The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-28
FOR CRIMINAL ASSAULT
A Preliminary Hearing Given
Carr and Cohn.
THE CASE NOT CONCLUDED
Mrs Dillon Tells the Story of the Assault
Made on Her by the Two Thugs.
They Drove Her Hus-
@ band Away

The preliminary hearing of Phil Carr
and Ike Cohn for assault in the second
degree and criminal assault on Mrs.
James Dillon, alleged to have been
committed ON the 23d of December last,
was commenced yesterday afternoon
before Justice Harrington, Chief Dep
uty County Attorney Stvers appear
ing for the state, and Attorney Thomp-
son Campbell for the defendants. After
the taking of the testimony of Mrs Dill
lon and her husband, which occupied
the afternoon, a continuance was taken
to next Tuesday
Mrs. James Dillon was the first wit
ness. She testified that on the night
of the 23d of December. about s clock,
she heard footsteps at the door, followed
by knock and demand for admis-
SION. The defendants We're at the door.
They We're ordered away, but refused,
and said they would break in if the
door was not opened. Witness went to
the door and Ike Coin showed Phil Carr
in ahead of him. After getting in they
demanded that witness husband go for
beer. Fearing to refuse he went with
Cohn after the beer. When they had
gone Carr, who remained behind, insult
ed the witness, and she seized a hammer
to defend herself. but he was too strong
for her to fight him off, and she ran out
and went to Bert Bros. ranch, some
distance away. Carr got on his horse
and followed. She succeeded in get
ting away from him and afterward.
thinking he had gone, she went home
but shortly the defendants reappearad.
Her husband had returned also and
they sat upon him and drove him from
the house. He started to town to Sc
cure the assistance of the authorities
After he had gone the defendants at
tempted to commit a criminal assault
upon her. They used the vilest lam
guage and beat and bruised her in the
attempt. Mrs. Dillon was 10th to re-
peat the language the men used to her,
but at length was induced to do so, and
after speaking the words broke down
and cried from shame. The language
was shameful
On cross ton. Mr.. Campbell
tried to draw out an admission from
the witness that she was not married
to Dillon, but Mr.. Stivers objected that
it was incompetent in this case The
objection was sustained, and Mr. Camp
bell asked the witness who her hus-
band was and where she was married
She replied her husband was James
Dillon and that she was married to him
seven years ago in Butte. Mr.. Camp
bell demanded that the marriage certi-
ficate be produced. to which Mr.. Stivers
objected, and the objection was sus-
tanned.
Mr. Campbell asked where witness
children We're. at the time of the as
sault. She at first declined to answer,
but finally said they were at the poor
farm. Mr.. Campbell then asked if it
was not true that she had accused Phil
Carr of being responsible for her chill
dren being sent to the poor farm, and
that she had told young man named
Evans that She intended to get even
with him for it. The man Evans was
called in and the witness was asked if
she had ever seen him. She said she
had not and again denied she had ever
told him she intended to get even with
the defendant for having her children
sent to the poor farm.
James Dillon, husband of the preced-
ing witness, testified that the defend
ants came to his house about o'clock
the night of the sd of December and
demanded admission, which was re-
FUSED, and they then threatened to
break in. One voice said, Give me
that gun and I'll shoot the --- place
full or holes.' They at length got in
side and after few minutes demand
ed that witness go for beer Witness
refused and they threatened him with
violence, using the vilest language. To
avoid trouble witness finally went with
conn for the beer. On their return wit
ness saw his wife coming from the di-
reetion of BERT Bros ranch. Phil Carr
came again in a few minutes and the
defendants assaulted witness and drove
MN off. He came to town to get the
sheriff, and on his way home met his
wife, who said that after he left home
Carr and Cohn had attempted to COM
NIT criminal assault upon her. Mr..
Campbell objected to this testimony
and the objection was sustained, the
defendants not having been present at
the conversation The witness subse-
quently tried to find the defendants to
enable the sheriff to arrest them, but
they had fled and were apprehended
near Dillon. Witness stated his wife
was bruised about the body as a result
OF the assault upon her
Mr.. Campbell moved to strike out all
the evidence of the witness as incom-
petent the motion being overruled.
AT this time Mr.. Campbell asked for
continuance, as he had a case in the
bankruptcy court. Mr. Stivers did not
object and the case went over to Tues
<JaNy 49,