The Dupuyer acantha. [volume] (Dupuyer, Mont.) 1894-1904, 1899-04-20
slmons' Examination.

On Monday of this week the prelim-
mary trial of Chas. Simons for the kill
ipg of Chas. buckley wRs.held in JUS
tice Taylor's court here. Attorney D.
G. Bair appeared for the defendent and
j. e. Erickson prosecuted the case.
The first witness called was L. E. Black,
saloon keeper ut Robare. When asked
what, If anything, unusual occurred at
Robarr on April lat, 1899, he sHd there
was a road election there and shooting
scrape between Chas. Simons and CIlas.
Buckley. When asked by the proSecut-
ing attorney what he saw aud knew
about the shooting scrape he said ::
"Chas. Buckley, Chas. Davlin and Geo.
Ketchum were PLAYING cards for the
drinks. Mr.. Simons was there in the
saloon and asked me if he might lie
down on my bed. said he could.
Whether he lay down or not do not
know. He was there some time; Buck
ley called me to the table and said give
us some drink.,.' took the order and
served the drinks to three, Buckley,
Davlin and Ketchum, and he says how
much for the house AMI said six bits
He said give them n drink Then
Simons came out Of the back room and
asked If he was included in that Buckley
says, you can go to the bar and get your
drink or you can go to the creek and
drink Simons says, Il don't have to go
to the creek aud drink and he says you
have abused me long enough and it must
come to quit Simons was standing
by me by the table anil he pulle out
gun and reached for to get the gun
and Simons clicked it an / kinl Of turned
it toward me and says, 'You have no
business mixing up i'm this affair." Chas.
Davlin took me by the coat and kind OF
pulled me aud sail 'take your tray and
go behind the bar that is where yOu be-
long, did 80. Simons let his hand
down, put the gun back in his coat and
sat down on chair. Then a few words
passed about the drinks and Simons got
up and started to pull his gun. Buckley
raised up out of his chair and Simons
fired. Buckley started to get his gun
anG the first shot that Buckley fired and
the second that Simons fired were sc
close together that you could hardly tell
the difference and Buckley started right
straight toward him and Buckley shot
one more shot and Simons started tC
back off and fired his l8st shot. Buckley
fell and Simuus walked over by the bar
and laid his arm on the bar and stool
there for very short time and then
went into the back room and laid the
gun OH the bed and lay down on the floor
Presently went in there aud asked him
to lie DOWN on the bed and he says
'lon't bother me oryou wi y kill me, Ian
dying now Tasked him If he was
hurt very bad and he said he was and he
could not get up, So went down t.
Thomas and got some boards to lay
Buckley on and tlen vent ip tGerC
where Simons was and picked him vi
and laid him Oh the bed and looked Il
see where he was shot. Then Ben Sho"
! came for the doctor apl the doctor came
out and looked at his wounds. HecaIne
out the next morning and dressed them
guess that is all of any Importance"
When asked by the prosecuting at
torney to state, if he remembered, wha
words passed between the defendant NJ
Buckley about the drinks the witnesse
said, "Simons says, you told me to &C
tbe creek and drink and he said I dom
have to go to the creek and drink AM
there were other words spoken, but
disremember what they were. was a
little bit excited myself"
When aaked if Buckley made any at
tempt to draw his gun before Simons
fired the first shot the witnesses answer
ed No! but he was nudging his Goa
back like this" illustrating by taking
the lapel Of his coat in his right hand
and dropping it downward.)
When asked if he had eyer heart
Buckley use abusive or threatening
language toward Simons the witness
sal |. He dill not abuse him any until
he had told him to go to the bar or creel
and drink, not that l heard, but after
Simons pulled the gun the first time and
Buckley began to unbutton his Goa
there was bad language used by the two
but do not remember the exact words
spoken but Buckley called Simons lia
for one thing and that is all ! can r.
member" lie said he beard no word,
between Simons and Buckley previou
to the time Simons went into the bacI
room. The witnesses, after stating tina
it was his gun Simons used identified
the one marked as exhibit A by takin:
off the handles and displaying his initial,
He said it was the gun and he had lef
it the night before in his bed in tn
back room of the saloon. lie did no
sue Simons with the gun that day befor
the events that lead to the shooting took
place. In his cross-examnation by At.
torney BAR the witness admitted tha
he did rot know whether Simons OF
some one else took the gun from the bel
Asked if he heard Buckley call Simon
ANYTHING but liar at the time refarra