The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-19

! ID piece Oh an Ola iron nan IN the END
of the pole. The other end of the pole
was lying on the bank of the river.
| The pole was IL or 13 feet long. The
end of the pole rested on the body, as
| there was not sufficient water at the
point to carry the pole away.
| The next time he saw the body of
Benson was at the undertaking rooms.
He then saw that there was a wound
| on the head. The wound was in the
| back of the head, a little to the left
Of the center. 1t was about one and
one-half inches long and as deep as
| the witness could see the flesh. No
| other marks were found on the body
| by him.
Asked whether or not he knew the
| defendant, the witness said he had seen
him on the bridge, near which the body
| had been found, on the day of the
finding of the body. This was about
| 20 minutes after the body had been
| found The next time the witness saw
the defendant was some 30 hours lat
| er. He saw him in the Jail build
| ing.
Mr.. Duffy asked him if at that time
Sheppard had made any statement to
the witness. The witness said he had.
Mr.. Di:Hy's next question was as to
| whether the witness had used any
threats. made any promises or offer
ed or held out any inducements to
ment. The witness said he had not.
| At this point Mr.. Walsh claimed the
right to cross examine the witness be-
fore the matter of any statement was
gone into. The privilege was accord
ed him.
Mr. Walsh's first question was as to
why the witness had gone to the Jail
to see Sheppard. Mr. Powell replied
that he went there as justice of the
| peace. He had been informed that
Sheppard would plead to a charge
which had been placed against him.
rs it not fact that you went there
upon an understanding between your
self and Dave Sheffield to see if a state
ment could not be got from the de-
fendant?'
II did not"
What was the first word that passed
between yourself and the defendant?'
Il think I spoke the first word.
said, How are you, Charlie?' He said
good evening" I then told him that
plead to a charge"
Upon redirect examination, Mr..
Duffy asked:
What did he say to you when you
told him there was a complaint filed
against him?'
II told him he was charged with
killing John Benson. He said: I did
it, ~ ''''O " 'NN7N
WAS he sober at the time?'
Il think he was"
WAS he in conscious condition?"
Yes, SIR
Continuing, Mr. Powell testified:
After he pleaded guilty to the charge,
| said: When did you do this; when
did you kill Benson? He said: Sat
urday night I asked him where it
had occurred and he said on the rail-
road bridge I asked him what he
struck him with. He said with a club
| asked him what size the club was
and he measured off on his wrist. He
indicated that the club was about half
the size of his wrist and said it was
three feet long. I asked him if the man
fell when he struck him. He said no:
that he walked little distance seemed
to get tangled up and topnled off the
bridge. The bridge is about Is feet
above the water"
Whereabouts on the body or head
did he say he struck him?"
He did not say"
Il asked him." continued Mr. Powell
in answer to questions. what he was
doing down off the bridge He said he
thought Benson was coming out of the
river. I asked him if he intended to
help Benson out of the river. He said
Benson was still calling him names and
he could not stand that. He did not
make direct answer to my question.
He further said that Benson had
club and he thought Benson was going
to hit him, but he got in the first
lick
Mr.. Powell testified to finding the
footprints on the rivers bank The
tracks were made by heavy hob-nailed
shoes. He could not describe in par
ticular the size of the tracks. The soil
in that vicinity is a sandy sediment, of
q, iny Jirrl,f 1,,Dr
peculiar color of itself and probably
there is no soil like it except along the |
Deer Lodge river.
Cross-examined, Mr. Powell said he
acted as coroner during the inquest on |
Benson's body. No more witnesses had
been examined by the jury after Nov.
Z, although the jurors did not sign their |
verdict until Jan. TO- No witnesses
were examined after his talk with
Sheppard
cat the time of your conversation
with the defendant did he not tell you
that he would plead not guilty to the
changer"
'.He did not"
do you mean to tell the court and
the jury that he made this statement
to you without solicitations"
Il do"
us it not true that you, together with
Mr.. Sheffield, have been taking a con-
SlueTaDia. interest IN THIS caSe-hunting
up evidence for the prosecution and
the like?"
"It is not"
The witness said he had no conversa-
ton with the defendant after the con-
versation at the jail
Did you appear before the coron-
er's jury as witness?"
NO"
Does your evidence appear any,
where in the record of the coroner's
inquest?"
NO"
yet, Notwithstanding that you knew
all about this matter. you did not tes-
tify before the coroner's jury?"
The witness said he had told the jury
of his conversation with Sheppard, but,
as coroner, he did not think it neces-
sary to include it as part of the rec
ord.
What was Sheppards condition
when you had the conversation with
him?''
Il think he was sober"
What was his condition., when Won