The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-28
OFFERS AN ODD DEFENSE
Joe Tobakish Says He Didn't Hit
His Wife With a Hatchet,
SHE FELL IN THE WOOD BOX
He Asserts She Was Drunk-Mrs Toba-
kish Sticks to the Original Story,
Which Is Corroborated by Her
Daughter.

Whether or not there is probable cause
to believe Joe Tobakish chastised his wife
with hatchet, is the question Justice Of
the Peace Devine is celebrating upon. At
o'clock this afternoon he is to hand
down his decision in the matter
Tobakish admits that he has beaten
his wife at times, but denies that he did
on this specific occasion. He says she was
drunk and fell in the woodbox. Inciden-
tally, as part Of his defense, he declares
he is not the father Of one of his wife's
children.
Tobakish is not a man whose face
would inspire confidence in his gentleness
and lovableness. On the contrary, he is
rather fierce in appearance with charac-
teristic Eastern European heavy features.
His face is adorned with a pair OF mus
taches and an imperial that give an added
air of bravado to his appearance.
Mrs. Tobakish is not beautiful but she
appeared decidedly matronly and respect
able as she sat in the court room yester-
day surrounded by her three children,
one an infant in arms, another little
girl of 10 and the third a bright-eyed,
pretty-faced maid of 10.
When Tobakish's case was called be-
fore Justice Dcvine yesterday afternoon
Attorney Sawyer appeared as attorney
for Tobakish. The charge was assault in
the second degree felony.
On the stand Mrs. Tobakish told her
story tearfuly. She said that last Fri
day evening while she was fixing door
at the family home her husband attacked
her from behind and, in fit of anger,
struck her several blows. inf1icting two
wounds on the head and one in the mid
die of the back
DR.. ST. Jean described the wounds and
said an instrument such as the Ratchet
introduced in evidence could have made
them.
Bertha, the 13-year-old girl. testified
that on that evening when she had re-
turned from church her mother, in the
presence of the father told her that he
(Tobakish), had beaten her with the
Ratchet and the father had not denied the
fact.
When Tobakish took the stand In his
own defense he declared he had not
struck his wife with the Ratchet but that
she had been drunk and had fallen into
the woodbox. When asked if he was the
father of the three children he declared
he was of the eldest and youngest, bur
not of Rosie, the 10-year-old girl. He adj
mitted he had whipped his wife at times.
Steve Hovarth testified that he had seen
Mrs. Tobakish intoxicated at times and
knew she was in the habit Of drinking.
Mrs. Tobakish on the stand swore that
she did not drink, and her testimony was
corroborated by her daughter, Bertha
When the case had been presented Jus
tice Devine took it under Amusement to
render his decision at p. m. to-day a,
to whether Tobakish shall be bound over
or go free.
Charles Kane, arrested by Deputy sher-
if Walsh Dec. l6 on the charge Of va
grancy, was given a jury trial before
Justice Devine yesterday afternoon. The
testimony showed that he had entered
Burnetts restaurant that evening and
| begged for meal. He was told he could
have one II he would earn il on the
| woodplle, but he spurned the offer indig-
nantly. Going out he had met Captain +
j. McGuinness and begged the price of a
meal from him. Captain McGuinness
took him into the restaurant, intending
to buy the man a meal when he was APP
prised of kane's previous conduct. Kane's
arrest followed
The defense proved that Kane was e
laboring man and had worked severa
shifts at the shelters. The jury deliher
| ated for a few minutes and returned &
| verdict acquitting the defendant.
j. W. Goddard, the scavenger charged
with falling to provide for his family, wa:
10 nave been tried before Justice Devint
| yesterday. but the case was continued as
| Goddard is preparing a bond to give tht
| family the required support.
{. w. Eastman, arrested by Officer Me
| Masters at the corner of Main and Front
! streets early yesterday morning charged
| with disturbing the peace was convicted
| before Police Judge Kennedy yesterday
and fined $40 and costs. In default of pay.
! ment he went to Jail
WESTERN MONTANA NEWS