The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-21


| state what. if anything, was said by
Benson or yourself one to the other?"
I'VE had a talk; we were going to
| cut poles together
state whether Benson and you had
| any words
| I'VE did not"
state the feeling that existed be-
| tween yourself and Benson"
| I'VE were always good friends.
Never had any blows?"
mo, sir
State if you saw Benson have any
| money on Saturday night
Il did not see him have any"
Was Benson gambling?"
Not when saw him.
| The witness said he was with Benson
| about four or five hours on Saturday.
He did not know where Benson went
after the witness left him. Asked If
he knew whether Benson had any
10 cents before pay day. The witness
| thought Benson drew about the same
amount of money that he did, but he
did not see him draw it.
| Were you drinking on Saturday
| night?''
Y was not drunk, but was feeling
good
| The witness said he went home Sat
| urday night and went to bed He got
| up at $50 o'clock the next morning.
He did not know whether Benson went
| to bed or not. On Sunday, Oct. 80, he
went down town and stayed at Me-
| nards saloon all day. He went home
| and went to bed about II o'clock that
night. He got up about 6 o'clock Mon
! day morning and went to Menard's
| place again. He had an appointment
there with a man for whom he was
| going to cut some poles, and who had
promised to give him job.
l. "A these hpnrS when Won saw Won
| arose in the morning, was it daylight,
| or was it yet dark-how far could you
| see?"
II could see about as far as from
| here to the window" indicating a dis
| lance of about IA feet.
Then you could not see $50 or 200
| feet?"
No"
"On Monday night when did you
go to bed?"
Il went to bed about $50 or 10
o'clock
what was YOUR condition at that
time?"
II was sick. l did not drink any
thing Monday, and / was sick"
What time did you get up Tuesday
morning."
about breakfast time, about $780, 1
went to restaurant and got break
fast. Afterwards I went to Menard's
y. 1
went home about 10 o'clock Tuesday
night. l stayed at home all night. I
only took a few drinks Tuesday"
Did you see Benson on Monday?"
mo, SIR
Describing the location Of the sec
ton boarding house, tank house and
bunk house, the witness said the tank
house was about 300 yards from the
boarding house and about the same
distance from the bridge. One would
have to pass the tank house to go
from the bridge to the boarding house.
The witness said that from Sunday,
Monday and Tuesday. the days in
question, to Nov. 6, he slept two nights
in one saloon and one night in an
slept at the bunk house He crossed
the railroad bridge in going to and
from the house. 1t was the usual path
taken by the railroad men. Concern
ing the ties extending on either side
of the track on the bridge, the witness
said they extended out from either side
about IS to IL inches. tThere were no
guard rails on either side of the bridge
He did not seen the other section men
during the week, as he got up early
and went to town early. So
" Are you acquainted with the wit
ness Sheldon, who testified here yes
terday2"
mo, sir; never saw him before yes
terday."
The witness had heard sheldon's tes-
timony.
In answer to questions he said he was
asleep at the time Sheldon claimed to
have seen him and talked to him.
Did you ever have any conversation
with Mr.. Sheldon?"
mo; never saw him before
The witness said he had not been at
the river bank at the south end of the
bridge on the morning Sheldon said
he saw him there.
Sheppard said he saw Bensons body
in the river about 2:3O or 8 o'clock on
Sunday afternoon, Oct. 80. There was
man there with a pole trying to keep
the body from going down stream. He
did not know how the pole was attach
ed to the body. He had never seen
Bensons body in the river before.
When did you last see Benson in
his life timer"
"on Tuesday afternoon. Nov. i, at
about 8 o'clock.
Where was Benson them"
He was in Miller's saloon, playing
cards"
Were you sober then?'
Yes, SIR"
Did you have any words with him
then-did you talk to him?''
No: l went out right away"
son was playing cards?"
mo, SIR
On cross-examination, Mr.. Duffy
asked:
Did you tell Mr.. Dave Sheffield in
the Jail building at Deer Lodge on or
about Nov. 5, or 7, 1898, that you saw
Benson on the 9Th day of November
on the bridge, when you hit him on
the head with club?"
The question was objected to, and the
court took 1t under consideration I'M
til l o'clock. At that time the court
sustained the objection on the ground
of constitutional rights of the defend
ant. Sheppard was examined further
by Mr.. Duffy. He said he had been
sleeping at the bunk house when ar
rested because he could not sleep at
Menard's for the reason that there
was too much noise there. He was
sick and thought he could sleep better
in the pump house.
He said that when Sheffield arrested
him the officer told him that he want
ed him as witness against Coffae