The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-01-30
WITNESSES OF MURDER ARE
DEAD AND GONE AND COUNTY
ATTORNEY GIVES UP FIGHT.
CASE DISMISSED THIS MORNING
"You May Co." Said the Court, and
Shafer Went in Hurry--Has Spent
Four Years and Seven Months in
the County Jail Awaiting His Trials
Attorney Breen's Motion.


for four long years and seven months.
40 months OF which he was under sent
| ence OF death, Joseph Shafer, the mu-
latto who killed colored man named
John Hawkins In the city in 1897, Ia
| once more q free man.
This morning County Attorney Breen
made n motion In Judge McCiernan's
court that the charge against Shafer be
dismissed, all the witnesses I'm the case
being dead or gone. and Judge McCler-
nan set the colored man free.
The whole proceeding was very brief
| and without sensational features. The
| court made It's order and the colored
man took hins hat. rose from the chair
and departed quickly. without word,
his friends shaking hands with him In
| corner of the court room as he passed
out.
Before court opened Shafer was
brought from the county jail by the
sheriff's officers and given seat at the
bar, besides George Johnson. n colored
man recently granted new trial for
the robbery of James q. Vler. and whose
trial was to follow Shafer's this morn
Ing
Wore Their Store Clothes.
Bbth colored men were well groomed.
johnson, who Is several shades darker
than Shafer, wore wide expanse of
white shirt bosom and n purple necktle.
Shafer was rcsplendent I'm a white tic
with gaudy red stripe In II and new
overcoat.
When the proceeding opened County
Attorney Breen read q statement to tho
effect that the state was unable to get
any witness In the case, II had been 80
long since the 81 Ing of Hawkins.
When the reading was finished. the
court In brisk voice pronounced tho
words that gave Shafer freedom.
Said the court: "weii, Shafcr, under
the circumstances, the court will order
this case dismissed and yoa discharged
from custody You may go'
| Shafer, whose eyes were glued on the
Judge. grasped the meaning OF tho
words, leaned down for his hat and was
out Of his chair instantly.
His attorney, I'D Booth, and little
cluster of friends surroupded him I'm the
wing OF the court room and extended
their congratulations while his face
beamed, probably lsying but slight evi-
dence OF the jubliation OF his heart.
Then he walked out OF the court room
into the air of heaven free man.
Twice Sentenced to Death.
Twice was Shafer sentenced TO be
hanged. once he was within one day of
the date set for his hanging, and the ag-
gregate time he was under sentence OF
death was three years and four months.
Shafer killed Hawkins In n saloon In
the Tenderloin Oh August ~, 1897, after
two or three hours OF drinking with
Hawkins and other colored people In
party and visit To the Columbia Gar
dens and other resorts.
Hawkins was big man, while Shafer
Is OF medium size, and the latter was
egged on to the deed he finally COM
mtted by the other people In the party,
after Hawkins had in one qJarrel struck
him
The first information against Shafer
was filed September 28, 1897, His first
trial opened November 4, and verdict
Of guilty OF murder In the Irst degree
was brought In by the Jury on Novem-
ber IA OF the same year. lie was SEN
tonced to death shortly afterwards.
He was granted new trial about n
year later December 20, 1898. He was
tried again February Is, 1899, and tho
same verdict was returned. In last
November. nearly two years later, a Sec
ond new trial was granted him, and IL
was set Tor this morning.
Since he was first put In the county
JAIL four years and half ago, two of
his attorneys and two witnesses have
passed away, Big Eva, one of the Wit
nesses, having been killed. The court
room had many spectators this morn
ing, but good many OF Shafers former
intimates are no longer on the scene and
were not present
Could Not Find Witnesses.
In his motion for dismissal County
Attorney Breen went into details He
recited that Shafer had been twice con-
victed of the murder Of John Hawkins
and that the supreme court had granted
him new trial.
He said the witnesses for the state
were w. III. Barrett, George Russell, c.
A. Daugherty, Henry Brown and Charles
Fortune and that he had made diigent
search for the witnesses, but was unable
to find them. He went on to say:
after the action had been set for
trial subpoenas were issued for the wit
nesses and placed In G1e hands Of the
sheriff for service. and the sheriff re-
turned the subpoenas indorsed to the
effect that the witnesses could not be
found"
The motion continues to the effect that
in the opinion Of the county attorney
many Of the witnesses are dead, and
others. with the exception Of the physl-
sian who made the autopsy, are out of
the jurisdiction Of this court that w.
IT. Garrett, the states most important
witness, has been driven out Of Mlssoula
ard other towns hAcause OF his char
acter. and the county attorney has no
'dea Of his whereabouts
Pecanse of this peculiar situation Mr..
Reeen said he considered a conviction