The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-09
BEFORE JUSTICE BLISS
Preliminary Hearing Given La
cosse for Assault.
THESTATE WASOUTSWORN
A Cigar Was the Cause OF Row Which
Led to stabbing in Which
La Rue Was Gut In
the Face.

SThe state was badly outsworn yesterday
a. the preliminary hearing of Napoleon
4 Lacosse, charged with second degree as
sault, which was held before Justice Bliss
at south Butte in the afternoon, and as
/ a consequence the defendant was not held
for trial. The case was one in which q
/ cigar was the cause of row, in which
/ Ed LaRue was stabbed in the face and
badly used up otherwise It occurred at
Chapleau's saloon in East Mercury street
on the night of the Goth of January and
1 Napoleon Lacosse was arrested for the
/ assault. At that time he admitted the
deed to the arresting officer, but when
the case came to hearing half the
1 Frenchrnen of the bad lands were ready
/ to swear in Lacosses behalf to prevent
MIN from going to jail, and the case was
i dismissed. Attorneys Lyman B. Hall and
Eu >. Booth represented the defendant
ana Deputy Attorney Roy Alley looked
| after the states interests who, in submit
ting TO motion to dismiss said with
| some bitterness he had no doubt of this
| ueIendants guilt but that the state had
| been outsworn and it was quite apparent
l
rol the defense to have procured so more
| witnesses If need be to prove the inmacu-
late innocence of the defendant.
Al the opening of the case DR.. Shul.z
testlHed to the nature of the wounds La
Rue received. Policeman Torpey, who
was acting jailer at the time of Lacosse's
arrest told of taking knife off the de-
lendant's person which had blood on the
blade and two handkerchiefs which had
w ha1
OF having been used to wipe the knife.
OfHeer Curley next took the stand and
told Of being notified of the cutting. He
Went to Chapleau's saloon and found
LaRue on the floor. Chapleau was the
only other person in the saloon. The
others who had been there were out the
back door, which was locked, and II was
apparent they were trying to get Lacosse
away Witness unlocked the door and
went out and arrested Lacosse, who said
10 witness, I'm the one who did it"
Inc prosecuting witness was not present
ana pending his arrival the states case
was closed and the defense was opened
with the understanding LaRue could be
called later. =nf
Frank lie Blanche. Joseph Chaplain,
Jack Rincour and Charles Provost all told
the same story, to the effect that LaRue
was drinking and knocked Lacosse's cigar
out Of his mouth. I.acosse pushed him
away to pick up his cigar and LaRue
deliberately stepped on it. Further trouble
was prevented by LaRue being, taken
away, but he came bach later and DELHI
erately assaulted Lacosse None saw
Knife in -Lacosse's possession. II
Ed LaRue, the complaining witness, an
peared at this time and the states case
was reopened LaRue testified, he was In
Ghaplsaus saloon on the night of the
3oth and was assaulted white talking with
a friend. He did not know trouble, was
pending and was stuck SO suddenly that
he could not tell who hit him, but thought
II was Lacosse. He was knocked out and
kGeW nothing till he came to IN the, hos
pital and was told by the doctor he had
been cut by a knife. Lacosse had pre-
viously tried to cutswitness with knife,
which was taken away by another and
thrown on the floor. N
Gross examined, the witness admitted
throwing a piece of ice. He denied walk
ing up to Lacosse and knocking his cigar
out of his mouth. He could not reInem-1
Der stepping on Lacosse's cigar after it
was knocked on the. floor, yet he was nat
drunk. Witness was asked what kind of
knife was used,~but could not de-
scribe, it. -
La Rue, IS he appeared on the stand |
was the picture of dilapidaton. His head
was tied up in bandages, his face was
swollen all out of shape and he looked as
though he had been badly used up by
some one.
The state rested after LaRue had given
his testimony and Ed Berderon was called
by the defense. He testified that he was
in the saloon when the trouble arose and |
witness got LaRue to go out. He came |
back shortly and walked up to Lacosse |
and struck him. They clinched and fell |
to the floor Witness did not see Lacosse
have anything in his hands. When the |
two men were separated Lacosse had |
blood. on him and LaRue was bleeding |
prpfusely. Mr.. Alley did not cross-ex-
anime.
The defendant took the stand and said
the trouble started over a cigar. All |
hands had been drinking and LaRue
knocked witness cigar out of his mouth
Witness expostulated with LaRue and
said he should not have done that. LaRue
then tramped on witness cigar. Friends
nterfered at this point and took LaRue
out. Shortly he came back and while
witness had his back to him LaRue came
Up behind and struck witness. They |
'linched and when separated LaRue was
tut, but witness did not cut him and did
cot have a knife.
Mr.. Alley stated that in his judgment it
vas merely case of being outsworn by
numbers and that If necessary the defense
'ould have had any number of the same
kind OF witnesses. He would not oppose a
notion to dismiss, but would give notice
lie would file complaint for third degree
assault. The case was accordingly dis
missed.
D. L. Toomey. for whom Justice Bliss
ssued warrant the day before for third
legree assault on Mrs, M. Brooman, ap-
'eared before Judge Bliss yesterday and
Headed guilty and was fined S.
Signs painted at Schatzlens', ID West
Broadway, will stop EN- if anything
will.