Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-02
First Degree Charge Against
A. j. Schumacher.
WOULD NOT HOLD IN COURT
1t Was Carved to the Second Notch
Defendant Gives Bond for $500
and Is Released.

| Justice Memo rendered ms decision
this morning in the case Of the State
against A. J. Schumacher, accused of
having struck G.. Leo Hagenburger on
the head with a billy along about May
10. He said he was satisfied that an as
sault had been committed. but did not
consider it Of the first degree brand.
There was no evidence to show 1t. He
thought, however, it was of the second
degree and would therefore hold the de-
PENDANT to the district court in the sum
of $500.
Mr.. Schumacher gave the bon and
| was released.
The hearing was finished yesterday
! afternoon and at it's conclusion the judge
took the matter under advisement. 1t
was expected that during the hearing
Schumacher would take the stand in his
own behalf and tell the cause for the
| alleged assault, but he did not do it.
! Nor was there any argument made by
either side. Some of the concluding tes-
timony was rather sensational, as it
partly developed the fact that Schu-
macher considered himself justified in
smuggling the doctor.
! A.. e. Kear, cashier for the Street Rail-
way company, testified that he was in
the Shodair block when the alleged as
saul was made. He was engaged at
something in the hallway with Mr..
Shodair. He heard the doctor ask some
one if that is what he came for. Soon
afterwards the doctor ran into the hall
way with blood streaming from his face
and called for assistance.
The witness said he had seen a billy
in misunderstanding. The doctor want
ed witness and Mr.. Shodair to call a po-
liceman to take Schumacher away, but
was told that no policeman We're wanted
in the building.
On cross-examinatiOn the witness said
that when the doctor came out of his re-
ception room Mr.. Shodair and himself
ran up to the door. They had reached the
wire neck and neck. The doctor said a
crazy man was trying to murder him.
Schumacher had remarked tina the doc
tor was a crazy - - - -, and
had murdered his (~Schumacher's) wife.
Later on, when some women We're in the
hallway, Schumacher had said the "old
fraud had murdered his wife.
why did you folks not take the billy
away from Schumacher?' asked Mr..
COtter.
well, it wasn't our fight" answered
the witness.
Schumacher. said Mr.. Rear, told those
present tney cOulu get him whenever
they wanted him.
Evan d.. Davis, a conductor in the en-
ploy of the Street Railway mpa tes-
titled that he resided in the Shodair
block and on the day of the trouble had
seen the doctor running out of his room.
The doctor had remarked that Schu-
macher was crazy.
Witness further said he had seen
humacher there. He had something
IN one hand. 1t appeared to be about six
inches long. He said: "That man killed
my wife"
Or. Shultz was recalled to give expert
testimony on billies. He said he had
never struck a man with one nor had he
ever seen a man struck with one, but
from general knowledge he would con-
slider the instrument a deadly weapon.
lie mad never seen a man killed by a a.
men cannon, but still he considered the
cannon a deadly weapon
Ihefe was an attempt made TO nrove
that schumacher had told someone no
intended to injure or kill the doctor. hut
1t failed for want OF confirmation. None
OF the witnesses would say they had
heard such a thing. M. l.. Wines was
the principal one called for this burmese
lie SAID he had advised the men to FIX IN
their difference in the courts. b,t had
never heard Schumacher threaten tho
doctor. '"e