Idaho Springs siftings., 1903-09-05
Fined $4,000 and Cost.


battery and fined $50 and costs.
The testimony revealed that the immediate
cause for the assault four-tined pitchfork,
one of the blades broken, the whole implement
being worth probably not to exceed fifty cents in
any market. But behind the pitchfork was man
between whom and Lewis there seems to have
arisen considerable bitterness. This fact, however
was not sifted in the trial, which was confined to
the evidence relating to the assault and battery
The witnesses for the prosecution were; VIM
Lewis, Jr, adopted SON of the defendant; Mrs VIM.
Lewis, Jr., neice of defendant; Mrs. Margaret
Phillips also neice of defendant, and her ten year
old daughter; Mrs. Morgan sister of defendant.
| VIM Lewis, Sr and wife were the only wit
nesses in defense.
It will be seen from the personnel that the mix
up constituted strictly family quarrel of unusual
dimensions All the parties lived on Clear Creek
near the Banner bridge at the time, but since then
Wm. Lewis, Jr. has changed his residence to
Spanish bar.
There was a great deal of testimony, some of it
conflicting in details. There also great deal
of luminosity shown and it took the combined
efforts of the attorneys, constable O'Rourke and
the court to preserve anything like decorum
Notwithstanding the various conflicts in testi-
mony enough ELECTED to show to the satisfact-
ion of the jury that assault had been committed
and painful and lasting injuries inflicted by the
defendant upon the wife of Wm. Lewis, Jr.
In brief the prosecution showed that the defend
ant had not only applied gross epithets to his sons
wife and her sister and to his sister, Mrs.
Morgan, but had waxed so violently that his son
had rushed to the scene, bringing with him the
borrowed pitchfork, arriving upon the scene Mr..
Lewis Sr had met his with revolver which
he presented with threats. This LED to the pitch
fork being thrown over into the old man premises
and being out of the ensuing fight. The prosecut-
ing witnesses claimed that the defendant had
hourished revolver in menancing manner, but
had discarded it for four-foot tamping bar, with
which he struck his and then turned and struck
his sons wife across the back inhictiug lasting
injury. 1t was then that the son claims he struck
his fahter twice with his fist Rocking him down
and that the wound upon the latters head was
caused by falling upon sharp rock which is still
said 10 be in the same place and covered with
tell tale blood.
The prosecution claimed that Mrs. Vim. Lewis
IT, accompanied by her little niece had in the first
place gone over into the field adjoining the Lewis
place and the two engaged in reading some
bodys evidence of the Bible when Mr. Lewis, Sr
arrived from town and ordered them from the
place, applying some very gross language. The
alteration seen from the sons house by the
women who rushed to the scene being later followed
Dy the son VINO WAS uoluS sOmC OhdhSS WOiA DdCk
of the house.
The defense that the women had gone to
the Lewis, Sr. place in body with the express
purpose of doing the defendant up with rocks
which they carried with them, defendant claim
ed there were no rocks upon his place to fall upon
Defendent admitted that he mad and didn't
know what he said. While he was engaged in
saying this he the son coming across the field
with the disabled pitchfork and then grabbed
empty revolver lying around there somewhere and
ordered his to throw the same over the fence.
This was done Defendant then discarded the
shooting iron when suddenly Mrs. Lewis. Jr, swat
ted him at the side of the head with rock which
she had carried concealed in her hand all this
time This dazed the old and the
closed in on him and tripped him up by of
the aforesaid tamping bar which had somehow
gotten into evidence. He fell flat his back and
then began a fusi1ade of rocks that he lodged as
|best he could but sustained several wounds never
theless Immediately after this the battle stopped
and Mrs. Phillips, his uninjured nece, ran to the
house and offered to bathe defendants head
which offer declined.
1t seems that in the meantime Mrs. VIM. Lewis
Jr was also hors de combat it being necessary to
90 for assistance at the TORY tunnel.
Fortunately there was a Denver physician at the
tunnel and he dressed her wounds. At the time
of the trial the woman appearanfly in great
pain and coparatively helpless coming and going
In conveyance.
In his testimony defendant remembered that he
had kicked Mrs. Lewis Jr. twice but that the blow
she received from the rod was unaccompanied by
force and could not have afflicted damage,
The jury instructed that the maximum
penalty for assault and battery six months in
iail or SIoo fine and that in of the kind not
only was the verdict to be guilty guilty but
that the jury to fix the penalty. After being
out for some time verdict of guilty was handed
in and the penalty fixed at $50 fine.
The jury composed of John Jackson, R. w.
Gson and R. d. Blair