The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-07-22
PRELIMINARY HEARING HAD
The Accused Claim They Were Fired
on First and Only Acted in
Self-Defense.

thorne in this city last Saturday, re-
suited in the binding over of the two
men to- the district court on the charge
of assault in the first degree and the
Increase of the bonds from $3.50 to
$500 each, the amount being furnish
ed in cash by Mr.. Hannah. The ex-
animation was replete with testimony,
although the defense claim that there
are other important witnesses for
their side Of the case, to be produced
at the trial in the district court.
The first witness was Frank Strong,
the Wyoming cattleman, who claims
to have been shot through the hat by
Hannah. He testified on direct ex-
animation that when he, the Ewing
boys, Phelps and Morris came along
they saw Hannah at Davis place, upon
his mower. When they were within
about 200 yards of him Hannah, who
had been standing beside the mower,
ran and hid behind a stone. Witness
testified that one of his party said,
Look out, boys, he's going to fire."
Then they jumped off their horses.
The first shot was from Mogan, who
was across the creek from Hannah.
Saw Mogan ride up and across the
creek. The next moment a shot rang
out from where Hannah was conceal
ed behind a rock. Ed Morris spoke
up and said, II am shot," Then all
made for the brush, about SO feet
away.
Morris testified that he could not
tell which shot hit him, Humans or
Mogan's. The shots were almost to-
gether. On cross-examinaticn wit
ness said there were other shots fired
besides the two first ones by Hannah
and Mogan. They were fired by Han
nan. There were three of these shots.
Witness testified that the first shot
was fired when Hannah and Mogan
were both behind a rock. Thought
| Mogan fired the first shot. Testified
that Hannah had made no threats,
but that when he and the party he was
with dismounted Hannah went behind
a rock with his rifle. When they left
the road and went toward the field
where Hannah was moving, Strong
said, Lets go up and talk to Hannah
a while" They got off their horses
because they were afraid Hannah was
going to shoot. 1t was about 20 feet
back to the road where they had come
from.
E. R. Ewing testified that one of the
two first shots fired by Hannah and
Mcgan hit Morris, and the other pass
ed close to witness head and hit a
horse back of him; that his party fir
ed no shots and that he and his broth
err hadn't been on friendly terms with
Hannah for the past three or four
years. Had made no threats against
him. Did not speak to Mogan. but the
feeling between him and Hannah was
not the same as between him and
Mogan, for Hannah had never insulted
him as Mogan had. Had no business
with Mr.. Hannah when he went up
to Davis field, but went with Mr..
Strong.
State rested.
OR the defense Hannah was the
first witness. When the men, whom
Hannah referred to always in his tes-
timony as "the mob" came up he had
called tc them to come up where he
was, but received no answer. Mr..
Davis said he would tie up the team
and go down and find out what they
wanted. AS he started down they
hollere to him to ego back" but Davis
said he was too old to- go back and
kept on going. Witness rose up to
tell the children to go up under a rim
rock, and they fired a shot. which
knocked dust on him. He immedi-
ately fired two shots at them. Didn't
see anyone then for about 20 min
utes, until Mr.. Davis returned from
going down to interview them. Mr..
Davis said they wanted their horses
and witness said he knew how many
there were in their party and all he
wanted to know was who they were
and that they would agree to get to-
gether and go away and leave him
and Mogan alone. They had some
trouble getting their party together.
but about 4 o'clock in the afternoon
they decided to settle that way Fir
ed one shot after these two mention
ed. Went up a little hill to see that
they didn't surround us, having an un-
derstanding with Mogan that he
would signal me with a shot II any OF
the mob came toward me. He shout
ed and dropped down on the ground.
! Saw a man coming toward me with a