Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-02
IS CHARGED
WITH ASSAULT
FRANK CoNNORS HELD IN $1,000
BONDS TO AWAIT TRIAL IN
DISTRICT COURT.
STORY OF ENCOUNTER
TOLD IN COURT.
Failing to Secure Bonds He Went to
Jail-Judgment on Pleadings-
Suit for LABOR Performed.

Frank Connors was given a prelimin-
airy hearing in Justice Nichols court to-
day on charge of assault in the second
degree on Charles DarnS,adt near the
corner of Main street and Broadway
about four o'clock in the morning of De
cenber 30. and held to await the action
of the district court. his bond being
fixed a. $1,000. Not being we'll supplied
with money. he was sent to Jail. Con-
nors was represented by w. w. Likens
and the state by Roy S. Alley and Frank
Il. Riley.
In giving his testimony Darnstadt said
he resided on west Copper street and
was miner. On the night of December
II James Casey and himself had gone
to the Casino to see the show. During
the night Casey had lost himself in the
shuttle. Il started home about O'Clock
III the morning. sard Darnstadt, my
route being UP Main street. When be-
tween Park and Br "a 3"ay Connors came
UP, threw one arm around my neck and
Struck me two or three blows with the
d!senSaSed hand then he let go and
knocked me down. following the assault
10y graboing at my watch. l grabbed
for the watch. too. and also Connors and
caught both. Then l called for help and
a policeman came up and ed Con-
nors.'
The cross examination of Mr. Darn.
Stadt was very complete. He was COM
peIled 70 tel! where he was born, how
long ago the event had taken place, how
long he remained in 'that section aftar
birth, the occupation he followed while
there and score of other phases of his
eastern career. Then he was uuesti9ne,1
ABOUT his advent in Montana. tho occu.
patton he had followed since coming hero
ana every movement he made or Nigh.
nave made between dark on the MIGHT
OF DceInbr u and the time of his rnee,ins,
with Connors about o'clock on the fol-
rowing morning. In describing this
meeting he said:
Connors hit me three or four swipes
with his right hand while he held ma
with the left, and then gave me the
les,' meaning by the Leg that Con.
nors had tripped him.
The colloquy between Darnstadt and
the defendants attorney consumed con-
siderable time, and at the finish it was
ul1hcult to determine which had the best
OF 1t, Notwithstanding the former had
TO explain every little detail in connec-
ton with the encounter.
Policeman Jack Gray, who arrested
Connors at the time of the assault. tes-
Tilted that while patroiling his beat he
heard calls for help coming from near
the southeast corner of Main street and
Broadway. He had responded and found
Connors holding Darnstadt down on the
sidewalk. Darnstadt was lying fiat on
his back and was also holding to Con-
nors. The officer said he had taken
Connors to the city Jail and searched
nm, finding in one of his trouser pock-
cts knife, the large blade of which
was fully four or five inches long and
open. He further said that Darnstadt
had been drinking some, while Connors
appeared to be sober.
This closed the side of the prosecu-
ton, and the defense, having nothing
to offer in the way of testimony, asked
that the charge be dismissed, basing it's
right to recognition on the allegation
that the complaint did not state an Of
Tense.
The justice, however, failed to see
anything defective about the complaint
and refused to grant the request.
II shall hold the defendant to the dis
trict court said he, land fix his bond
at $1,000.'