Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-13
A DAY
The Trial of Shafer Booked
For Tomorrow.
JUDGMENTS BY DEFAULT
Lagcr.Green and MOffat Score One
Each--Some Highlander
Threats.

This was the day set for commencing
the second trial of Joseph Shafer for the
murder of John Hawkins, but on Satur-
day afternoon Judge Clancy, in whose
department the case is to be heard, took
up the injunction matter of the Montana
Ore Purchasing company against the
Butte and Boston and the proceedings
broke over into today. This necessitated
either a cessation of the injunction mat
ter at the halfway point or a postpone
ment of the Shafer case and the latter
course was decided upon, the judge set
ting it over until 9 o'clock tomorrow
morning. All the witnesses We're instruct
ed to be in court at that hour without
further notice.
The defendant will be exceedingly well
represented from a legal standpoint, as
four attorneys have been employed to de-
fend him.. When the case was mentioned
in court today Shafer, through Edwin s.
Booth, one of his attorneys, submitted
an affidavit in which he asked that one
Harry Johnson be brought into court as
a witness. The document stated that
Johnson was in important witness in be-
half of the defendant: that he was SER
wing a term in the county jail of Lewis
and Clarke county for the crime of as
: sault and battery. Continuing, the affi-
davit says: THAT one Harry Garrett
was and is a witness for the prosecution
and will testify in substance that he was
present at the time of the difficulty be-
tween affiant and Hawkins and saw the
shooting that resulted in the death of
Hawkins; that affiant is Informed and
believes that Harry Johnson will testify
that Garrett was not present at the time
Of fJo choofi,n. that Ia Ala not Iyifpncc
the tragedy or any part of it."
The court made an order directing that
Johnson be turned loose from the Hell
! ena Jail long enough to tell his story from
! the witness stand.
: In Judge Clancy's court this morning
A. A. Lager-Green secured judgment for
: SO, 900 against P. T. Peterson by default.
: The suit was one in which Lager-Green
! claimed to have been %slandered by Peter
1 son and his wife. The latter, however,
} killed herself after the complaint was
{ filed and the action against her was dis
n missed last week.
& Judgment by default was also entered
y in the suit of Malcolm Moffat against
{ Lewis Descheneau, the amount being
y 81, 27O. Both judgments carry with them
6 the usual order for costs and interest at
y the rate of 10 per cent from the date of
5 entry.
s transcripts of the testimony taken at
y the preliminary hearing in the cases of
> the state against Phil Carr and Ike Co
J hen, charged with assault, n Joseph
, Miller, accused of the crime of grand lar
y ceny, were filed in the district court to-
day.
Judge Leslie went over to Great Falls
= Saturday night and will not return until
= tomorrow evening. On Wednesday he
will hold court as usual. The following
cases have been set for trial by him:
February 20-George McGohn VS.. the
Montana Ore Purchasing company, dam
ages.
8 February 21-S. C. f. Cobban VS.. Henry
l.. Frank, foreclosure of mortgage; Lou
{ Metz VS.. the City of Butte, damages.
& February 23-John Webb VS.. Lou Hess
) damages; Butte Hardware ompan VS.
7 H. H. Becker, debt.
February 24-First National Bank VS.
the Twin City and Butte Manufacturing
; J. H. Maloney VS.. Harley N
Z MerWin.
: In the matter of the estate of Mrs. j
; c. Gaylord the petition for the sale of IS
Z shares of Parrot Mining stool
{ has been withdrawn.
, All Wi a Chinese resident of China
2 town, is afraid the highbinders have de
y S2lilS uDDll HIS llC III nv iiAAS -
} called on the county attorney and state'
Il that Wah Sung Lung, a fat man engage
in business near the joss house, ha'
- threatened to kill him. Five or six other
had made similar threats. Asked Wha
reason they had for wanting his life, w
, said that the boys had been gamblln
J and someone had given the snap away t
Z a policeman. Although he had never sal
{ a word they had accused him of being tn
, tale bearer.
7 The story told by Wi was not stron
4 enough to warrant the attorney in issu
: ing a complaint against the hlghplnders
In Justice Nichols court this mofhlh
Z .Joseph Smeizer plead not guilty to
: charge Of perjury. His preliminary heal
, ing will take place tomorrow morning.
& FROM HONOLULU.
? In a letter to his friend Tom Glora c
p tb;s oity Frank Finnip, a member {