The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-04-26
DIX HELD
RESPONSIBLE
FOR DEATH OF BEN DAVIS,
TIE BARTENDER.
NO EYE WITNESS OF DEED
John Smith Saw Dix Shooting
at Davis-Dix Wouldn't
Testify.
NO EYE WITNESS OF DEED

The coroner's inquest called for the
purpose of investigating the shooting
of Ben Davis by Seth Dix, as report
ed in yesterdays Gazette, was held
yesterday afternoon in DR.. James
Chapple's office. the coroner and jury
not returning from the scene of the
\ trouble until early Thursday morning.
AS there was no eye witness to the
shooting, except John L. Smith and
he did not see Davis point his gun at
Dix, the latter will have to stand trial
4 for Davis murder.
/ Smith was the only witness exam
ined as to the facts connected with the
/ killing. He testified that he was ac-
4 quainted with both Davis and Dix,
the latter of whom worked for him.
Last Wednesday he and Dix were trav-
cling toward this city, arriving at the
| Wells road ranch that afternoon,
/ where he saw Davis. They stopped
4 and went in and had a drink. They
remained there about 20 minutes. Dix
! treated and afterward the witness did
likewise, giving Davis a IS bill in
payment, receiving $4.75 in change.
Dix thought that he had been chargeu
/ more for .ne same number OF drinks
than the w..ness and declared that he
had been short changed" there be-
fore Davis denied the charge, but
1 Dix insisted and said that while Smith
had been charged only 81 for treating
the house, he, Dix, had had to pay
$3.50, and but nine or ten persons had
taken something. Davis replied that
it mattered not what he did with
Smith. The witness said that Dix was
quite intoxicated and continued argu-
ing, claiming that he had not received
his proper change. Davis had replied
that "by God he didn't rectify any
backdoings or accounts" Dix had
again repeated that he had given Dav-
is SIS gold piece and received only
$3.50 back in change.
II About this time Smith said he was
getting tired of the talk and started
to leave the place, stepping past Dix
ana got outside the door four or five
feet when he heard Davis say, 'sYou
s. of a I'll give you change, .
duu Ju0 uCAC CAluS uC 1Odlu was CAC
report of gun.
In answer to a question from the
county attorney Smith said that be-
fore leaving the house he had told
Dix to come, as it was getting late,
telling him there was no use to argue
over the matter.
/ On hearing the gun report he ran
to his team about 20 feet away, and
grabbed the lines, and then turned and
saw DIX backing out of the door shoot
ing. Dix stood little to the left of
the door shooting in.
! When the shooting ceased Dix
started off toward the stable in the
direction of Blue creek. Smith then
went into the house, looked over the
bar and saw Davis lying down. He
spoke to him and receiving no reply,
went around the bar to where Davis
lay and asked him if he was badly
hurt. He received no reply, and he
spoke louder and then took hold of
him. AS he did so he noticed that
Davis held six-shooter in his hand.
The weapon fell out of his hand when
4 Smith went to turn MIN over. AS he
turned him up Davis looked as though
he was still alive, but seemed to die
while he held him.
Smith said he saw a cut on Davis
forehead, which looked to him like a
small bullet wound. omlLn then went
back into the kitchen, he said, and
looked for rifle, but could not find
any. He then went out to his team
and caught up his saddle horse, which
he had been leading when he came
there. He tied his team near the
stable and the saddle horse to the
wagon. Then he started out to the
creek to look for Dix. He did not find
him there, but saw him about 900
i yards away, near the hills. Dix
stopped and seemeu to get behind a
fence post and lie down. Smith mo-
i toned to him several times before
Dix started to come. Dix came around
and when near enough SmiLn began
talking to him and told him to come
! up to the wagon and give up his gun.
i This Dix did, when Smith told him to
get into the wagon and consider him
self under arrest. Dix had gun in
his hand.
The gun was here exhibited and
identined by smith as the gun.
/ Smith said he had seen Dix have
the gun before same day. He
said he had had conversation with
Dix about the gun. Dix being drunk
and handling it carelesly. He saw
Dix have three shells besides the fve
in the gun. He said Dix had gotten
the cartridges from him at the ranch
early in the day. lie did not know
how many shots were fired at the Wells
ranch. He had conversation with
Dix between his ranch and Wells, 1t
seeming to him that Dix. like all
drunken men, wanted to shoot on his
! ~nvH0Vy tn n
when, at the Wells ranch, he asked
thim to leave and stop his arguing