Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-20
tnterrogated as to certain testimony be

IOTe lne coroner > JuiJ tGts
to impeach the witness.
Emil Erickson, section foreman of the
Montana Union railway at Deer Lodge,
was called next. Sheppard was discharged
October q. Defendant purchased hob
nailed shoes from witness in August, 1893.
Sheppard wore them part of the time.
He saw Benson the last time October 80.
Saw him dead in the river November g..
He also saw prints similar to those made
by hob shoe nails. On cross-eXamination
he said he had not examined the tracks
in the sand. The tracks led down to and
under the bridge.
Louis Dobler being called testified that
he saw Benson's body in the river and the
track of hob-nail shoes on the bank or the
river. He also saw the pole described by
the other witnesses. Benson had some
money and was gambling. He could not
tell whether Benson had won or lost.
Sheppard was arrested in the old pump
house which was used as a bunk house.
Sheppard did not say anything when ar
rested. The defendant was taken down
to the bridge where the body was found
but said nothing. On cross-eXaminatlon
he recognized his signature unde his tes-
timony given before the coroner's jury.
At that time he said he saw Benson alive
October 81.
At $40 p. m. County Attorney Duffy
q iAoAiNS NiAt SAN N">
with the exception of one witness who
would be called in rebuttal. Attorney
| Walsh for the efendant asked until
morning to repair a motion he would
then present.
This morning at the opening of court,
Attorney Walsh made a motion for ac-
quittal on the grounds that after the al
legged confessions said to have been made
to Judge Powell. Constable Sheffield and
ay-Tnpntv JAnnS0n were thrown our
there was not sufficient evidence to con-
Wet. The motion was argued by both
counsels at length. Judge Napton over
ruled the motion. At 10:30 o'clock the de-
PENDANT, Chas. Sheppard, charged with
the murder of John Benson, was put on
the stand. He said his name was Chas.
Sheppard, aged A. years. He was last en-
ployed at Missoula. Butte and Deer Lodge.
II was acquainted with John Benson
two months on the section at Deer Lodge.
Benson slept in the bunk house, l slept
in the tank house. Payday was October
?. The first pay day I drew $31.S5, the sec
ond SCI so. Benson worked the same
length of time. After quitting work I con-
tinued to sleep in the same place, until
Monday, October 81. I moved my blanke
to Nose Menard's. The shoes in violence
now are mine. The shoes We're at Nose
Menard's under lock and key. The boys,
~ Vii NtHI ~ ho"h obooL
twice a week. Saturday evening, Oct. 90,
Benson and I were talking of cutting
poles together. Benson and | were always
good friends. Benson was not gambling
at the Brewery saloon. Before pay day
Benson had only ten cents. The time due
Benson was about the same as I drew. I
was drinking Saturday night, Oct. %. I
was not drunk. but feeling good. Was up
Sunday at $50 a. M. Was drinking again
Sunday l,,t mot W. nrl t,,r, 81 - =
10 y. m. Was up Monday after 6 a. n."
At this point Attorney Walsh objected
to continual changes of advisors for the
state at the SIDE of the prosecuting attUr-
neys. Continuing the witness said he was
not feeling well.
Il got up Tuesday morning about break
fast time, $3.50 a. m, at the restaurant,
then went to Menard's and was down
town all day, going home at 10 D.. m. l
was all night in bed. The tank house ms
about $50 yards from the bridge. Going to
n from town I crossed the railroad
bridge the same as other people. I saw
Benson the last time Tuesday evening. Hc
was drinking. I don't know any thing
about him having money I don't know
Ike b. sheldon. never talked with Smell
don. 7 was not on the bank of the river
with a pole in my hand. I saw Benson in
the river. There We're other men there. I
was arrested at $50 p. M, taken to the
bridge and then to jail"
On cross-exaGnInation by County Attor-
ney Duffy, the question was asked if he
did not tell Constable Sheffield HI the
last time he saw Benson alive was No. 5.
This was objected to by Attorney Walsh.
The court was in doubt and adjourned
court until ! p. m. to look up the author
lty on so important q question.
The case of Thos. McGuin and J. r. Car
40 ,1r- H.. ~-- - TT
Ryan ct al were continued for the term.