Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-05-29

Robinson ana scullle ensued il
which the plaintiff was stabbed. II,
also stated that Joe Lock and Jane,
Lyons left the room on the com
mencement Of the fight and did not
return until IL was all over. The
witness said that Robinson, on see
ing the wounded man, said 81 didn't
intend to do it, and offered 10 help
the wounded man.
| Jesse Wood, who gave his residence IS Deer.
field, said he was riding the range on the l7tl
Of April and stopped that night al Geo. Kntn'.
ranch, where he saw Robinson who said that
he had had trouble at Knerr's, that Kennedy
jumped onto him and and nc had tu cut him
and that Jake Kneu was the cause of the trou-
bic and needed cutting himself, The wi,nes.
stated that Robinson said that Kennedy had
struck him in the mouth, but he guessed he
had not hurt him.
DIR. Gaylord Mccoy WAS called on behalf OF
the state in the capacity of the medical attend
ant of the wounded man. lie said he was
| called to attend Kennedy on the night OF the
18th Of April and arrived at the Kner Bros.
ranch at q clock in the morning. He found
Kennedy lying on the floor with part Of bis
stomach and ten feet Of entmils protrudng
from four-inch incsiun in the abd0man He
stated that there were several punctures in
kennedy's back one in his right thigh and
two fingers of his right handseyerely cut. The
doctor said that when he arrived the ntestines
..f 4 Al.
alongside his abdomen. and the tart Of the
stomach which protruded was much swollen
and dstcndcd with gas.
Raleigh Kner, the 1G-year-uld nephew OF
Jake Kncrr, said that during trip he made to
Stanford with John Robinson. the defendant,
had told him that Jake knerr and Kennedy
had heen lying about him and that II they ever
said anything to him he would fix them. This
completed the evidence On behalf Of the state.
which here rested.
i. +. Smith, the counsel fof defense. asked
for dismissal OF tie case on the ground that
no evidence had been produced which showed
the injuries received by Kennedy 'p be of a
serious OF fatal nature.
The state here recalled Dr. Mccoy, who
stated that wound Of the nature received Ly
Kennedy would In many cases prove fatll,
The only WITNESSES produced by the defense
were J. VI. Robinson and DR.. Mccoy. whowas
calledto testify toa former illness ofdefrndant.
John VI. Robinson, tie defendant, ON being
placed on the stand stated that he was % years
of age and had come 10 Montana from Arkansas
Three years ago. having been employed the
whole Of that time NJ the ranch Of knerr Bros.
on Coyote creek. The defendant said that he
had been sick fora month before the trouble
between himself and Kennedy and al the time
was considerably under the weather. On the
18th Of April he was helping set posts un Wolf
creek, was taken sick and went tu the ranch.
When he arrived there he saw Jake knerr and
asked him the reason hr WAS going tu lire him
and why he had been mad at him. Knerr said
that John Kennedy had told him that he Rob
inson) had said that "he never went with girl
for any length of time without getting the best
Of her" Robinson said that he told Jake
knerr that he never made any such statement.
whercupon kncr said he would ask Kennedy
to face him with it that night. The defendant
stated that he said lie was too sick and went up
stairs to bed, suffering from high fever Said
he came downstairs at O'Clock. having put
on an old pair Of slippers, the sole of one COM
ing loose on tile trip down stairs, which he cut
or with his pocket knife. He says he shut the
knife butstll retained il in his hand, and on
stepping into the room saw Kennedy sitting at
the table and thought it was a good opportun-
ity to ask him what he had been saying about
him. He asked Kennedy why he had told
Jake kneu lies about him. Kennedy sMdthey
were not lies and he was d ID liar II lie sald
they were and rose from the table in threat
ening manner The defendant slld he asked
Kennedy not to hit him, which he did, and
Robinson said that the Grst thing he remem-
bered was clinchng and being thrown around
the room. He said he thought ifhe cut Ken
nedy little he would quit, So he opened the
knife, which he WAS still carrying in his hand.
and the next thing he remembered was Jake
kneu telling HIN oqut. The defendant said
he told Kennedy he was willing 10 quit If he
was. and they separated. He said Kennedy
pulled up his shir and said lie was cut in the
belly. He told Kennedy he did not mean to
cut him like that and helped him to the bed,
telling him that If he had not struck him the
trouble would not have occurred. SAID he had
previous trouble with Kennedy. who got mad
over trltle and called him altar. at which time
he kept quiet to prevent trouble.
On being cross examined the defendant
stated that he did not say that either Kennedy
or he had to die. and did not make any threats
against Kennedy. lie also denied telling
George knerr that he had cut the CUTS out of
Kennedy and that he ought 10 have cut Jake
kner. The defendant said that he stopped at
George knerrs al night and went To the
knerr Bros ranch the next morning and set
tied up, gong from there 20 VIM. SlUyeT's, who
went with him intOt the bad lands to find his
brother, after finding whom, Robinson said he
Intended to come to Lewistown aud give HIM
self up, had not sheriff Shaw oyertaGen him.
Doctor Mccoy, who attcEded Robinson dur
ing his sickness was called. and stated that the
defendant had an attack ofla grippe about the
middle Of March but WAS not seriously in.
According to an alteration in the Law tile in
struchons were read to the jury by the court
before the arguments by counsel
County Attorney Bclden, in his first remarks
TO the jury, rchearsed the evidence and cx-
planned several points which had not been
brought forward in the evidence.
Frank smith, as counsel for the defense. based
his argument on the line Of self defense and
abJuted the Jury not Ia be guilty Of condemn
ing man who had hitherto no stain on his
character To associate with criminals ut the
lowest class In the state prison. He accused
the testimony given 10 suit themselves and
after explaining 10 the jury in an eloquent
manner that the defendant had done no more
ihan any man would do ~ Ike circumstances,
left the case In their hands.
The states last address iothe jury by County
Attorney Belden was an eloquent plea for the
upholdng Of law and order and the necessity
OF protecting the public and society from acts
OF violence as committed By defendant. He
stated that II was only through the promptness
and efficiency 81 Dr. Mccoy that the defend
ant was not being tried for murder Instead OF
assault. He ridculed the evidence uf shelton
and stated that although he thought under or
dinary circumstances the young man was
truthful yet the prevaricatiOn In his testimony
was only too apparent
He reheasrcd and criticised the evidence in
very brilliant and complete manner and
wound up by reminding the jury of the duty
they owed 10 society 10 suppress crme of this
description.
The jury retired at las .. m and agreed on a
verdict convicting j. VI. Robinson Of assault
in the sergnn ltsvFtts n having 10