The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1865-07-08


& We publish the following letter, because
we are always willing to hear both sides,
and to give everybody exact justice and
fair play. The reason we made the state
ment complained of was, that the Court,
Judge Chumasero and Messrs. Sanders and
Thoroughman unequivocally stated that they
had refused permission to the witness to 60,
and that he had went on his own response
bi1ity; which fact evidently created an un-
favorable impression on the minds of the
Jury, against Mr.. Duke. We feel bound,
however, to say that so far as direct, delib-
crate and unequivocal testimony was con-
cerned, no better witness ever answered a
lawyer; but the fact is as we gave it, new
ertheless. ~ a .-...a
HELENA, July I'd, 1865.
ED. PosT Il noticed in your issue Of
June Oath, in referring to the McCausland
trial, you state that sSsought permissi of
the Court and the attorneys to leave town.
which was refused"- finally started in
the face of express prohibition; which fact
had the effect Of greatly weakening my tes-
timony. ofar as the testimony is concerned
| do not doubt but that it was considered
weak, as think evidence in the prosecution
in such cases is always considered weak.
As for my leaving Virginia without pernis-
sion, must say it is as false as hi l. do
not think you are to blame for the mistake,
as have no doubt that you were misin-
formed. / did seek permission to leave
from the Court, and from the attorneys on
both sides, which considered granted; but
to make the case more clear, | vii. state
how got that permission. ! first went to
Mr.. Sanders, and told him that wished to
90 home, as / did not think was needed
any lonrer. He replied to me that he did
not know that they needed me any longer !;
that it was Thoroughman who contended
that must stay; that if Thoroughman was
willing for me to 60, that he was. / then
went to Judge Chumasero. He said that he
was through with me I; that he had nothing
to do with me but he did not give me leave
to 60. then went to Judge Hosmer and
asked him by what right they kept me there.
He answered that he did not keep me that
was at liberty to GO; but that was liable
to be attached and brought back. told
him was aware of that fact; but was sat
isfed that there would be no attachment sent
after me, as thought that there was no need
of me there any longer. He told me that ]
had better see Mr.. Thoroug ghman; SO went
to him, and he informed me that if Sanders
was willing for me to 60, he was; and the
last word he said to me was to 60. These
are facts which ] think these parties will not
deny. 1t was not my wish to have said any
thing about this unfortunate affair, but when
l see such falsehoods published, on top Of
all the abuse that have had, think it my
duty to say few words in my own defense
1t was my misfortune to be in the store oi
Geo. Howe when the fatal occurrence tool
place; for which it seems, if am rightfully
informed, that am accused by a great many
of being connected with Kinna in plot tt
murder McCausland and rob the store
These accusations are as base and false a.
the black hearts from which they emanated
but those whom the story suits can believe
it, if it suits them. After the shooting tool
place, and McCausland and Kinna had boil
left the store, if had been on the rob,
had a splendid opportunity, as the hous
was left in my possession, and was locket
up by me, and the key given to Mr.. johnson
by me, about one hour afterwards. wa
told by gentleman, while in Virginia, tha
had great many enemies there. Be tina
as it may, it matters not to me have neve
wronged any man there, and if have enc
mics there, l cannet help it; nor do / pro
pose to try to help it. One word about tn
two gentlemen, principals in this sad affair
and have done. had known Kinna, tn
deceased for nearly four years had neve
known anything bad Of him; had had deal
ings with him; had always been treated a
a gentleman by him, and consequently ha
no fault to find with him. | had know
McCausland three or four months; wa
introduced to him by Kinna was alway
treated well by him, and always regarde
him as a gentleman, and do yet. did thin
on the night of the shooting that Nc cCauslan
was wrong; but after learned the particu
lars of the case, changed my opinion
When was called to the stand to testif
against him, could only tell the truth, as
had no interest in the matter, and coul
only have told the truth if had been intel
ested. By giving this place in your va
. liable paper you will confer favor on
"6, 20 s..-t L. B. DUKE.