The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-06
JOHNS IS FOUND GUILTY
Result of the Trouble at Con
Murphy's Saloon.
RESISTING AN OFFICER
Used Gun to Prevent at Attachment
Being Made by a Constable-A
Big Gun Was Dis
played.

w. Z. johns and r. PluVer, two OF the
men who made it interesting for Con-
stable c. c. Rhodes and his custodian
at Con Murphy's saloon last Tuesday,
were before Justice Nichols yesterday,
Johns for trial on charge of exhibit
Ing deadly weapon, and Pluver for
preliminary hearing for resisting an
officer in the discharge of his duties.
Constable Rhodes levied an attachment
on Con Murphy's saloon, near the B.,
A. & p. depot, and placed James Baldis-
sero in charge. The following day. last
Tuesday, while BaIdissero was absent
for moment, Murphy. Pluver and
Johns got into the saloon, and then
there was trouble. Yesterdays cases
resulted. Johns was found guilty. but
the Pluver case was not completed.
Chief Deputy County Attorney Kelley
prosecuted the cases and Attorney M.
p. Kelly defended them.
The Johns case was first taken up.
James Baldissero, who was appointed
custodian to take charge of the sa-
loon after the attachment was served,
said he stepped out the front door of
the saloon to send for a meal. He
locked the door and went few steps
away. When he got back Con Murphy
was inside and refused to let him in.
Ills attention was first Attracted pack
TO the saloon by hearing a door forced
open. Looking in he saw Murphy and
Johns in the saloon. They pointed
guns at him and told him not to come
1n or they would shoot. Witness tele-
phoned to Constable Rhodes, who came
down, and they were both stood of by
the men within, who still exhibited
guns and threatened to shoot. Con-
stable Rhodes informed the defendant
he had warrant for his arrest, but
he refused to let the officer in. Defend
and had witness gun, which he had
aeft inside. Police Officer ocilmiG finai-
ly came and succeeded in inducing the
rlen inside to open the door after much
barley and arrested the defendant.
Constable C.. &. Rhodes of Justice
Nichols conr. told of havips attached
Murphys saloon and placing Baldissero
il, charge. He was callcd u the sa-
loon the following day and found the
custodian outside and the defendant in
side. Defendant refused to open the
door, and when told by witness he had
a warrant for his arrest, Johns flour
ished his gun and said: No
will get in here. I'll kill the first
- - that tries to come in" Witness
was about to go in anyway when Off
to be careful, saying he thought Johns
would shoot. Officer Schmid suggested
that as he had uniform on, it was
possible he might be able to serve the
warrant, so he took it and, breaking in
the door, they went in. Officer Schmid
at once placed Johns under arrest.
Police Officer G. w. Schmid testified
to appearing on the scene and seeing
Johns exhibiting his gun in an angry
and threatening manner. He took the
warrant from Constable Rhodes and,
after parleying with the defendant
some time, got in and arrested the de-
PENDANT. Constable Rhodes had in the
meantime forced the door open about
a foot, and defendant thust the gun
through the opening and threatened
to shoot A crowd outside, thinking
some shooting was going to be done,
took refuge behind locomotive stand
ing near. After witness got inside, de-
PENDANT resisted arrest, but witness
made him submit.
Deputy County Attorney Roy S. AL
ley testified that he happened along
while the trouble was in progress. He
corroborated the testimony of the pre-
ceding witness, and said Officer Schmid
performed a very nervy piece of work
in accomplishing the arrest, as he went
up against Johns gun and made him
submit to arrest when it seemed sure
Johns would shoot.
For the defense, Johns testified that
he went into the saloon at the request
of Murphy. Constable Rhodes came
and asked to get in, saying he had
warrant for Murphy, but did not say
he had a warrant for the witness. Wit
ness told him he had orders not to let
anyone in. He had a gun in his hands,
but he did not threaten to shoot any
one.
Joseph volker, formerly a constable,
whose place was taken by Constable
Rhodes, said he was at the "a. p. A"
depot about 5 o'clock in the evening"
and was about to relate something that
took place then, but as the circum-
stances in question were alleged to have
taken place between Z and o'clock
the witness was not allowed to testify
Upon this ruling the defendants coun-
sci said there was no use going any
further with the defense, and asked
the court to reserve his decision till
after the hearing Of the case against
r. Pluver, saying the testimony in that
case would place the defendants ac-
tions in very different light, but the
court could not see the materiality of
the request, and found the defendant
guilty and set Monday as the time for
passing sentence. Notice of appeal was
given
The case of r. Pluver for resisting
an officer in the discharge of his duty
was then taken up on preliminary hear
I ing, Constable Rhodes gave the same
testimony as in the Johns case, and
added the facts as to the part Pluver
took in attempting to prevent the Off
GERS from performing their duties,
which, he said, consisted of his pres
ence in the saloon and encouraging the
/ others to resist.
On ross-eXamina ton, counsel for the
defense insisted on the witness show
ing the authority under which he acted
as constable, which made it necessary
to summon the deputy clerk and re-
corder AS this would consume some
time and the hour was late, Judge
Nichols ordered a continuance to Tues
day.
Victor Erfurt, who beat his wife with
a bootjack, will pay for his amusement
by dwelling at the county jail little
over a year. He appeared for sentence
before Justice Nichols yesterday, and
when asked if he had anything to say
in his own behalf, said he had not.