The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-08-05
IN THE TOLLS.
The Murderers Of Opium Jim
Have a Hearing.
HOST OF WITNESSES.
Three Of the Accused on the Stand.
They Swear That They Know
Nothing.

Yesterday afternoon at 2 O'Clock tn,
District Court room was crowded with al
audience which had gathered to listen te
the preliminary hearing in the case OF tht
men Riley, Cannon, Farrell and Garrett
held for the murder of Opiusn Jim. Tht
| warrant was sworn out before Justice
Lippencott, but for reasons best known tc
himself the judge invited his brotherJ Justices
French and Nichols to sit with him during
the proceedings. The Territory was repre-.
sented by Assistant District Attorney Seal
| Ian, and special council w. o. Speer, and the
defendants by Hon. Geo. F. Borie. After the
court had been called to order the prisoners
were brought in by Jailor Sullivan, and
placed in the dock, where they remained
interested spectators of the proceedings,
but did not hesitate to join in verallaughs
which amusing incidents or speeches on the
part OF witnesses caused during the hear
| ing.
ARRAIGNED.
MIR. Scallan then announced that by the
consent Of counsel the original warrant
for assault with intent to kill would be
abandoned and the one charging willful
murder substituted. To this the court
assented- Mr.. Borie asked that the wit
nesses be sworn and excluded from the
court room. which was also granted, and
the host that had been subpenaed were
called and sworn by Judge Nichols, and in
structed by Judge Lippincott, and sent out.
The prisoners were directed to stand up,
and the warrant was read to them by Mr..
Scallan, and at the suggestion of Mr.. Borie
they were called upon to plead separate
ly, which they did, each one pleading mot
guilty" The court then appointed Mr..
Borie to defend the prisoners ur.ipr the
new charge, and that gentleman ilnne.ii-
ately stated that Riley, Cannon and Farrell
would waive an examination, and that
Garrett would 60 to trial. This was agreed
to, and the three prisoners remanded to
the custody of the Sheriff, and were about
being taken out when Mr.. Scalan objected.
Mr.. Borie then made formal motion that
they be removed, as they had waived an
examination and their presence was not
needed. Mr.. Speer resisted, for the reason
that their presence there might be impor-
tant, not as witnesses, but as a means OF
Identification, The court decided that the
men should remain. Mr.. Scallan then stated
that by agreement it was in the case of
Garrett admitted that the man had
been killed, and the testimony would be
confined to the presence and participation
Of Garrett in the offense.
THE WITNESSES.
The first witness called was Jailor Sulli-
van, who testified as to the arrival OF the
prisoner at the Jail. Witness thought he
noticeda spot OF blood on the shirt worn
by prisoner. The shirt was brought in and
exhibited; it had two very small stains,
one on the bosom the other on the cuff.
Being cross-examined by Mr.. Borie witness
said the prisoner took off the shirt readily.
Witness did not know whether the spots
were blood or not, but thought they were.
Mrs. J. s. Lee (colored) was the next
called She testified that she lived on lower
Main street; that OIL the day OF the assault
late in the afternoon, Farrell called at her
house and asked for a piece of soap; that
about twenty minutes later Garrett came
down the street very drunk and passing !
the house she noticed that he had some
blood on his right cheek. He then went to a
well near by and proceeded to wash himself. |
While at the well he was talking with a |
little son of Mrs. Baker and witness went !
there and took the child away. Garrett |
after washing, walked across Main street |
and went in an easterly direction. She did |
not pay any attention to him except that |
he was drunk. Farrell, when he asked for |
the soap. came from the direction of the |
lumber yard and went back the same way. |
Mr.. Borie objected to the testimony about |
Farrell as he was not an trial. Mr.. Seal |
Ian said the line OF oftestinony was necessary !
in order to connect Garrett. The Court de- |
cided that the testimony should proce ed.
Soon after seeing Garrett at the well she |
went up town and was probably gone half |
an hour, and in returning saw a crowd in
'front.' OF the place where the Chinaman had |
been carried and then found out for the
first time about the assault. In response
to u question by the Court she said Garrett
was alone.
On cross-examination, she insisted that
the man at the well was Garrett and that
ne had blood on the right side OF his face.
AN EXPERT.
DIR. Holmes was called and shown the
shirt and asked whether there were blood
spots on it, the spots being pointed out.
Mr.. BOrie objected because there had been
40 microscopic examination. The ques-
lion was admitted, and the Doctor stated
that the stain on the cuff looked like tomato
sauce, and he could not tell what the one
IN the bosom was. He was asked to exam
ne it with his glass, but had no glass with
lim for the reason that to make the exam
ma ton the shirt would have to be wet and
prepared.
JUVENILE WITNESS.
Charles Fisk was then called, and in re-
,ponse a bright little midget entered the
,oom. He took the stand with confidence,
out was met with an objection by Mr..
Borie on account of his tender years. The
objection was overruled. He was then ques-
,ioned by Mr.. Borie in regard to
5he nature OF an oath, and answered them
brightly. He was then sworn, and again
asked, "Do you know what that means?'
md he answered "No." He was ques-
,ioned t by Judge Lippincott and then
,urned over to the counsel and examined
oy Mr.. Speer. He was playing near by
md saw Garrett, whom he identified, at
;ack the Chinaman, and knock him down
md put his cue around his neck, when the
yhinaman made a noise, and said look at
nv wrists which were bloody. The other
nen were at the beer keg when this was
,eing done. He was cross-examlned, and
,aid there were five men in the party He
irst saw them by the lumber yard before
;he cutting. Then he and the other boys
vent down by the creek, and Charley
Allison said "Oh. look, see the fight
They went up on the bank and then saw
IA rrett put the cue around his neck. Mrs.
Annie Baker was next sworn, and testified
hat Farrell came to her house and asked
or a rope but had never seen the man
Jarrett.
SAW THE sTABBING.
Charles Compton testified that he had
ever seen Garrett, but identified the other
hree He saw most of the fight and de-
cribed Cannon striking the blow in the
,reast in a graphic manner.
officer Carleton and Joseph N. Eghon
we're sworn but knew nothing OF the fight
md could not identity Garrett.
ABoY WHO WOULD NOT SWEAR.
Charles Nelson, nine year-old boy was
he next witness and Mr.. Borie objected to
inn but was overruled. The Court pro-
eedeL to questionthe little fellow as to the +
ature of an oath, and was met with the
esn,nse that his mother had told him he |
oust not swear. An attempt was made t"
xnlain to hin, the difference between the
wea ring to which his mother referred, and
he obligation to only tell the truth. and
70 was then told to hold up his hand: TO
his the little fellow resolutely objected. 1
wing. II cannot. My mother told me
INST not take an OATH The prosecuting I
ttornevs concluded that they did not need
i'm and he was told to step aside. I
JohnH. Kurtz, James Morris, J. B. Bags
on Officer Hutchinson, George Killing, j. s.
,atersen. Thomas l.. Porter, j. c. Cameron, {
Nv Lumkin and j. p. Young were sworn,
nd testified that they had not seen Gar !
ett that day. !!
D ;rirr.'l testified to seeing the fight, and