The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-17

| never seen ule letters before.
Il don't believe l could write that
good" he said with nervous laugh
One of the letter was addressed to
one Alex" and Shafer said he knew no
| man of that name and had never seen
the letter before. Mr.. Connolly asked
him if Alex" did not refer to AleXan-
der O'Bannion. a colored man who was
in Jail on the 29th of last December, and
if he did not give the letter to one
George O'Donnell to be passed to
O'Bannion. Shafer denied it. and the
subject of the letters was dropped for
the time.
In answer to further cross-eXamina-
ton. the defendant said he did not know
the name of the white man who had
warned him against Hawkins and ne
was asked to explain why he said at
his former trial that he distinctly heard
the man called Ed Laney by his friends.
Shafers only explanation was that he
did not remember having SO testified at
the former trial. He had also testified
at that trial. as shown by the tram
script of the evidence. that Hawkins
did not have time to get gun out of
his pocket, because he, Shafer, shot too
quick.
Now you say he had the gun out and
you grabbed the barrel?' asked Mr..
Connolly.
Shafer got badly ratified and he took
the gun to illustrate Just where the
gun was. and he showed that he grab
bed hold of the barrel of the weapon
before Hawkins got it out of his pock-
ct. 40
There is only one way to tell this
thing and that is to tell the truth about
it, said Shafer.
Mr.. Connolly asked Shafer If he did
not know that the white man who
warned him against Hawkins was Ed
Laney and that his deposition was read
at the former trial.
81 believe So" said Shafer
"Now, is it not a fact that the depo-
sition was made by James w. Bacher,
an intimate friend of yours, then and
now a resident of this cMy?'
Mr.. Wines made an objection because
the deposition in question was not in
evidence. and he did not want Joe Sha-
fer to be made a sufferer for the mis-
deeds of others.
Il do not intend to press it unless it
becomes absolutely necessary" said
Mr.. Connolly. and the court sustained
Mr.. Wines objection.
On INSTRUMENTATION, the defend
ant said he was afraid Hawkins would
kill him when he came into the saloon.
That concluded Skaters testimony and
DR.. L. E. Holmes was called for the
purpose of establishing the defend
ants second defense that Hawkins was
not killed by Shafer at all, but that
he died from an injury to the brain,
the inference being that he was killed
by Ford, who beat him over the head
with a revolver.
z. S. Booth put hypothetical ques-
ton to DR.. Holmes outlining the testi-
mony of Drs. Shultz and Hammond as
to their examination of the gunshot
wound on Hawkins to determine the
cause of death, which ensued about 36
hours after the wound had been in
fiicted. Basng his opinion on that
question, the witness said such exami-
nation was not sufficient to determine
the cause of death, and that usually
death results from such a wound in
six or seven days. He said death must
| have resulted from some other cause,
and the fact that pus came from the
mouth and nose of the deceased after
death indicated an injury to the brain
He said the skull might have been
broken and it would not have been ap-
parent on the outside.
! On cross examination by Mr.. Con-
molly, the witness said Hawkins might
have died from shock as the result of
| the wound in the abdomen and intes-
tines. Mr.. Connolly asked the doctor II
| it was not a fact that the skull of a
l r
persons, and the doctor said that was
| not fact
THAT is only vulgar superstition, >
he said.
The defendants attorney asked fol
| brief recess until one of their wit
nesses could arrive. but the court would
not grant it and ordered that a bench
warrant be issued for the witness. Mr.
| Wines said the witness was a working
man and could not leave his work al
| any time, and he did not want to see
| the man lose his job.
That's all outside can't" said the
court.
mo, sir; it is not cant" said Mr.
| Wines, and the court said he didn't
want any of that kind of talk, where
| upon the defense concluded not to wait
for the absent witness and announced
the close of it's case.
City Detective Murphy was called in
rebuttal and said the reputation of
Agnes Smith for truth and veracity
was bad, but it developed that he
based his testimony on one act. in
which she robbed some person, and ii
was stricken out.
Annie Dougherty denied that she ever
told the Smith woman that she was II
| the Shafer case for the money there
was in it. She said she did not speal
to Agnes Smith and that the latter was
| her bitterest enemy.
"Curiey" Rhodes testified that he wal
standing in front of the Swim saloo1
when Hawkins went in and he did no
have a hand in his pocket, but wa
swinging both hands at his side.
George Tyler testified that he say
Garrett in the Swim saloon about tn
time of the murder.
George O'Donnell, the next witness
said he was an inmate of the count
Jail last December and that he kney
Shafer and Alexander O'Bannion there
O'Bannion was in corridor No 4, wit
the witness, and Shafer was in the cor
ridor below them. He said he receive
two notes from Shafer to deliver t
O'Bannion, as OBannion could not ge
his hands through the bars. O'Donnel
got possession of both papers an,
copied one Of them. He left the cop,
and turned the two originals over t.
the sheriff The witness said he coul,
not say positively that it was Shafe
who talked to him from the lower cor
ridor. but he thought he recognized hi
Voice. AS O'Donnell could not testif,
positively as to the identity. Mr.. Con
molly took the witness off the stand an,