The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-19
ANACONDA news,
ON TRIAL FOR HIS LIFE
Jury Finally Secured in the Shep-
.'fs pard Murder Case.
va.
ABOUT THAT CONFESSION
Attorney for the Defense Moves to Strike
Out Some Very Damaging Testi-
mony-The Motion Will bs
Argued To-Day.
ABOUT THAT CONFESSION


II the court rules that the testimony
given yesterday in the Sheppard MUIR
der trial by w. L. Powell is competent
and admissible, the defense will prob
ably have hard task to overcome it.
Judge Powell is a justice of the peace
in Deer Lodge, and in his testimony
yesterday he detailed a statement
which he swore was made to him by
Charles Sheppard, the defendant. The
statement is a confession of guilt. In
it, SO Powell testified, Sheppard told
him that he, Sheppard, killed John Ben
son, and that he might as well ac-
knowledge it..
= 1t is a question, however, whether
this testimony will y declared to he
proper evidence. Just before court ad
journed last evening, Mr.. Walsh, the
attorney for the defense, moved to
by Judge Powell which related to the
confession. The motion will be argued
the first thing this morning.
Dave Sheffield of Deer Lodge, the
constable of Judge Powel's court, also
testified to certain admissions made to
him by Sheppard, but the court sus-
tained the motion of Mr.. Walsh to
strike out that part of ShefIield's testi-
mony relating to any confession.
TWO witnesses were examined yester-
day by the state and the third was on
the stand when court adjourned. The
two witnesses examined were Justice
of the Peace w. L. Powell and DR., W.
NJ. Howsley of Deer Lodge. Constable
Sheffield, also of Deer Lodge, had not
finished his testimony when court ad-
journed.
1t was lis o'clock yesterday after
noon before a jury was secured in the
case. 1t took so names to complete the
trial jury. When court convened yes
terday morning, the special venire for
10 names issued on Tuesday evening
was returned by the sheriff The
yenirel contained the following names:
John Krogstadt, James Aherne, G W.
REYNOLDS, John Merrill, T. D. Sullivan,
Z. f. Layton, John d. Muster, w. D.
Reid, Ray Richards and Andrew Lock
Only the first four named were served,
the Sheriff being unable to find the
others Krogstadt, Merrill and Rey-
nolds had formed opinions from read
ing newspaper accounts and were ex-
cused. Aherne was passed for cause.
Mr. Walsh excused Juror Simonson and
the Venlre being again exhausted an
ether special Venire for five names was
drawn. Only one of the five, N, O.. Ed
gran, was found. The others were Gill
bert Beuner. T. F. Lynch. C. Steur-
nagle and Coll Campbell. Mr. Edgran
could not understand the English Ian
suage sufhclently to mass and he was
excused. This again exhausted the
venire and at 11:15 o'clock still another
Venlre for 10 names was drawn The
venire was made returnable at /
o'clock. The sheriff succeeded in find
ing four of the tend. C. Scott, Jesse
Roode. John Pozega and w. A. Law.
Pozegaf was excused because he is an
alderman. Mr.. Law had formed an
opinion and was excused. Jesse Roode
was accepted and Mr.. Walsh, on the
defendants last peremptory challenge,
excused James Aherne. D. C. Scott
was substituted and accepted. This
completed the panel.
The jury trying the case is as fol-
lows: j. G. Keppler. Joseph Sladich D.
Z. Scott, John Patterson, L. H. Cahoon.
Mat Hartz Jesse Roode, John Hoeft,
Joseph Munson, Nose Riberdie, w. H.
Weaver and Hugh Gallagher
County Attorney Duffy then made MS
opening address to the jury, outlining
the facts which he intended to prove.
Mr.. Walsh asked that all of the wit
nesses except the physicians and sur
seons, who are to give expert testi-
mony, be excluded from the court room
during the trial. The court granted the
request and the witnesses, of whom
there are about a score, left the room.
W. IL. oWSll was the 1lfSt witness |
called by the state. He said he was
justice of the peace in Cottonwood
township. He had known John Ben
son. the deceased, by sight, and had
seen him last on the Sunday preceding
the day upon which the body was |
found. That was a week before the
discovery of the body. He testified to |
having been notified on Sunday, No |
vember g. that Benson's body was
found in the river. He went down to
see it. He found it lying in the Deer
Lodge river. about 300 yards south of |
the depot, about halfway between the |
old depot and the new depot. The
stream was very low as it always is at |
that time of the year. 1t was not more
than three or four feet deep in its deep
est part. The stream has a dark brown
muddy appearance.
{ He had been notified of the finding
of the body at about 2:30 o'clock in
the afternoon He went down to the
river. The body was lying in the
stream, on its back parallel with the
stream, the head being down stream
and the feet pointing toward the rail-
road bridge. The body was clothed in
a dark coat, corduroy trousers ana col
ored shirt 1t was lying with the face
upward at the time he saw it. The
body was eight or 10 feet from the
south bank when he first saw it, The
stream at that point is about 100 feet
wide. There was a pole, said the wit
ness, the smaller end of what had been