Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1900-12-19

the quarrel n; the sheds on the 2Oih
and Mccartney detailed the features
uf that affair. He sad he was shear
Ing in pen some distance from the
quarrel und heard little except IA sur
plus Of swearing, most of which was
directed by Brown to Gowans.
On the cross examination by At
tOrney Walsh Mccartney was able to
recall an additional threat made by
Brown. This was at the dinner table
the same day Of the shooting, Brown
saying You red headed what
are you gazing at me for; you cun get
all OF me you want" Mr.. Walsh \
effort to have Mccartney reduce time
between quarrel and shot, failed.
Witness said that when Gowans ap-
preached shed with gun Brown said
Look out boys, he's got "A gun"
Mccartney said that when he came
from dinner table he stopped n few
moments at the bunk house, VIII, re
he knew there were several guns, SO
as to be able to prevent either Brown
or Gowans obtaining n weapon aud
that when he left he had made up his
mind the trouble was over ms both
men were continuing their dinner ana
quarreling no further.
From Robert Finley, ons Of the
shearers, practically the same story
was secured. Finley said that when
Brown threatened Gowans at the
table Gowans said Brownie, you've
never killed no one yet" and later,
brownie, | amt the man you take
me to be- In the shed Brown
had said Don't let him shoot me,
boys" After killing Brown, Gowans
said Boys, you all know what
killed Brownie for" Gowans, a few
moments after. changed his clothes
and said he was going to town to
give himself up. Oi the first quarrel
at the shed on the 10Th, Witness Fin
ley had heard ii all. 1t began by
Brown iush!ng Gowans about II fight
Gowans had hud with Nick Wcltrr.
Following each iOshcd the other
about buying Il side saddle for his
girl and the girl quitting him. Then
GOwans demanded OF Brown SO
which he claimed Brown owed him
after the purchase Of some oil aud
shearing supplies. Brown then went
TO pens and abused Gowaus.
The cross examination explained
That Brown was angered by Gowans
dunning him for this money in the
crowd, especially when Gowans knew
Brown had no money. Brown had
then made some sort of threat to kill
Guwans.
Willard Holt, another OF the shear
ers, threw no new light on the case,
except to give the time between the
quarrel and the shot at ten minutes.
The cross examination elected no.
thing.
John j. Golf, the cook, gave his
version, which was about the same.
He said he had addressed the question
concerning the Anderson girl to
Brown, not Gowans. He said il was
about fifteen or twenty minutes after
the quarrel when Brown was killed.
Questions by the court brought out
the statement that from where Cow
ans sat at the table he could have
seen Brown leave the house. This
was important because the defense
evideRtly desired to raise the question
in the minds OF the jury whether or
not Brown had gone to the shack
and got his gun after leaving the
table and before going to the grind
ing shed.
DR.. W. A. Long testified to being
called to the hospital on the 23rd Of
June last and there. with DR.. Lind
sey dressing a wound In Chas. Brown
and the following day holding an
autopsy. He said the bullet entered
from behind and its exit was about
two inches to left of naval in the
front. The defense attempted to ocast
doubt upon the corpus delicti, and
DR.. Long not having known Brown
and not being able to testify post
lively that the man he waited upon
was Brown, William Medigar, the
hospital contractor, was called. lie
had known Brown in his life time
and testified positively that the body
was that of Brown.
This closed the case for the state
Attorney Won Tobel made the open
Ing statement for the defense and
from his remarks IL was evident that
the defense rested on the plea oiiusti-
iication because of Browns threats.
10 several it als8appcarcd that the
defense had no hope uf acquittnl but
was really only lighting To save
GOwnn's life or long term OF i'm
prisOnmcnt.
The defendant Guwans was the
first and almost the only important
witness in his own behalf. lie detail
ed the story of his early life, saying
he was born in Scotland tiirty-two
years ago, had come To this country
at the age oi eighteen and for time
worked 10 u stone yard in Brooklyn.
He had made his home near Alpine
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