The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-13
F|TCHEN SHOOTING
MAN WHO SHOT SALOON KEEPER
IN APRIL ON TRIAL.
ASSAULT IN FIRST DEGREE
]. B. johnson the Defendant-dus
Fitchen the Complaining Witness
Kitchen Shot Under Sa-
loon Bar.

The trial Of ]. B. johnson. charged
W. IN the crime of assault in the first de-
gree for shooting Gus Fitchen, a saloon
| man, in the back on April s. 1901, began
in Judge McClernan's court this morning.
The trial was still in progress at noon.
.Ahe shooting took place in Fitchens
saloon on South Main street at about
Il 80 o'clock at night, and it followed
slap in the face administered to Johnson
by Fitchen after the former had applied
a vile name to the latter. The shooting
was an affair of rather peculiar charac-
| ter.
Starts Up the Stairs.
According to an account of the shoot
ing given at the time it happened, john
son entered Kitchens saloon a half an
hour before it occurred and started up
the stairs leading to the living rooms on
the second floor. Fitchen stopped him
with an inquiry as to where he was go
ing. Johnson replied that he was going
up to his room.
Titchen said Johnson had no room in
the louise. Then Johnson said he was
going up to see woman who roOmed
there. and he went up stairs and stayed
tnefe NAH an HOuF. witch lie CdIIIc OONH
he took a drink at the bar, and Fitcfen
apolosiZed for accosting him so rudely
at first.
At that Johnson is said to have applied
vulgar epithet to Pitcher, saying at
the same time, well, you all look alike
to me-
Fitchen reached over the bar then and
slapped Johnson's face. The account says
that Johnson deliberately pulle. out re-
volver at that and shot Fitchen in the
back, as the latter was trying to crawl
under the bar.
Makes Haste to Escape.
Fitchen made haste to escape from
| range under the bar as he saw the re-
volver coming into sight, and Johnson
is accused of leaning over the bar in or
der to shoot him.
1t was thought F'itchen would die of
the wound, but he was In court this
morning in apparently good condition.
johnson was said to be somewhat af-
fected by liquor When the shooting oc-
Cured, and to be indifferent to conse-
quences.
Johnson was once subscription agent
for newspaper, the Helena Independ-
ent. and at one time clerk in the First
National bank at Moscow, Idaho. Prior
to the shooting he ran All employment
agency in the Owsey block. He has been
at liberty on cash bond of $500.
Fitchen told all interesting story of
the shooting on the witness stand this
morning when the case opened He tes-
tilted that johnson came into his saloon
and started upstairs.
laid I, I beg your pardon. mister,
where are you going?' l said that twice,
but l got no reply.
T-o~,o Do1,;,,1 %l,o Dor
"Then I came out from behind the bar
and asked him again. He said he was
% ng to his room. 1 said, I beg your
pardon, what room?' He said room Is,
and I told him he was mistaken, as that
was occupied by another man. Then he
said he was going up to see a young lady
friend.
'Then l had an idea, because there was
| only one young woman in the house.
1T wasn't eight minutes till he came
back and got a glass of beer,' Fitchen
testified.
Fitchen then related that he said while
Johnson was drinking. II beg your par
don for being so inquisitive before. But
didn't know where you were going"
Then Fitchen said Johnson claimed wit
ness didn't owe him any apology, and
that Fitchen was something which john
that they were all characters of the
same kind, applying the same epithet to
them"
Did Not Know Him.
After that Fitchen said that he told
Johnson that the latter did not know him
and he did not know johnson, and that
Johnson replied that they were all alike,
applying the vile epithet again.
Then Fitchen called Johnson a liar, of
kind that he described by the use of
the same epithet employed by Johnson
He testified that as he said that he
reached over and slapped Johnson's face,
saying, you bet I'm not the same kind"
Then johnson began to tumble with his
hip pocket, and Fitchen said to him,
Have you got gum"
Fitchen testi..ed that Johnson replied,
'rll get YOU"
"At that ducked," said F'itchen, "as
he came up to the bar. I got under the
bar behind board and I was congratu-
1ating myself that he couldn't shoot me
because of the board
But he leaned over, and away the gun
| went. Well, when I got shot, I said.
Well, you got me, but don't shoot again.
Told to Keep Quiet.
Fitchen said that Johnson told his bar
tender to keep quiet, and that the bar
tender got down and crawled along by
the bar and got away from the saloon