the said trial was owe
y That subsequently,. n on the 10
~ day OF November. 1897, the said d
le $. Booth sent the said James w. Bac
- er a note to call at the offlce or Z
&c said Melvin l.. Wines and bring
le least S25 as they had fixed this ma
~ ter up That I'm response to the sa
~ note the said James w. Bacher call
te al the office OF the said Melvin
. Wines and was there told in the pre-
ence of the said Melvin L. Wine
the said Edwin s. Booth that they h
to pay Ed Rose the sum of $50 for I
said gun and for ush money, the sa
gun referred to being the gun intr
duced in evidence and sworn To by I
witnesses Eva Smith and Mary Du
d. ault as the gun In their possession II
e. mediately subsequent to the killing
the said John Hawkins, and which I
n.t-- a.Al nnnah r-nn lnnN. ~