Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-09
POLLOCK IS HELD
MADE NO DEFENSE IN PRELIM-
MARY TRIAL. ~
AN ODD CASE OF SMALLPOX.
Contracted the Disease Thirty DAVIS
After Exposure-Eugene Hill is
Dead. f,
AN ODD CASE OF SMALLPOX.
t..
Livingston, Mont, February s.

Livingston, Mont, February s.
Inc pref. mlnary eXaminat ton of Guy
Pollock, charged with assault in the first
degree in having attempted to XIII Frank
Buttery, was held at the city hall YES
terday. County Attorney Miller prose-
cuted, and the defense was represented
by Attorney John II. Smith. The ex-
animation revealed the other side OF. the
story, Poilock's side having been gwen
IN the Inter Mountain of Tuesday The
defense did not place witness on the
s'ahu, out merely remained passive, saw
ing their plea for the district COURT,
Frank A. Buttery, the complainine
witness, was placed upon the stand by
the prosecution and told the story of
the affair in his own words. He adm. t.
ted most of the facts as told by youns
POLLOCK to the Inter Mountain, but his
story differs just enough in detail to
i hrow all the blame on the other side
According to Butterys testimony, he
had had a sort of settlement with Pol
lock the evening before the shooting
ARRAY. He, however, claims that he had
never received a cent for the patching
out1lt over which the trouble arose
Pollock told him that he was going to
leaVe Trail creek the next day, and that
he wished Buttery would take his team
ana move his patching outfit down to
Pol!ock's fathers cabin. This Buttery
agreed to do. Accordingly, Buttery
loaded the outfit into his Sleigh and in
company with Pollock, started to the
cabin OF the latter's father When they
reached the cabin Pollock said That's
good, meaning for Battery to stop
instead OF dong so, Buttery struck the
horses a sharp crack with his whip and
started for the store, saying:
m not going to let you take those
good and give them to your father
When you have never paid me for Them"
Pollock, says Buttery, picked up
lamp chimney and made motion to
strike the witness. Buttery placed his
hand on his pistol ana said: Don't do
that, or In hurt you"
The threat had the desired effect and
Pollock desisted. Arriving at the store,
Pollock helped. Buttery unload the out
tit ana followed him into the store.
Here witness asked Polocts for $40 more
on account. Pollock refused tosgive i;
to him, claiming that has-only had SIS
With which to leave the camp.
Buttery denied having pulled gun
on Pollock, or having made any threats
of whatever nature. The story that tPOi-
lock only had SIS looks ~ lttle fishy, in
View of the fact that he had SAL OH his
person when arrested. t:,'
Later in the day Buttery went to the
cabin occupied by Pollock and a miner
named Gibson, intending to inform the
latter that the train would not be up on
the branch that day, and that he could
not take his trunk to the sidetrack as
Buttery had agreed to do. Witness had
$40 In,
heard a shot. He knocked again and
another shot was fired. AS he turned
around third shot was fired, at which
Buttery's team, standing about 100 feet
away. started to run. Buttery caught
them, got in the Sleigh and drove Off
One of the horses was shot through the
nose. He did not try to break into the
cabin. Had no intention of stealing
Pollock's trunk and holding it for the
debt which the latter owed him. He saw
Pollock get up on the railway track
and shout something. but did not hear
what it was. Pollock was $50 feet frofn
Buttery when he fired the shots. The
shot which struck the horse did not miss
witness II inches. The bullet, had it
been line shot, would have struck wit
ness in the shoulder.
Tom Boucher Buttery's brother-in-
law, testified to having met Pollock
few moments after the shooting. Pot
lock had a Winchester in his hand. Wit
ness asked him what he had been Shoot
ing at. Pollock replied:
I've been shooting at your brother
in-law. I'll kill the -
This ended the testimony. The de-
Tense declined to put in it's case, asking
that the judge make the bond as light
as possible.
Judge Bender bound the defendant
over to the district court under bonds Of
5000, which We're furnished the same
day.
DR.. B. l.. Pampel, president of the
county board of health, returned last
evening from Fridley. where he went to
Investigate case of smallpox. He re-
ports the case to be a very we'll devel-
oped one, and that twelve people have
been exposed. He left DR.. Carney in