The Western news., 1904-07-27

| stdteHleHl setting 1Ortn each and ever
time May Bros. had used water tha
belonged to him. This statement h
swore to and MIR. Buck put notaria
seal upon it. Powell then informe,
Mr.. Buck that he would go to Missoul;
and present the statement to Judg
Webster and ''if the Judge did not d,
anything in the matter he would COM
home and take his gun and defent
his rights
Mr.. Buck stated, in answer to :
question by County Attorney Baker
that he believed Powell was "off" or
the water question and that only ant
that it the water question is not fxet
up satisfactorily to him that he will
use his gun.
Thomas F. Porch testified that he
had known Powell eight years He
told OF conversation he had with
Powell On July 4, in which the latte,
reiterated his water troubles and made
threats. MIR. Porch said that he be-
lieved Powell was deranged to the ex
tent that he was dangerous "unless he
IS allowed to use Mr.. Mays water
right"
Mr.. Porch testified further that
Powells sole topic of conversation
winter and summer, was his
water rights and litigation.
Warren Francis was the third wit
ness to testify. He told of conver-
sation had with Powell last month in
which Powell said that he was going
to present statement Of his water
troubles to Judge Webster and 'if he
would not decide in his favor he would
have to take his gun and defend his
rights He saw Powell again upon
his return from Missoula. Powell
told him Judge Webster "wouldn't
have anything to do with the case be-
cause he had no lawyer He said he
was going to notify the Mays and if
they didn't do as he said "somebody
would leave the creek"
Geo. May was next sworn. In an
swer to an inquiry as to why he had
made complaint against Powell he
started to tell of letter of warning
he had received from Judge Webster.
Counsel for accused objected to the in
PRODUCTION of the letter and It was
withdrawn after Chairman Grover
had read it and was about to rule as to
its admissibility. May was excused
and Mr.. Baker announced that testi-
mony was all in.
Powelrs Testimony.
Attorney Wagner desired to place
Powell upon the stand in his own be-
half. After some wrangling by the
attorneys this was agreed to. Powell's
verbatim testimony follows:
9. Mr.. Powell do you understand
do you understand what an oath is in
a Court of Justice?
A. Yes sir.
9. Do you know what the conse-
quence is if you swear falsely in
court of justice?
A. l believe do It is penitenti-
airy offence.
Counsel for accused asks to
have the witness sworn to testify in
his own behalf. Accused is sworn.
.. Mr.. Powell how old are you?
A. ! am past sixty nine years old.
Q. Where do you live?
A. On Three Mile creek,
.. How long have you lived there?
A. have lived there since the fall
of 70.
9. Do you know George May?
A. Yes sir know him by sight.
9. Where does he live?
A. He lives in town and has got
in town.
Q. Is that property near yours?
A. l am in section 4 and some of
his is in section "a and IS it is above
me on the creek.
Q. Mr.. Powell do you know Amos
Buck?
A. Yes sir.
Q. Do you know Tom Porch?
A. Yes sir.
Q. Do you know William Francis?
A. Yes sir.
Q. Do they live above you on Three
Mile creek?
A. Two Of them live above me.
9. Did you ever have a CONVERSE
ton with Amos Buck about your water |
right?
A. have no recollection of having |
one.
Q. Do you know Tom Porch?
A. Yes know him.
Q. Did you ever have conyersa-
lion with Tom Porch?
A. l can't recollect. l was up there
looking for water on the 10th of June
| told him l needed water in two days.
That is all that passed between us.
Q. Did you ever tell anv one that |
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