The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-02-18
CHARLES WYMAN is HELD TO
DISTRICT COURT.
SHOT OAKLEY IN SHOULDER
Only Witness Saw But Little, Being
Too Much Occupied With :
His Own Safety.

Charles " lyman will have to an
swer to the district court for having
permitted his anger to get the better
of his judgment to the extent of pink
ing William NJ. Oakley in the shoulder
with a bullet, along about January 30,
last.
Wyman received his preliminary
hearing before Judge Fraser yester-
day afternoon and if appearances were
not wholly deceptive the element Of
surprise to both the prosecution and
defense entered into the proceedings
County Attorney Hathhorn appeared
for the state and o. F. Goddard for
the defendant.
Told BY Oakley.
Oakley and Peter Cooper were
sworn as witnesses, Oakley being the
first to take the stand. He testified
ed in hauling wood he drove to a gate
in defendants fence with the inten-
ton of driving through Wyman's field,
as the ordinary road was impossible.
The defendant met him at the gate
and in response to the Witness saluta-
ton called him a lineal descendant of
a female canine and told him he did
not want him to speak to him. Oakley
said he had his hand on the gate with
the intention of opening it, when Wy
man pulled a revolver from his pocket
and attempted to cock it. The cylin-
der refused to revolve and Oakley
said Wyman grasped the weapon with
both hands and after cooking it, still
holding it by both hands, pointed it
fired. The bullet struck Oakley in the
left shoulder. Feeling himself shot,
Oakley said he advanced toward Wy
mar to cause him to move and destroy
his aim, and after he had advanced a
few feet Wyman shot at him again.
Oakley then turned and walked to-
ward his team, when Wyman fired
the third time, but missed again. This
ended the shooting and Wyman walk
ed away, while Oakley got onto his
wagon and drove off.
Mr.. Goddard cross examined the
witness severely and sought to make
it appear that Oakley had been the ag-
gressor to the extent of chasing Wy
man and threatening to kill him if
he caught him. In this he failed, but
the fact was established that asday or
so before Oakley had broken Wyman's
fence by his horses backing the wagon
into it. Oakley said he had Temporal
lily repaired the break and had notifi-
ed Wyman of the accident and had
also told him he would Elk" the fence
permanently as DON as the weather
moderated so that he could put in a
new post to replace the one broken by
him. The witness denied that Wyman
had sent him notice not to drive
through his field any more.
A Double Surprise.
When the cross-examination was
concluded the state announced that
il rested and would not call the other
witness, Cooper. This was evidently a
surprise to the defense, who said they
wer anxious to have Cooper testify
Y also. Mr.. Goddard intimated that they
might call Cooper, but after a short
talk with him he said Cooper was a
witness for the prosecution and favor
able to the complaining witness. Still
determined to have Cooper's testi-
mony introduced, he now moved that
the court instruct the prosecution
to put the man on the
stand. saying that he was the only
eye witness of the affair and it was
the duty Of the state to bring out his
story.
1t was now Mr.. Hathhorn's turn
to be surprised. He resisted the mo-
ton and said that it was only in the
district court and on the charge of
murder hat the state was compelled
to call it's eye witnesses. The court
intimated that unless the defense
could show authorities in support of
the motion he would override it.
Whether it would have taken too
long to find the authorities or whether
he did not consider it Of sufficient
Importance to warrant the trouble,
Mr.. Goddard did not insist and had
Cooper called as a witness for the de-
PENDANT.
He Was Scared.
! Cooper proven to be only an indif-
: ferent witness in more ways than one.