Weekly journal-miner., 1920-12-22
DRAMATIC RECITAL OF
 SHOOTING TOLD ON STAND
lFrom Wednesdavls Dailv.l

boldt smelter the afternoon of Sep tember q last was made on the wit ness stand yesterday afternoon by Ben Johnson, Humboldt constable
 q shot him, but it was not in tentional."
 Thus did the defendant tell the jury of the fatal wounding of Leger- ski at whose house there had been drinking bee that afternoon and where later Joe Smith, ranch hand for Legerski, was beaten to a pulp.
 How Smith and Legerski lay with out attendance for several hours, the latter bearing in his back the wounds that proved mortal and how Johnson and Elmer Bentley came and went during the remainder of the night until their arrest, were developed during the forenoon by state testimony elicited from half dozen witnesses. The state rested it's case after putting on Dr. Utzin- ger ill the early afternoon and John son immediately went on the stand and told in a clear voice his story of the affair. It was during cross examination of the defendant that Mrs. Johnson startled the court and caused some confusion by crying out and weeping so profusely that she had to be taken from the room.
 Progress of the defense case was made prior to adjournment and to- day, it is believed, may see the con- clusion of the testimony taking.
 Elmer Bentley, a co-defendant but to be tried separately, was the last defense witness yesterday.
 Many Tell of Affray
 During the forenoon the state put on the stand a number of witnesses to tell about their connection with the affray. Anton Tonek, a rancher living near the Legerski place, said Smith had come about 7:30 and re- ported trouble and that he, ToneI, had then gone into Humboldt and tried to get Johnson to go to the scene. Johnson pleaded fatigue and would not go out until Justice of the Peace A. K. Lee had been fold of the case and had instructed his con stable to investigate.
 Judge Lee verified the story of Tonek. Deputies Tom Marks and Jim Cook and Sheriff Davis also confirmed testimony of the previous day and enlarged upon their work in connection with the working up of the charge and the ultimate arrest of Johnson and Bentley.
 There were many more references to the liquor in gallon jugs and tantaIizing talk of drinking deeply. i One witness spoke of the consump- ton of the contents of one of the gallon jugs by the four men in the course of their stay at Paul Leger- SKI ranch house
 Defendant on the Stand
 We had few drinks" Johnson said when his attorney turned him loose to describe the shooting in his own way Johnson told of the i visit of himself and Bentley to the ranch and described the room He saw two guns leaning by the door
 Approaching the shooting, John son testified that Legersld had be- come angered and had run from the house. He followed but was met by Bentley, who informed him Legersli had a gun. He said he returned to the room, took up the shotgun and . followed. Legerski had gallon jug and the rifle.
 T hollered to him to stop and he set the jug down. l shot the man but not intentional. He turned to- wards me and took a step and sat down"
 Johnson said he asked Legerski if he was hurt and the man said he ! was not. At that time Bentley said: "There goes Smith" and took out after Smith, later bringing him back
 Johnson then searched for a still and not finding it. took the shotgun and jugs Of liquor and went home. He returned to the ranch after hay ing been told by Justice of the Peace A. K. Lee to investigate. Legerski was in bed ard Smith, wrapped in a quilt, lay on the floor Then the !. witness said he met Jim Cook and i, Tom Marks and told them Legcrsl,i was shot q did not telephone Sheriff Davis because I didn't think # would terminate serious The sheriff came to Johnson's ( house after midnight and took him to the ranch. There Smith identi- fled Johnson as the man who shot l Lcgerski. t "Dayis asked rr fl ,,.o,,Id ,,i,-,