Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-23
RAG time.
The Butte Brewery Fight Aired
In Court Today.
THE TESTIMONY SHOWED
That BOysOn Struck Arnold With a
Club and Bar TOWel--NOt a
Brick or Fist.

LIE preliminary NedIllIS III lHG case VI
the state against Fred Boyson. charged
with assault in the second degree on c.
F. Arnold, was commenced in Justice
Nichols court this morning and resulted
in the defendant being bound over in the
sum of 5000 to await the action OF the
district court. The state was represent
ed by Cornelius F. Kelly, Frank L. Riley
and Guy w. Stapleton. the latter appear
ing as special prosecutor. w. I. Lippin-
; colt represented the defendant. Arnold
! appeared in court with his head snugly
wrapped in a white linen bandage covered
by a soft cap. Several persons gave testi-
mony for each side.
The complaining witness told the story
Of the trouble. He aid that at the time
of the fracas he was employed as book
keeper at the Butte brewery. He was in
the office and some parties called him to
! shake dice. He told them he had no time
| to shake. About fifteen minutes later he
heard a noise at the bar, and on looking
out saw two men wrangling. Witness
stepped out and told them they were
| making considerable noise. He walked
| over to the bar and the men, one Of
| whom was Boyson and the other John l..
I hI6lS. were uiScuSSlHS Tic IeSull L IuC
first horse in a game of dice. They
shook again. Boyson claimed he had won
the second bout and Kreig said he had
not. II told Fred he had lost, and If he
could not play honest he should not play
at ALL" said he witness. "Boyson told
me it was none of my business, picked up
a rag used for wiping the bar and threw
it at me. 1t did not hit me and he picked
it up again and threw it in my face. Then
ha ORG hha6 tho p01ica n1l1h Eant on hand
for use n came for me. He struck me
several times on the head and knocked
me down. Boyson was the barkeeper.
While the assault was being made some
one called out: Shoot him. I got a gun
and went behind the bar, but concluded
to let the law take its course in the mat
ter. I hardly knew what I was doing.
After it was all over I went to the hos
pital."
On cross-eXamination Arnold said it
was his business to look after the in
terests of the house. He described the
relative positions of the fixtures of the
room. His office was partitioned from the
bar-room. Boyson, he said, had won the
first horse by shaking four aces: had
followed his hand, turning out three tours
and two aces. Kreig had then shaken
three SKIES and two tives. Boyson claimed
to have won and put the box away. Ar
mold said he was nearer tina Boyson to
the club. but he had never used one on
a man in his life and would not do it. He
knew low to use his hands when it came
right down to it, but he did not want to
do so, as he desired no trouble in the
house. He had told Boyson he would meet
him anywhere outside if desirable. When
witness first requested Boyson to play
fair the latter told him to get back into
his hole. The revolver had been obtained
in the office.
Asked if he had not exceeded his au-
thority in interfering with matters at the
bar, witness said his instructions We're to
assist at the bar whenever it was neces-
sary. He had often tended bar. You
know I have often waited IN you," said
Arnold. The crowd in the room laughed
at this remark, and Lippincott himself
laughed at it.
Asked by Lippincott if he had not Of
fered to settle the matter for a money
consideration. Arnold nswered that he
had not. "Boyson offered me $780, said
he, but I would not take it,"
"How much did you want?" asked Lip
pincott.
II was not looking for money. You
know yourself that you came to see me
in regard to it and I told you the matter
was in the hands Of my attorney, and I
had nothing to do with it."
Did YOU not offer to settle for s500?"
.hoSl clilplidllCdlIy HOt, dIlSWtIeu Ar
mold.
DR.. Schwartz of hurry & Freund's hos
pital. testified to the character of the
wounds on Arnold's head. He said there
were two just above the parietal bone,
one above the frontal bone and another
on the occipital eminence.
At this point in the proceedings the
stenographer collapsed and had to be re-
vived with an application Of explanation.
Tho 10rfnr then IrpSarta1 tho nrnhlan-
atical results of the class of injuries in
hicted on Arnold. He knew nothing of
the cause Of the wounds, as he had made
no inquiry concerning them. He could not
say that he had read Of or acquired prac-
teal knowledge to the effect that blows
on the head had ever been of benefit to
the person receiving them. On the other
hand they had been known to result in
an impairment of the mental faculties.
He could not state whether Arnold had
sustained any permanent injury from the
effects of the blow, but he believed he had
suffered from the shock.
John L.. Kreig testified that he was en-
gagged in the collecting business and was
in the Butte brewery when the assault
wa 9 made. He was the one that had
shaken dice with Boyson. The latter had
won the first horse and witness the sec
ond. Arnold had seen the play and when
Boyson claimed to have been the winner
he said Kreig had won it. Boyson then
said something and struck Arnold with
the rag. Arnold then got ready to fight
and Royson had hit him once or twice
with what he knew not He supposed it
was an instrument, but whether it was
the club on tap on the judges bench he
could not state with any degree of accur-
acy. After the blows described witness
said he had left the room.
Paul Kohler said he, too, had a hand in
the dice game. They were playing lone
flop. high man out" Kreig had lost the
first horse and Boyson the second. but
he latter had claimed vicforv ,Arnold