Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1913-04-01
JOSEPH LAMB
IS ACQUITTED
VERDICT OF JURY IN CASE THAT
HAS ATTRACTED WIDESPREAD
ATTENTION.
TRIAL ATTRACTS CROWDS
Agreement Is Quickly Reached by
Jury-Unanimou From the Start
Lamb Was Charged With First De-
gree Assault Upon Register c. {.
Mckoin, of Land Office.

Not guilty" was the verdict re-
turned by the jury shortly before one
O'Clock Sunday morning in the noted
case of Joseph e. Lamb, charged with
assault in the first degree upon Clar-
cnce y. McKoin, register Of the local
land office. The jury retired just be-
fore IL o'clock Saturday night, and an
agreement was reached in about thirty
minutes. There was short wait
while the court and attorneys were
being notified.
The jurors were w. Apple, j. w.
Cochran, II. w. Coleman, II. II. Rouse,
Elbert Dorsett, II. S. Frost, b. +. Cor
don, John Marshall, G. l.. Mollett, j.
II. Newman, Harley Ottman, VIM. "A.
Pintler. The Jurors selected B. r.
Gordon as foreman.
J When the trial was begun Friday
afternoon 1t was generally expected
that II would run over into this week,
but much less difficulty than was
| looked for was found in securing a
jury and by holding three long ses-
! siOns Saturday 1t was disposed of,
clearing the calendar so that other
! cases will be taken up in their order.
Hard-Fought Case.
1t was a hard-fOught case all the
way through, neither side overlooking
any points. O. w. Belden was asso-
ciated with County Attorney G. J.
Marshall for the state, while Col. G.
b. Nolan, of Helena. was associated
with Il. G. Russell for the defense. and
they took the lead on their respective
sides. The widespread interest taken
in the case was shown by the crowds
of spectators In attendance the court
room and gallery beng crowded at
all the sessions.
4 The testimony was practically the
same as given at the preliminary
hearing before Judge b. II. Foley in
January, the additional evidence
brought out not affecting the main
points in controversy.
Both Mr.. Mckoin and Mr.. Lamb
agreed that on Jan. last the defend
ant was reprimanded by Mr.. McKoin
for taking typewriter from one
place and putting II on another desk
to use, not screwing It to the folding
top. At closing time that afternoon,
; about 4:3O o'clock, Mr.. McKoin went
into the rear office room to put away
a couple of books, and while thus en-
gagged Lamb entered, as he claims, to
!
to leaving, and engaged the register
in conversation In regard to the type
writer incident. From that point on
the defendant were totally different
Mr.. Mckoin's Statement.
The testimony of Mr. McKoin was
, to the effect that one or the doors to
!. the bookcase did not remain closed
:. and he was glancing about for some
thing to put under 1t when Lamb, 60
. ing on from the talk In regard to the
: typewriter, said he had not been treat
ed right by the register; that he had
!, been treated like a convict" given
J the silent treatment, and that work
, had been piled up on him. The wit
: ness saw that Lamb was considerably
y wrought up and also observed that
!, he kept his right hand in his coat
!, pocket. The thought flashed upon
! him that Lamb might have revolver
!, there. The witness reached over to
, desk close to him to pick up a small
rubber band to place under the door
, when Lamb caught up his right hand,
! using has own left hand. In this at
titude the conversation continued, Nc.
!, Koin trying to pacify the defendant
, and telling him that he had no fault
!. to find with his work, which was sat
isfactory, and that IL he had not
spoken to him as often as to others
1t was because Lamb was an expert
enced man and needed no ipstruc-
tions. While this was going on Mrs.
Lamb came into the room for her
wraps and went between the men,
both of whom were angry by this time.
She put her hand on her husbands s
shoulder and asked him to stop it.
Lamb pushed her aside and said, "You
, get to hell out of here. This is our
quarrel" Mrs. Lamb then spoke to
Mr.. McKoin, asking for a moment OF
his time. He replied, he testified, IAN
hour If you want it" and turned his
head toward Mrs. Lamb, so that the
l. back of his head was toward the de-
l. fendant. In an instant he felt a swish.
l. ing at the back of his head, but at
e the moment did not realize that he
e had been cut. Turning his head quick.
y ly he saw the defendants hand up
y but did not see what was in it, and
t instantly rushed in, seized him by the
l. throat with his right hand as Lamb
: caught the left with his own hand. He
pushed Lamb back against the rail
ing, in front of which were piled q
J. couple Of benches. BY this time Nc
!. Koin had both hands around the de
q fendant's throat and felt that he was
= being cut. His purpose was to make
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