The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-20
ANACONDA NEWS.
CONFESSION THROWN OUT
Court Holds Sheppard's State
ments Are Not Competent.
STATE CLOSES ITS CASE
Prosecution Rests After Having Intro
duced Mass Of circumstantial
{E.f Evidence in an Attempt to
Convict Sheppard.


The state has closed its case in the
sheppard murder trial, and the de-
Tense will have its inning to-day The
damaging testimony given on Wednes-
day by w. L. Powell against Sheppard
~ which it appeared that Sheppard
had made confession to him, was
ordered stricken out as had been that
lbf& Dave Sheffield. The prosecution
brought out another witness to testify
TO q confession claimed to have been
made in the county jail, but this wit
hess was not allowed to testify in the
presence OF the jury. He told his story
to the court, and onamotion Of the de-
Tense, 1T was declared incompetent
1.-THE hobnailed shoes played another
Important part in the examination OF
witnesses yesterday.
Thes first matter to be disposed of
when court convened yesterday morn
Ing and again took up the Sheppard
defense to strike out the testimony of
sIudge w. +. Powell, as related in
yesterday mornings Standard. The at
torneys argued the motion at great
length, and produced and read innu-
merable authorities. At II o'clock the
motion was submitted to the court, who
ct once ruled that the confession, as
testified to by Judge Powell was not
competent evidence and ordered it
stricken out. It will be remembered
In the testimony given by Dave Shelf
Held on Wednesday in regard to a
confession alleged to have been made
70 him by Sheppard, it appeared that
ut the time the confession was made
Sheppard was laboring under the i'm
preston that he was in danger from
q mob This fact excluded shefield's
testimony. Judge Powell had seen
Sheppard only half an hour after Shelf
field had, and in ruling on the motion
the court held that the time elapsing
between the conversation with Sheffield
and that with Powell was too short
10 remove from the mind of Sheppard
the impression of fear of mob violence
which had existed at the time of his
alleged confession to Sheffield
{ The trial of the case was then pro-
,ceeded with. Ike B. Sheldon was the
first witness Of the day for the state.
He testified that he saw the defend
ant ct Deer Lodge at about16 o'clock
ness saw the Defendant on the river
bank, close to the waters edge, at
the south end of the railroad bridge.
What did you see him do there?'
u He seemed to be working there at
the south end of the bridge
What was the condition Of his trou-
sers with referenceyt to being rolled up?''
Il could not tell. I was too far
away
In answer to,.questions the witness
said he afterwards met the defendant
at the crossing south of the depot
lit IA
time?''
His feet were wet and his pants
We're wet half way up to the knees
Did you have any talk with him?''
Yes
What did he say?"
He said one of those Finlanders had
fallen off the bridge and been drown
ed"
What else was said ?"
said something about the water
being SO shallow that it appeared
strange that the body could not be
found. The defendant said they had not
found him yet. There was not more
than IA or Is inches of water there
Did he say anything with reference
to what kind of search he proposed to
make for the body?''
No, but he said something about
some money Benson had won. He did
not state the amount, nor did he say
WnaI became or the money. He did not
say when the man fell off the bridge"
What was the condition of his |
snoes!!al n ! s ~ :. 3 & H. T.
He wore heavy shoes and they were
muddy and wet. There was some of
the river sediment on them.'
Did he account to you where he had
been to get his clothes wet?''
NO"
The witness said when he first saw /
hoy n.(1 Ho 10 r.
the edge Of the river. The witness did
not know. what he was doing. He was
about 75 yards away from him.
Did he have anything in his hand?"
He seemed to have something like a
pike POLE
Did you see anything on the pole?"
NO; was too far away
In what direction, if in any, was he
pointing the pole?'
He was pointing it in northerly
direction. .
Sheldon said he did not observe any
thing in the stream, nor did he see any
one with Sheppard.
Did you look into the river to see if
there was anything there?''
No; I supposed he was showing some
thing out into the stream, away from
the bank of the river
Did you find out later what it was
that ne was pushing away from the
bank?'
i was told afterwards that it was
the corpse of John Benson"
The. witness said it was only a few
minutes after he first saw Sheppard at
the river before he met him in the road.
There was no other human being in
sight. The witness was shown the
shoes, which We're introduced on the
previous day, and which were said to
have been Sheppard's. Sheldon thought
they were the same shoes which Shep-
pard wore at the time of his converse
ton with him. The witness had exam
ined the footprints in the soil near the
river The appeared to have been made
by hobnailed shoes, the heel of one
track being indistinct
Sheldon is very deaf. and during the
examination Mr.. Duffy had to shout
the questions at him at the top of his
voice. He was asked if, in the CONVEX
sation with Sheppard, the latter had
talked very loud to him. He said he
oh To h, |