The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-01
THEY WERE BOUND OVER
Phil Carr and Ike Cohen Must
Face a Jury.
CHARGE is A SERIOUS ONE
They Are Accused OF Attempted Crimi-
nal Assault on Mrs. James Dillon
and Also With Assault in
the Second Degree.

mitted on the 23rd of December, which
was begun last Friday, was concluded
yesterday in Justice Harrington's court,
resulting in the defendants being bound
over to the district court. AS at the
previous session, Chief Deputy County
Attorney Stivers prosecuted the case
and Attorney Thompson Campbell ap-
peared for the defendants.
James Dillon, the husband of the pros
ecuting witness, was recalled for
cross examination when the hearing
was resumed. Replying to Mr.. Camp
bells questions, he said he first saw the
defendants the night of December 23d
about o'clock, when they came to his
house. They demanded beer, and to
keep peace, witness went with Ike
Cohen to a road house to get it.
Mr.. Stivers was sworn and took the
stand to testify that Mrs. Dillon came
to his office to complain of the assault
He examined her and found bruises and
discolorations on her neck, bosom and
face which appeared comparatively
fresh. Cross-examined by Mr.. Camp
bell, Mr.. Stivers said he was a grad
uate in medicine, but was not a practic-
ing physician, and his examina ton had
been made in the capacity of a. prose-
cutting officer, and not as a physician.
The state rested and Mr.. Campbell
moved to dismiss, and on the motion
being overruled, Phil Carr, one of the
defendants. was called. He tes-
titled that he had known the billions
four years and had frequently visited
them. On the night of Dec. 90 he and
Cohen were on their way to Berti Bros.
ranch h1IGinaGs w he, ha1 a
billions in the road about a quarter of
mile from their home, which was near
the city dump. Both joined in an invi-
tation to the defendants to visit their
house, which the witness declined, as he
did not have time. The billions pressed
the invitation and said If defendants
would come they would have some beer.
Witness and Cohen finally accepted the
invitation and went to a small barn
near by to put up their horses. While
thus engaged, Dillon produced a hatchet
and Mrs. Dillon a butcher knife, and
threatened to kill witness for having
been the cause of having Mrs. DilIon's
children sent to the poor farm. They
proceeded to attempt to carry out the
threat, Dillon striking witness on the
head and shin with the Ratchet and
Mrs. Dillon cutting him in the left side,
the right arm and in the back with
the knife. The knife thrustS caused
wounds, but the blows with the hatchet
did not. Witness exhibited cuts or holes
in his clothing which he said were ma lie
by the knife. Witness denied that there
was any truth in the statements made
by, Mrs Dillon and her husband in their
testimony, said that neither he nor
Cohen entered their house at all, that he
fought them off as best he could when
they assaulted him, and after the as
sault, Mr.. and Mrs. Dillon went in
the direction Of their house, and de-
PENDANTS came to town without proceed
ing on their original errand.
Cross-examined by Mr.. Stivers, Carr
admitted he had previously been con-
victed of a felony, and in response to
further questions said he and Cohen re-
manned in Butte till the Monday follow
ing the 23rd of December. He, and Co.
hen then left for Idaho, but not to es-
cape arrest, as they did not know there
was warrant out for their arrest.
Ike Cohen next took the stand. He
denied being at the house of the Dill
Inns the night the assault is alleged to
have occurred, and proceeded to tell the
same story Carr had related, that ne
and Carr while horseback on their way
to the Berti Bros ranch, met the Dill
Ions in the road about a quarter of
mile from their home. Dillon invited
them to the house, but they declined
to go as they did not have time, but
the billions insisted, and said if they
would come over they would have some
beer. Witness and Carr at length de-
cided to go, and went to a stable 200 or
300 yards away to put up their horses.
While they were in the stable they
were attacked by Mr.. and Mrs. Dillon,
the former having a Ratchet and the
th,. tphn ,,Iy ,if lrn ,a1
to kill Carr because he had been in
in sending Mr.. Dillon's child
rem to the poor farm Dillon struck Carr
with the Ratchet, on the head, but did
not do any great injury, and Mrs. Dill
Ion cut him with the knife, cutting him
In the region of the abdomen. On cross
examination the witness said he stood
by and witnessed the assault, but did
not interfere beyond asking the billions
not to both kill Carr
Guy BERT was next called. He said
that about $50 o'clock the evening CT
Dec. 20, Mrs. Dillon came to his house
and said Phil Carr was after her. He
did not see Carr, however, and he could
not tell whether she was intoxicated or
not. Cross examined, the witness said
it was dark and he could not tell
Mrs. Dillon was excited or not.
Mr.. Stivers in opening the argument,
aayed the defendants in strong Ian
suage, and said that in view of Cars
testimony that he had been previously
convicted of a felony, and of the past
record of both defendants he did not
believe their denial of the truth of the
allegations Of the prosecuting witness
and her husband was to be credited over
he testimony of the states witnesses
Mr.. Campbell made a strong plea for
lis clients, holding that the charges
made by Mrs. Dillon were trumped up
% get even with Carr for having had
Ter children sent to the poor farm, and
lfter brief reply by Mr.. Stivers, Judge
made his order binding the
defendants over and fixing their bail
1t $500 each, which they were unable to
furnish, and were remanded to the Gus
ody of the sheriff to await trial.