Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-20
THE STATE CLOSES
lis Evidence in the Case of
Sheppard.
A NIGHT SESSION HELD
At Which a Number of Witnesses
Were EXamined--T The Finding
of BensOn's Body.
A NIGHT SESSION HELD

A night session was held in the Shop
pard murder case and at the close the
state rested its side. The feature of the
trial of yesterday was the evidence Of
Deputy Sheriff Johnson regarding an al
legged confession by Sheppard which was
not admitted as evidence. Johnson's evil
dence was not permitted to go before the
jury on a motion made by Attorney
Walsh and sustained by the court.
Chris Thorp testified that he was en-
ployed around the section house at Deer
Lodge. The last time he saw Benson was
October so. Did not see him again until
he saw his remain in the river Novem-
Der 6. He was the first man to discover
the body which at first he thought was a
boy. 1t was a man, Benson, laying face
downward in about IA inches of water.
A pole was laying IN the body. One end
of the pole rested on the body and the
other on the bank. He saw the body for
the first time between 3 and 4 o'clock p.
m. The body was about 10 feet from the
bridge. October so Benson told Sheppard
he did not want any of his The
witness then went on to describe the visit
- DSi2ol, etlCi'pdlu dlu OtIitIS dl TIC
Brewery saloon and at Miiler's saloon,
where Sheppard had asked Benson for a
drink which was refused and the witness
gave him a drink. Benson gave Sheppard
some cuff and Sheppard went away.
Monday night they We're together again.
Benson had $50.
On cross-examination by Attorney
Walsh he said he saw Benson last on
October 81. He was a witness at the
coronr's inquest and recognized his sig
nature below his testimony. On cross
examination he said the body was found
80 feet away from the bridge. The last
time he saw Benson was in bed Sunday.
October 80. He did not see the pole then,
meaning the time he saw Benson in the
river. At the coroner's inquest he testi-
fled that Benson had no money.
Harry McGowin was a willing witness
until Attorney Walsh caught him on
cross-examination. Many parts OF his
testimony We're the same as the witness
before him. Benson and Sheppard work.
ed in the same section gang. The last
time he saw Benson alone was October 81.
Benson's body was found in the river four
or five feet from the bridge and IS feet
from the river bank. A pole with one end
resting on the body and the other on the
bank was found The pole came from
the opposite side of the river. He pulled
or the pole and Benson's body turned
over with the face upwards. City Mar
shal Stuart was notified, who called the
undertaken and the body was taken out
of the water. Sheppard had been drink
ing for several DAYS VI to November 9.
After that he appeared restless. McGow-
IN identified his own signature, which
was signed to his evidence given at the
~corOner's inquest.
On cross-eXamination he was confused
several times, particularly as to the time
he saw Benson last.
Jake Mosner saw Benson the last time
November l or 2, which was Monday or
Tuesday. The body of Benson was found
about eight or nine feet from the river
bank and five or six feet from the bridge.
He described the pole found in the river
with the body, the tracks in the sand and
the shoe marks on the bridge. On cross
examination he said the tracks were not
fresh and looked dry as if made several
hours before. Sheppard had been dis
charged a week before the time of his
arrest. The testimony of the witness as
to the time he saw Benson last varied
somewhat from his testimony before the
coroner's jury.
Witness Mosner was recalled upon
court being called at s p. M. He said the
relationship between Sheppard and Ben
son was not very friendly. Attorney
Walsh offered the testimony of Mosncr
at the coroner's inquest as evidence in
the present cross-eXamination. 1t was
accepted by Judge Napton. Attorney
Walsh offered to prove that witness was