Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-06-25

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that way to me-" At this Pierce went
around to where Fisk sat and told
him that he had heard enough of that
kind of talk. The witness then came
out of the adjoining room and told
Fisk to either be decent or leave the
room. Fisk went out and dared Nate
Pierce to come out and fight him.
Pierce went out and a fight ensued
in which Fisk was worsted. Pierce
returned to the table and Fisk went
toward the cabin where he slept. In
few minutes the witness went out
to the wagon in which he had come
from Lewistown and met Fisk COM
ing toward the house where the din
ing room was located. He told Fisk
THAT he wished to speak with him,
to which Fisk replied. "go to he'll"
Witness then went to his wagon and
Fisk waited outside the dining room
door. In a few minutes Nate Pierce
came out of the dining room and
started toward the house where he
slept. Just after Pierce passed him
Fisk fired shot at him and imme-
diately fired again. The men grappled
and when the witness reached them
they were upon the ground. The wit
ness took a revolver from one of
them but was not sure which one IT
was. He thought Nate Pierce was on
top but ii was too dark to distinguish
objects readily. When witness spoke
to Nate Pierce he requested to be
taken into the bunk house to bed,
saying that Fisk had gotten him.
Witness took charge of Fisk and
stood guard over him part of the time
until the arrival of the sheriff. The
witness could not teu just how many
shots were fired but was sure that
there were three. He saw the flash
from the second shot fired. but was
unable to tell in which hand Fisk held
the revolver. He then told of the
death of Nathan Pierce on the follow
ing day at 1890, his age. which was
near 80 years. and many other Incl
dents of the tragedy.
Counsel for the defense then took
the witness and subjected him to
most rigid cross-examination, and ex-
posed a slight variance in his testi-
mony to that given at the preliminary
hearing. This was concerning the
witness brother-in-law, Perry. At
the preliminary hearing he testified
that he thought Perry was at his own
cabin during the shooting. On cross
examination he said he did not know
where Perry was at that time. Be
fore the cross-examination was COM
pleted court adjourned until Tuesday
morning at 10 o'clock.
A w. Pierce was again placed on
the stand Tuesday morning and his
cross-examination continued. When
asked If he met Fisk going to his cab
in with his nose bleeding after the
first fight, and If that was not the
time he wanted to talk with him, the
witness said mo"
Then he was given redirect ex-
animation concerning measurements
from different points on the premises
where the shooting occurred. and
about some whiskey the party had
brought from Lewistown with them.
Then counsel for the defense took
the witness again and asked about
how longhe had worked at the mill, to
which he replied, "Since August,
1901" The revolver used by Fisk
was shown him. and he readily iden-
tilted it as the weapon with which the
crime had been committed.
Perry Warned Pierce.
Irving Perry, a brother-in-law of
William Pierce, was the third witness,
bat his testimony did not add any.
thing to that given by the preceding
witness. He stated that after the
first fight he told Nate Pierce to look
out for Fisk that he might use gun,
and that he saw Fisk as he waited out
side for Pierce to come out of the din
ing room, and called Pierce when he
saw Fisk following him. After the
shooting he took horse and went for
Ellery Pierce, brother of Nate Pierce.
On cross-examination he said that
he thought that four shots were fired,
and that he saw the gun In Fisk's
right hand. Counsel for the defense
made a strenuous effort to impeach
the testimony of this witness, but in
the main 1t corresponded with that
given before.
corroborated Piecre.
Myron Bradley, the next witness.
told about the same story. He was
in the bunk house when the shooting
began, went out and helped to take
Fisk off of Pierce, and assisted Lon
Smith to take Pierce into the bunk
house. When shown the vest WON
by Pierce. he identified it readily, and
said, "It Is the vest / helped to take
off Nate Pierce the evening he was
shot" He stayed with Pierce dur.
t. A. niok.