The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-20

i
speaking in a loud tone.
| Possibly not; he was closer to me
| than you are
| AS loud as this?" asked Mr.. Walsh,
4 coming to within about three feet of
the witness and talking in an ordinary
| tone.
The witness could not understand
| him.
| Sheldon said he had made a state
| ment OF the conversation to J. H. Mey-
ers, but had made no statement to any
| officers.
Concluding. Mr.. Walsh asked Sheldon
If, at the time of the conversation. he
understood every word that Sheppard
said. The witness understood part of
| it, and thought he had asked Sheppard
to repeat some of his words
J. A. Johnson, ex-deputy sheriff, was
the next witness. He was a deputy
| when Sheppard was brought to Ana
cond'a and placed in Jail. He had had
| conversation with Sheppard a few
days after the latter's arrival here
The court here Incurred of Mr.. Duffy
| If he intended to prove any declaration
made by Sheppard. Mr. Duffy said he
| did, and the court sent the jury out of
the room. johnson was then turned
over to Mr.. Walsh for examination.
Johnson said he had spoken with shep-
pard through the bars Of the Jail, in
passing through the corridor. The con-
versation was in regard to the case.
The witness did not remember the ex-
act words he had used, but the sub
stance of his questions to Sheppard was
as to what there was in the case.
What did he tell YOU?
He said that in coming from Deer
Lodge city, he and the murdered man
had trouble on the bridge. They got
into quarrel. He said Benson had a
club and either struck him on the
shoulder with it, or made an attempt
to strike him. This, he said, made
him sore, and he struck back. Benson
walked few steps and then fell off
the bridge He then called to Benson
to come on up to the section house.
Benson told him to go to the devil or
words to that effect. He said he saw
Benson walk out of the river
The witness did not hold out any in
ducements to Sheppard to have hin,
talk He merely asked him about the
case out of curiosity, just to find out
what there was in it.
Mr.. Walsh moved that the testimony
be not permitted to go before the jury,
and the motion was submitted to tile
court, who took it under advisement
until o'clock.
When the court reconvened, the mo-
ton of Mr.. Walsh to strike out the tes-
timony of witness johnson, or rather
the jury, was sustained.
Mr.. Duff's next witness was Chris
Thorp, section man from Deer Lodge.
In reply to questions, he said the sec
ton men went to work at o'clock in
the morning and not earlier The sec
ton men had nothing to do with the re-
pairing of bridges. The witness had
known Benson in his life. time He last
saw him alive on the evening of Men
Oct N q 10
time he saw him was in the Deer Lodge
river on NOV. 6. 1t was he who had
first discovered the body. On the day
the body was found, the witness was
working for Erickson, the section
foreman, getting out wood. He was
quite distance away. He thought the
object had a strange appearance, and
went after his fellow worklnen. He
came back with them and went down
to the river bank. He then saw that
the object in the river was a body,
the back of which was above the
water. There was pole, the small end
of which was lying on the body While
the large end of it was lying on the
ground. Harry MCGOWAN had taken
hold of this pole and drawn it toward
himself. In so doing, the body in the
stream was turned over, and the face
of John Benson was exposed. The body
lay about 10 feet from the bank, and
about six or eight feet west of the
bridge. There was a fence near the
place where the body lay.
Gould the pole have fallen from the
fence and be on the body?" asked Mr..
Duffy.
Mr. Walsh objected, and the objection
was sustained.
The next time the witness saw the
body was at the undertaking rooms
He said he saw wound on the right
side of the head, in the back. He saw
blood running down from the wound
Thorpe was the states first witness
who testified to the relations which
Sheppard and Benson bore to each
other The witness said that on Sun
day evening, Oct. 80, Benson. himself
and several others were in the Brewery |
saloon taking drink. Sheppard came
in and begged Benson for a drink.
Benson refused to give it to him and
told him that he didn't want him in
his company. Sheppard made no re-
ply to Benson's remark. Another man,
Frank Cole, offered Sheppard his glass. |
afterWard the party went
to Miller's saloon and Benson treated. |
Sheppard did not accompany the par
ty, but followed after it. When Shep-
pard came in, the witness said, Benson
gave him some "guff." Sheppard then
went out and the witness followed |
him, called him back and asked him |
to have drink on him. The next time |
the witness saw Benson he was in |
saloon playing cards. Sheppard was
in, the same saloon. The witness left
the two men in the saloon and went
home. Asked if Benson had any
money, Thorpe replied that he thought
he had about $3.50 on his person. He
lid not seen Benson exhibit the money.
He did not hear any more words pass
between Benson and Sheppard. The
witness was positive that Benson's
clothes were examined at the undertake
sr's office, but nothing was found on
hem. Benson did not drink much, and
was quiet, easy going fellow.
On cross discrimination Thorpe Said
hat he had been a witness at the cor
,ner's inquest at Deer Lodge and that
here he testified that he had seen
Benson in bed in the bunk house on
Tuesday morning, Nov. l. This had
been mistake, The way he came to
make it was that he thought Benson
vas in bed on Tuesday morning, but
Is a matter of fact he did not see him
dive after Monday, Oct. 81 At the