Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1913-01-28
HEARING IN THE
CASE Of LAMB
CONFLICTING VERSIONS OF THE
CUTTING AFFRAY IN THE
LAND OFFICE.
STATEMENT
Mr.. Mckoin Declares Positively That
Assault Was Made While His Back
Was Partially Turned-Lamb Says
He Used Pocket Knife Only When
He Was Being Choked.

He Was Being choked.
After hearing occupying all of
Thursday, Justice of the Peace B. H.
Foley Friday morning announced his
ruling in the case of Joseph E. Lamb,
charged with assault in the first de-
gree upon Register Clarence E. Nc
Koin, of the land office. The court
held that sufficient evidence had been
shown to warrant holding the defen-
dant for trial in the district court on
the charge of assault in the second
degree. The first-degree charge, Judge
Foley held, had been eliminated and
he recommended that the county at
torney file an information charging
second-degree assault. Lambs bond
was fixed at $1,000, which he gave.
Courts Ruling.
In making his ruling, Judge Foley
said:
II have given this case very care
full consideration from my point of
view and have come to the conclusion
to eliminate the graver charge alto
gether. There are great many fea-
lures in this case where the evidence
is absolutely conflicting and it is a
difficult matter for court to arrive at
satisfactory conclusion. Now as far
as the charge of assault with intent
to kill is concerned, l don't think
there is evidence to maintain that.
That brings the matter down to the
question as to intent to do bodily
harm. Now accepting the defendants
own version of the affair, think there
is some evidence of intent. 1 don't
mean to say that it is complete, but
I think there is evidence sufficient to
put him on his trial, and l have made
up my mind to recommend to the
county attorney that he file an infor-
nation against Mr.. Lamb for assault
in the second degree and that he be
held to answer to the district court.
In the meantime I fix his bond at
$1,000.
81 don't think Mr.. McKoin is blame
less in this matter by any means, al
though l don't mean by that to say
that he did anything criminal. Mr..
Lamb himself commenced the contro-
versy, whether Intentionally or not l
don't know; but at all events he was
the man who was responsible pri-
marily for bringing it about. He knew
that Mr.. McKoin was in a position of
authority in that office and if he had
complaints to make against Mr.. Nc
Koin they should have been made to
the department. That would have
been the proper course if he had a
grievance.
"Now the conduct of the case has
been somewhat out of the ordinary,
and in saying this I am not casting
any reflections on any one. There
may be good reasons for it that are
unknown to me. Taking all the cir
cumstances into consideration, think
this is a case that should be sifted in
trial court.
''If there is verdict of guilty the
state will have nothing to complain Of
On the other hand, if the verdict be
one of acquittal, the vindication of Mr..
Lamb will be far more complete than
if l gave an individual opinion in this
case. That would be one-man
opinion and by no means infallible.
"At Mr. Lambs time of life he has
the world before him. I think his sole
aim in this case, if he be innocent,
will be to vindicate himself, his char
acter and reputation, and that could
be done more thoroughly in a trial
court than here"
The Hearing.
At the hearing Thursday the state
was represented by County Attorney
G. j. Marshall and o. w. Belden, while |
the defendant was represented by E. |
G. Russell. There was not very great
divergence in the evidence until the |
vital point was reached, and as to that, |
the testimony of Mr.. McKoin and the
defendant was absolutely conflicting. |
Mr.. McKoin testified that on Jan. 4 |
the defendant had unscrewed a type
machine from folding desk,
when he might have used one that
was already loose, and he made some
comment on this to Lamb. At 4:3O,
when the office closed, the witness
went into the rear room to put some
record books In bookcase. The door
to this did not close and he was look
Ing for something to put under it to
catch 1t when Lamb entered the room
and asked what he meant by what he
said about the typewriter. Mr.. Nc
koin replied that he meant just what
ne said. Then, according to Mr.. Nc
koin, the defendant began to complain
Of the treatment accorded him, say
ing ne had been treated like a convict,
had been given the silent" treatment
and had had work piled upon him. Mr..
told the defendant that he
was mistaken; that his work had been
very satisfactory, and If less had been
said to him than to others it was be-
cause he came to the office an expert
enced man who did not need directing.
Then Mr.. McKoin reached down to q
1esk to pick up rubber band which