The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-02
TYLER AND CUGNO
ARE BOUND OVER
Story OF the Stabblng OF Erickson Told
in Court-Detenss Introduces
No Evidence.

George Tyler and r. Cugno were held
TO the district court yesterday at the
conclusion of their hearing on a charge
of assault in the first degree, which was
held before Justice Harrington. Tyler
is a colored man and Cugno an Italian.
Together they made an assault on a
clerk at Spillums cigar store at 40 East
Park street last Wednesday night and
Cugno stabbed Martin Erickson, who
interfered in behalf of the clerk. While
Cugno was alone in using the knife,
Tyler was held as an accessory and Was
charged jointly with Cugno as prin-
cipal. At the preliminary hearing Chief
Deputy County Attorney Kelley ap-
peared for the state.
Chief Lavell and Captain Leyden
were the first witnesses called for the
state. They told of capturing the 1e-
PENDANTS at the Montana Union depot
on the morning following the cutting,
as they We're preparing to get out of
the country.
David Barish, clerk at the Spillum
cigar store. next related the circum-
stances leading up to the assault. He
stated that on the night of the 10Th the
defendants had been in a card room
Of the store. and between and 10
o'clock came out into the store. Cugno
engaged him in conversation, and while
he stood talking he heard a showcase
being opened. Turning around. he saw
Tyler leaning against the showcase
with his back to it, and with one hand
behind him, as though in the act OF
trying to reach into the case, until no.
ticed. He accused Tyler of trying to
him to get out of the place. Tyler de-
MED any such intention and refused
to go. Barish took hold of him to put
him out and Tyler kicked him. They
scuffled and Police Officer Tom Walsh
who happened to be passing, came in
and told the two men to go about Their
business and make no more trouble.
The two men went out and few
minutes later Tyler came back, opened
the door and commenced calling Bar
ish all manner of vile names, at the
same time inviting him to come out in
the street. The witness started to Shut
the door and Tyler kicked him. where
upon they went at it, and while they
were scuffling Erickson came out to
separate them. AS he laid a hand on
each. Cugno struck at him. The wit
ness did not see what he had in his
hand, but moment later Erickson said
he had been cut.
Two arrests were made early yes
DIR: W. l.. Renick testined to being
called to attend Erickson. He found
one cut in the back and another across
the face, the latter going in nearly to
the bone and being a severe wound.
Both were undoubtedly made with "A
knife.
Martin Erickson, the man who was
cut, was the next to testify He said
he was in the card room and saw the
defendants leave. He heard Barish
accuse Tyler of trying to steal and
heard Tyler deny it. He did not see the
first trouble, but came out into the
store as Tyler was abusing Barish;
heard him invite Barish outside; saw
Barish go to the door to close it and
saw Tyler kick him; saw Barish then
go after Tyler, and when they We're
scuffling on the walk outside he went
out to separate them. AS he placed a
hand on each man Cugno stabbed hin
in the back and cut him across the face.
He saw Cugno have knife in his hand.
Both men disappeared Immediately at
ter the cutting.
Nels Lind was in the card room and
heard the words passed between Bar
ish and Tyler. He came out and stood
outside the front door and heard Cugno
tell Tyler to go in and get Barish to
come out, and they would give him
what he needed" Tyler then went to
the front door and commenced abusing
Barish. inviting him to come out. Wit
ness saw the ScuT1e on tEe SlueM Ia
and saw Erickson come out and try to
separate the men. AS he did so Cugno
rushed at Erickson and struck him, but
the witness did not see the knife.
Charles Holmenter entered the cigar
store just as Tyler and Cugno came.
He spoke to them and Cugno said they
were going to get even with Barish for
calling. him a dago. The witness was
outside when the last assault occurred
and he heard Tyler tell Cusno to watch
for the cops and he would sive Bar
ish his ''needings.' Not caring to wit
ness the trouble he went away.
Counsel for Cugno announced that no
testimony would be offered in his be-
half. and the only defense made for ny
Ter consisted of his taking the stand
and making a statement in which he
denied all the allegations of the wit
nesses for the state as to his having
abused Barish and invited him out to
light, but said Barish called him "a =
- son of COON" which he resented
by going after Barish. He denied that
there was any conspiracy to do up Bar
ish, and that he had any knowledge OF
the cutting until it was over. Judge
Harrington held both defendants in
bonds of $1,000, which they were unable
to furnish, and were remanded to jail