The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-20

lCllSFCA.
south bank of the river. The witness
saw a pole projecting out from the
bank, one end of it lying on the body.
He pulled on the pole and turned the
body over.
do you know where the pole came
from?"
Il do; it came from the opposite side
of the river. / found it was part of a
fence pole. The pole found in the river
fitted exactly to the end of the piece
still attached to the fence. There were
footprints where the pole had been
broken off. The Footprints resembled
the footprints near where the body was
found. Somebody had jumped on the
pole, evidently for the purpose of
breaking it,
After recognizing Benson the witness
dropped the pole back and notified Po-
liceman Stewart. The body was left in
the river until the officers came. The
ground in the vicinity is soft, sandy
soil and has peculiar color. The tracks
In the soil We're two or three feet from
the waters edge. He followed the
tracks to fence and up to the bridge,
where one track was found. He knew
Sheppard's shoes. They We're hobnail-
ed. He was shown the shoes and iden-
LlliCd tHSl1i DIS IdNiIlS DeeH SHGppdfu s.
He was positive of the identification, he
said, because one of the shoes fastened
with buckle and the other with lace.
He had heard Sheppard swearing about
the lace because he could not fasten it
one morning when it was dark in the
clubhouse. The witness had never
heard Benson or Sheppard speak of each
other, good, bad or Indifferent.
The witness occupied the same bunk
F,,tt L,
prior to Wednesday, Nov. 2. Prior to
Tuesday night Nov. /, Sheppard had
been drinking for some days. That
night he was very restless. The wit
ness asked him: Whats the matter,
Charlie?" to which She-nard had re-
piled: II don't know; I don't feel
good" Before that time Sheppard
would come into the clubhouse, light
his pipe and smoke two or three pipe
fuls and would then go to sleep. On
Tuesday night he was restless. He
would neither lie down nor stand up.
He went out of the clubhouse and re-
manned away about five minutes. He
went out a second time, saying he had
to go and get some LIQUOR. The witness
told him not to stay long, as he did
not want to be awakened to let him
in again. Sheppard was gone about
three quarters of an hour and came
back with a bottle of whiskey. He
gave the witness a drink and took some
himself. Sheppard then lay down on the
bunk with his clothes and shoes on. The
witness asked him If he We're not going
to bed. Sheppard did not reply to the
question. The witness then went to
bed and got up next morning, Wednes-
day, and saw Sheppard still in bed with
his clothes and shoes on, The bottle
was empty. The witness did not know
when Sheppard took his blankets up
town.
Mr.. Walsh, on cross-examination
read from the testimony taken a. the
coroner's inquest. Before that jury
McGoWan's evidence showed that he
had stated that he last saw Benson
alive on Tuesday morning. The wit
ness said that he had SO stated at first,
but afterwards had recollected that il
was on Monday morning and had re-
quested that the correction be made.
Referring to other statements in the
evidence taken at the coroner's inquest,
the witness said he had made several
corrections in it.
Jack Mosner was another section man
at the time of the alleged killing of
Benson. He was the next witness for
the state. He told of the finding of
the body and described the pole He
found a footprint near the fence at the
south end of the bridge, and he and
Mr.. Coleman had measured it, The
track was only the heel marks of the
shoes, and not the full shoe mark The
track looked as though some one had
Jumped over the fence and alighted on
his heels.
The only other things that Mosner
testified to that had not already been
brought out by other witnesses was the
incident of the arrest of Sheppard by
Constable Sheffield. The witness said
he had gone to the old pump house,
where Sheppard was, with the con-
stable. Sheppard was lying in a va
cant bunk. At first he would not let
them in, but afterwards he opened the
door. Mosner then told him that Shelf
field wanted him. Sheppard said Yes"
Sheffield, Sheppard and the witness
then went down to the bridge. where
sheffield told Sheppard to take off his
shoes. Sheppard did so, and Sheffield
discovered that the shoes were not the
'nes he wanted. He afterwards saw
he hob-nailed shoes at the coroner's
inquest with the sediment on them.
Mr.. Walsh cross-examined him as to
he measurements taken by Coleman
md himself He described the dimen-
'ions and said the sand was dry and
lad been turned up for a day at least. |
The witness did not know whether he
saw Benson last on Monday or Tues
lay morning. He had testified at the |
inquest that he saw him last on Tues
fay morning. The witness said Shep- |
'ard had been dismissed from the COM |
,any.s service about a week prior to |
lis arrest. He said he had not talked |
With any of the other witnesses in the |
ase and had not entered into an |