The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-15
FOR THE MURDER OF HOYT
Thomas Lewis Is On Trial for
bis Life.
ONE WITNESS IS MISSING
The Defendant and His Victim Got Into
Quarrel in a Saloon-A Nice
Legal Question Is to
Be Decided.


Wallace. Idaho Feb 12.-When the
case of the state VS.. Thomas Lewis was
called in the district court yesterday
morning, after the usual prelminaries
the prosecution offered the deposition of
Joseph Paquin, taken at the preliminary
the country, and presunlabl being now
in Canada. The defense objected, and
the morning hour was all consumed in
arguing the question.
The statement of the county attor-
ney was that it was expected to prove
that on the morning of the 9Th of May,
1898, the defendant and amos Hoyt be-
came involved in a quarrel in Joseph
Paquin's saloon at Burke; that defend
ant drew his revolver, which was
knocked from his hand in the struggle
and secured by Paquin. After the fight
Hoyt left the saloon and Lewis de-
manded the return of his revolver. Be-
ing refused it, he took it from where
Paquin had put it behind the bar. and
going to the door, shot Hoyt, then out
in the street. intlicting a wound from
which he died day or two later.
The first evidence offered by the
prosecution was the deposition of Jo-
seph Paquin taken at the preliminary
hearing, Paquin having since gone to
Canada The defense objected, on the
ground that according to the deposition
Paquin could not testify in the English
language, an interpreter being employ
ed, while there was no statement that
the Interpreter was sworn. Pending
the settlement of this question the
court adjourned until l p. m. At that
hour neither counsel could find any au-
thorty bearing directly on the case.
The committing magistrate had in the
meantime offered an affidavit that the
Interpreter was properly sworn, and
Judge Mayhem decided that he would
give the state the benefit of the doubt,
as the defense could correct an errone-
Gus ruling by an appeal while the state
did not have that privilege. 1t was
matter of considerable interest to the
attorneys in attendance, and should
Lewis be convicted there is no doubt
that this ruling will form the principal
ground of the appeal.
The deposition Of Paquin was that on
the night of May 6. 1898, or early on
the morning of May I, Lewis and Hoyt
became involved in a fight in the de-
PENDANTS saloon at Burke, during which
Lewis drew a revolver. 1t was knock
ed from his hand and the witness Sc
cured it. After the fight Hoyt cOntin-
ued to be abusive, and witness put him
out. He made several attempts to get
back in at the door and window, but
later left. Lewis then demanded his
revolver, and when witness refused to
let him have it, Lewis took it away
from him. Defendant then went to the
door, stepped just outside and fired, re-
turning Immediately and asking for
another drink, as he was nervous. Wit
ness then went to the door and saw
Hoyt lying in the street. He did not
see either party at the time the shot
was fired.
1t is on this testimony that the state
relies in the main, as there is little else
Hoyt was brought to Wallace and plac-
ed in the hospital. The next day. hav-
ng been advised by the physician that
The man was in a dying condition, the
district attorney and justice of the
)eace here went up to take his dying
statement. Justice John NJ. Finn and
c. w. Beale both testified to
his, the latter going more into the de-
ails, as he had taken notes at the
line. Hoyt was then speeches., the
Dall having entered at his chin and gone
nto his throat, and the only innforma-
ion to be gained was by asking ques-
ions ansWerable by yes or no, and he |
by nodding or shaking his |
head. Little was learned from il be- |
'ond the fact that Hoyt claimed Lewis |
lad shot him. H is statement was that |
lie had struck Lewis with his open |
land and an hour later Lewis shot him. |
'ut what occurred just prior to the |
hOoting was not told.
DR., Stone testified as to the nature cf |
he wound, and that it was the cause |
If death. Other witnesses told of how |
,EwiS psnanal from, the 1tfirprs. ut he
line of his preliminary hearing and
Vas found few hours later in lodg-
ng house, having armed himself with
l revolver in the meantime. At the
close of the day the defense had exam
ned all the witnesses subpoenaed except
one.
In its cross examination of the states
witnesses the defense has shown enough
to indicate that the plea will be self
defense. and there is the possibility of
some interesting testimony regarding
the escape of Lewis from the officers.