Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1901-12-25

frozen condition. He stated that he
had occasion to visit the poor farm
while SINNERS was alive and had
asked him who struck him. SINNERS
said that Hugh Lackey had hit him
with handspike and on being furth
er questioned gave the same answer.
Chas. Z. Long on being sworn gave
testimony to the effect that he did not
know SINNERS personally but knew
him well by sight. He stated that
about the third or fourth OF October
he was passing by where SINNERS
and Hugh Lackey were engaged IN
getting out logs. short distance west
OF the Kendall hotel, and heard jan.
gle going on between the two men.
He said that LaclSey was driving
the team up nil and SINNERS was
walking in the same direction: they
seemed to be having an alteration
and stopped about eight feet apart.
SINNERS made a motion with an AK
as II to strike Lackey; the latter drop
ped the lines and said: IF you want
any of that will give You enough of
II" and Immediately picked up T,
handspike about four feet long, and
started for SINNERS. who ran around
the team. Lackey eventually over.
took him and struck him on the head
but failed to knock him down; hc
struck him again and SINNERS fell
afterwards raising on his arm when
Lackey said: Mike for a little
would kill you" whereupon SINNERS
said: You needn't mind, you have
already done It,"
On being questioned the witness
said that SINNERS made no attempt
to use his ak after the first motion
but carried II In his hand until he
fell. Later on in the day the witness
saw SINNERS down town and talked
with him while sitting alongside OF
him outside OF Swansons saloon
There he saw where SINNERS hai
been struck both on top OF the head
and also at the back of the skull: he
was also bleeding at the left ear and
seemed in a dazed condition
Mr.. Long further stated that there
was another man with SINNERS and
Lackey who endeavored to get the
latter to quit striking SINNERS but
without success: he aid not know thu
third mans name and would not know
him IL he saw him.
Maurice VI. Wells was then placed
on the stand and stated that he saw
Mike SINNERS. Hugh Lackey and an
other man whom he did not know
camped three-quarters of a mile oui
o. Kendall he knew tnat SINNERS
had trouble with Lackey about the III
OF October and he met the injured
man short time afterwards ant
thought that he did not talk In a ra
tional manner. The witness said thai
he had a conversation with Lackey
two hours after the trouble with Shin
ners and Lackey said to him: Il hat
a fight and | ought to kill the OLE
s. Of b." Lackey also made thu
remark that he hit SINNERS with 9
club. and said the row was over ar
account which SINNERS denied owint
him. Lackey told the witness tina
SINNERS threatened him with an ak,
before he got the club.
Doctor Wilson then testified to tn
effect that he had visited SINNERS II
the county jail on the 1ith of Decem
ber and found him In such a condi
tion that he ordered him taken % tn,
county hospital al the poor farm. HI
attended him there and on the da!
before he died SINNERS was seeming
ly much better and sat up on the
edge Of the bed and talked in a ra
tional manner. The doctor said tha
he questioned the injured man as I,
how he received his injuries. to whicl
he replied that Lacke- had hit hin
with a handspike and hurt him, ant
did not seem to remember having an,
trouble with Brooks at all.
The witness said that he performe,
the autopsy with the assistance OF Dr
r. s. Hedges and found that the skull
was fractured on the left side below
the parietal bone; the bones OF tn
skull near the fracture we're not dc
pressed and showed evidences of tn,
injury having been done some time
On the right side. opposite the frac
ture. small blood clot was presen
and the brain matter was diseased. al
abcess having formed. The docto
attributed the cause of death to tn
blow received on the left side Of tn,
head which resulted in the formation
OF the abcess and the blood clot. III
stated that no recent injury woul'
cause the brain to assume the condI
ton in which II was found at the au
topsy and said that he didn't think tina
injuries received as late as thel1tl
Of December could cause such condi
tions. although injuries might hav,
been received that aggravated the ex
isting conditions.
II was stated by the witness tina
death was inevitable from the blow
which fractured the skull and tha