The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-08-08
NOT PROVEN
Garrett, One Of the Alleged
1Murierers. Discharged.
TIL It ESTI MONY
AS Taken Before the Judges Yester
day Not SuRcientJo Hold the
Accused.


Yesterday morning the preliminary hear
ing in the ease of Edward Garrett. aceused
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'iii ~ vas % ieeu'iieu III '''e ''i' i''it VI 'i'S
District Court at the county court House
As on the previous occasion Judge Lippin-
cott was assisted by ,judqes French and
S;o,,,1s Ass;s+,nt D;.t,..t A,+,,ra,.
Seaiiah ana Mr. epeef Appeared i'f ihe
Territory and Hon George L. Borle lor the
accused, There was a large crowd i'll at
+cna,p.a and fbe nrocnffincs thrnughont
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ne MIN VINO aeeetip't' '''t ''i'. running
away Il ON '"e '''.'' w l''i'i
athi on whose description the prisoner was
arrested could not be found, consequently
the prosecutors concluded to close the case
and let the defense proceed with its testi-
mony.
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Mr.. Lambert and Mr.. TruaX were both
there during the afternoon. Witness did
M. Ia hn ,rfinT ll1t il q
o'clock. Was sure OF the time, forshe look
ed at the clock. When she left the prisoner
was still there and was not drunk. She
flrst met Garrett at Mrs. Powell $ boarding
house on Arizona street.
WANTED A HANGING MATCH
J.coh Lanber+ q cs,roenter WAS called
and testified that he had an interest in the
Hen, sa1oon which * also Lnown as :, hner
garden. On the day of the assault. July
2Dth he wasat the Gem from abont ! untii
s o'cloclz D. m. Knows Garrett and saw
him at the Gem all that afternoon in com
panv with Rose Brew. Witness went to his
simmer and subsequently, returned to the
Gem First heard Of theassau]t in front of
the Colorado restaura ut on Main street and
on his ret,irn told the peonIe at the Gem
about II. remarking. .sSuch things ought to
be stopped or there would be a hanging
match" On cross-nxamination he repea ted
that he was about the Gem all the alter
noon and had seen Garrett there and did
not see him anywhere else. During the
talk about the assault Garrett had said
that he did not think they would hang Il
white man for killing a Chinaman and that
he thought the Cinnamon ought to be pro-
tected.
WAC ,-r1 n,,-xv
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.;ee. ~ oa'.'
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gu ei'e "l.V' .roo, "''h vs. 1 ,v
e:tiie '"ouu '''," n.y. f
vs.. hrtne's NIns ~ t'po"I 1toeM ~
was NOT drnnk. Did not think Garrett
was there when he returned from supper |
The witness was crOss-eXamined but his |
testimony was not shaken and nothing !
new elected.
THE Br.EEn!NG NOSE.
During the previous examination, and at !
the coronels inquest, the accused had |!
stated that he was subject to bleeding OF |
the nose. George Stevens and Edward |
Griffin, two prisoners at the iaiI, were called |
and testified that they had known Garrett I
since he had been iulDI.isonctl, and that [
during that time his nose had bed ire
alIpntly.
on TIL, STREETS.
Holm I Rowland testified that ON thp
day OF the assault lust before slndown, be- |
tween $50 and 1870 O'Clock he met the ac-
cusetI at the corner OF Main and Gaiena
streets. He talked with him at the time
and was sure he was sober. The subject Of
the conversation was the cutting OF. the
Chinaman but the prisoner did not have
much To- say about it, Witness was not /
absolutely sure as to the time but ii was
that Monday evening about sundown.
NIn. tonnors testified TO the same lic'S,