Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1900-02-09
TURNED HIM LOOSE
Two Alleged Eye-Witnesses Come to the
Rescue of a Would-Be
Assassin.
sWORE SIM FIRED FIRST
Officers At Big Timber Relieve Witnesses
Of Their Shooting Irons A Knock
Down in Court.
,WORE SIM FIRED FIRST

Attorney Sydney Fox returned the
first Of the week from Big Timber,
where he assisted County Attorney
Hall in the prosecution of William
johnson on the charge OF assault i'll
the first degree in shooting Sim B..
Roberts. The hearing was held be
fore Justice Lee and in order to
avoid bloodshed during the progress
of the examination all the parties to
the vendetta We're relieved of their
shooting irons. It was found that
erybody interested in the feud was
armed to the teeth and when the
officers got through with the dis
arming process they had a pretty
good starter for an arsenal. AS a
further precaution against trouble in
the court room, the hearing was held
behind closed doors to the extent of
excluding everybody except the de-
fendant, the prosecuting witness, the
reporters, the officers and the at
torneys.
The story of the attempted assas-
sination was related by Mr.. Roberts
in clear and dispassionate manner.
He said as he passed the school
house on his way home on Il hay rack
he looked back and saw Johnson, the
brother Of tho man he killed iii Big
Timber last summer, standing in the
window. johnson Immediately
opened fire. The first shot passed
through Roberts right arm and he
fell forward upon the double trees,
remaining there during the continue
ance of the shooting. As he passed
a cabin a little further on, two men
il hiding, said to be Tom Burke and
a fellow named Friend, also blazed
away at Roberts, but none of the
bullets penetrated his anatomy, al
though his clothes and the laprobe
upon which he had been sitting were
fairly riddled with the shower Of
lead.
After the state rested the defense
demanded that the prosecution put
on the stand two alleged eye-witnesses,
William Hodgens and Sam Staples
Though the state objected, the motion
was sustained and the two men gave
testimony. They swore that they
saw the whole translation from a dis.
tance of about $50 yards and that
Roberts fired the first shot. They
declared that they saw Roberts, as lie
passed johnson on the road. turn
around and deliberately fire at John
son while his back was turned. Then
it was, they swore, that johnson cut
loose with his rifle. Mr.. Roberts,
however, denied this story and de-
clared that he never fired shot.
On motion of the defense, johnson
was discharged, but it is likely that
the accused will later have to answer
TO the district court just the same.
In this even, an effort will be made
to show that the two alleged eye
witnesses didn't see the shooting at
all. It is stated that it can be proven
that they were mile or two away 1t
the time and that therefore it would
have been impossible for them to have
witnessed the affair as they swore they
did.
Immediately after the defendant
was discharged, Tom Burke entered
the court room, under the pretext of
getting his coat. Instead of going to
where his coat was, however, he pro-
ceeded toward Roberts, who edged
away. But Burke continued to ad
vance and then Roberts let fly with
his left hand, dealing Burke blow
on the neck which sent him sprawling
on the floor. Happily, officers were
near at hand and bundled Burke out
into the hall, where he made futile
attempt to snatch a revolver from a
stock detective. When order had
been restored, the justice ordered
Roberts into custody, but as no
charge was preferred against him,
the order of the court was subsequent
ly vacated and Sim proceeded to his
ranch.
NATE YOUNG'S HISTORY.
Story About the Life OF the Man Roberts
Killed.
The Dupuyer Acantla, is /; recent