The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-21
ANACONDA NEWS.
THE EVIDENCE is ALL IN
Sheppard Murder Case Will Go
! to the Jury To-Day.
ARGUMENTS OF COUNSEL
Duffy Will Close the Addresses to
the Jury This Morning The
Evidence Introduced for
the Defense.

T.
m Charles Sheppard, the man accused
iiOf the murder of John Benson, will
sdoubtless know his fate before the sun
ySeets this evening. The defense intro
i3uced its testimony yesterday and al
ii<eady portion of the arguments to the
iS2ury has been made. Mr.. Duffy will
9aake his closing address this morning,
NATTER which the case will be given to
asathe jury.
M, The defense put the defendant him
ltself upon the stand yesterday. He
gETuesday Nov. /, at 8 o'clock in the
IEafternoon. the day following the Mon
ikkday upon which Benson was last seen
SSalive, according to the testimony of
isseveral witnesses for the state. Shep-
ffpard also testified that he had never
jssseen Ike B. Sheldon, the man who said
The saw Sheppard poking pole in the
4 river and afterwards saw him with
wet shoes and trousers on. Sheppard
said he had not worn the hobnailed
shoes for a week or more prior to the
Ftime they were found in an alleged
wet state.
4 When the Sheppard murder trial was
tagain taken up yesterday morning in
Athe district court, Mr. Walsh, the at
storney for the defendant, moved that
1.-THE information be dismissed and the
5defendant discharged, on the ground
$that the state had failed to introduce
sevidence sufficient to constitute a cause
sof action. The motion was overruled
and the defense opened.
In his opening statement to the jury,
Mr.. Walsh outlined his defense. He
promised to prove by competent testi-
mony that there never had been quar-
rel between the defendant and the de-
\ ceased, and consequently no motive for
1.-THE crime; that Benson and Sheppard
shad been around town in Deer Lodge
Sdrinking and had parted at o'clock on
Tuesday morning, the defendant going
home and Benson returning to town or
going to some other place: that the
shoe tracks We're not made with the
shoes introduced in evidence; that the
shoes in question had not been on
Sheppard's feet for week prior to the
finding of the body, or since Benson
Swas seen alive; that they had been in
sSheppard's roll of blankets at the sa-
,loon of Noise. Menard during all this
stime: that the defendant had on an
entirely different pair of shoes on the
arnorning the witness Sheldon said he
saw him with the hob-nailed shoes on.
sthat the defendant, when arrested, had
willingly told the officers where the
.hob-nailed shoes were. 4& )
= After the statement to the jury,
Charles Sheppard, the defendant, was
put on the stand. He said he was II
years old; that he was residing at Deer
dodge for couple of months prior to
Nov. 6: that prior to that time he had
worked in Butte and earlier on the Sec
stion between Missoula and De Smet
q The witness had known Benson for
about two months; Benson worked with
him on the section at Deer Lodge.
q Where did the men on the section
ssleep?"
Y Benson slept in the clubhouse, near
Abe boarding house; slept i'm the tank
thos.se. I slept there with a man named
Coffee and Harry MCGOWAN about three
weeks prior to pay day. Oct. 22.'
z How much money did you draw on
pay day."
II had two pay days. one on Nov. %,
when I drew $S1S5, and another during
the fore part of November, when drew
,$21.65. Benson worked on the section
as long as 1 did, except that I worked
half day more-I went to work in the
morning and he at noon, and quit on
Saturday, Oct. 29.'
i, after you quit the service of the
Company, where did you sleep?"
I'm the bunkhouse, the place where
slept before"
Did you sleep there Saturday, Sun
day and Monday nights, Oct. go, 80
and 31?"
y IT did"
y When did you move your clothing to
Noise Menard's saloon?'
ION Monday, Oct b.
" The witness said the clothing con-
sisted of pair of double blankets, a
vest, pair of trousers, a pair of shoes.
shirt and underclothing. The shoes
, which the state introduced in evidence
were his and were the ones which he
had taken to the saloon.
DO you know where the shoes have
been since you took them to Menard's
saloon tp to Nov. 6?''
Yes, sir; they were in the back room
of the saloon all the time"
WAS that room kept locked, and If
so, who had the key?"
sit was; Mr.. Menard sometimes had
the key, and at other times the bar
tender had the key
Estate if you had those shoes on your
feet at any time during the period
elapsing between Oct. 81 and Nov. 6, in
the afternoon?''
II did not
Asked concerning his and Benson's
habits, with reference to drinking and
the like, the witness replied that they
used to go to town about twice a
week.
Were you in town Saturday night,
Oct. 29?'
II was"
State where you were?"
Il was in two saloons with Benson.
uanRAR-n un>us.