Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1886-08-11
THE C0ROMER'S INQUEST.
Henry Foote'S Death Caused BY the
Bursting OF an Important
Blood Vessel.
The Testimony Of q Dozen Witnesses
Taken by Coroner Whit.
ford, Sunday.
The Verdict Of the Jury Exonerates the
Participants in the Quarrel
From All Blame.

on the OOOy OF marry COOCe, WHO euu-
denly died early Sunday morning in the
Milwaukee Beer Hall, while being restrain
ed by his friends from violently assaultlng
Mr.. Martin. The jury was composed OF
Messrs. j. s. Roberts, D. J. Schlesinger, +.
Maier, Robert A. Ennis, E. Gallick and
J. r. Bordeaux. About a dozen witnesses
were examined, whose testimony fully de-
veloped all the facts in the case.
Mr.. Lon P. Smith being sworn said,
81 was called between 1 and 2 o'clock Sum
day morning to go up to the Milwaukee
Beer Hall; found a man on the sidewalk
and people tanning him. / took possession
of a man by the name of Martin but let
him 90 as there was nothing against him..
DR.. Sarchet told me there was marks on
his neck. He was still alive when 1 got
there. His face looked natural. So far as
know there was no difficulty between
Foote and Martin"
VIM. Harris, being sworn, said: saw
two men take hold of the deceased and adj
wise him to quit quarreling. Pascoe and
the deceased acted like brothers. Saw de-
ceased run Lewellen out OF thehouse. The
men, were apparently sober, although
they had been drinking some.
J.C, Parker, being sworn, testified that
he went into the Milwaukee Beer Hall at l
O'Clock Sunday morning. Sat in front OF
Fishers restaurant aud saw a man come
out of the beer hall with Il billiard cue in
his hand. Deceased came out and wanted
to fight. l then went to my room, but
heard more disturbance and went back. i
Jaw deceased struggling on the floor. Two
hO1lsnn hi" Tho m0n cold fn
deceased, "Now, will you be qaiet?" Ny
friend remarked, He's s~uffocating." 1
Sid, "Get a policeman" l cannot swear
that deceased was beng held by the throat.
| was of the opinion they were ~endeavoriDg
to pacify him.
Michael Martin, being sworn, said: Have
known deceased three or four years. Saw
him last alive at the Milwaukee Beer Hall.
There was a wrestling match there that
evening. We sat down in the wine room
and he tool drinks with US. He was drunk
at the time. Deceased said to Lewellen,
''You promised to give me work" l said.
II did, but had no show to put you on"
Deceased then struck Lewellen in the face.
He then ran Lewellen out in the street.
Lewel,en had q billiard cue in his
hand. Deceased threw bis hat and coat
off and danced around and raised the dick
ems. l told him to sit down and behave
himself. Deceased then struck me on the
neck. / ran from him but he followed and
chased me all around. He grabbed me and
pulled part Of my coat off. He made a
lunge for me and fell on his face. have
been sick several months and could not
take my part. / felt bad and cried because
/ did not like to be abused as I could not
take my own part on account of sickness.
The boys wanted me to have him arrested,
but l would not. Deceased then went back
in the room and clinched with Williams
and scuf1ed. Deceased was s~cufiing with
Williams when l last saw him. When de.
ceased struck me we were over on the side
walk.
DR.. Sarchet being sworn said. l was
called at 3 o'clock Sunday morning to see
deceased. When l got there l noticed
slight abrasions OF the skin under the chin.
My opinion is the bruises were made prior
to the trouble. The young man who called
me said the deceased was desperate and
men were trying to quiet him. l heard
people remark that the rage of deceased was
simply terrible.
Samuel Harve being sworn said: Knew
deceased. Had a drink Of two with him
after the wrestling match at the Milwaukee
Beer Hall. He was not drunk at that time.
I helped hold him down, was on his legs.
Pascoe was holding his head. Hesaid ''hold
his feet down. We will have to pacify him
or he will kill some one." did not notice
his neck. Pascoe and deceased were friends
as far as I know. Some one said 'leave
are choking him." The row evidently be-
gan over some business matter with Lew
ellen.
James Pascoe being sworn said: Have
known deceased several months. Was in
the Milwaukee Beer Hall w o or three hours.
Saw deceased at 12 o'clock; took several
drinks with him in the little back room. l
vas not drunk. We had no angry words
during the evening. Lewellen said: "Pas-
cOe, l will play you a game OF pool We
started to play when Lewellen and de-
ceased commenced quarreling and de-
ceased struck him and ran him out OF
he attempted to strike deceased
with the butt end OF the cue. Deceased
came back and commenced talking with
Martin and made a blow at him running
him out also. l went to the door; saw de-
ceased make a blow at Sailor Martin and
fall on the ground. Deceased said: "That
son --- promised me work." | said,
LET it drop. We will go back in the room"
We started back and met Williams whom
deceased attacked. Williams threw him
down twice. Williams tried to get out OF
his way. I then took hold OF deceased
around the body. Harry had hold OF his
feet. Deceased said to me several times,
Jimmy that son ---" l had hold
of the lapel of his coat. We had him |
about two minutes. I said to him, "Harry |
be quiet and w will let you up" We let
him up. When he attempted to get up he
fell back. George Bennett took hold Of
him and gave him water. I heard no such
remarks as ''let him up, you are choking |
him."
Evan Herbert was sworn and said.
When coming from Jewellers saloon next
door I saw Sailor Martin running from
Foote. 1 heard Martin say. II don twant
to fght.' Foote attacked Martin and the
latter an. Williams attempted to pacify
them when Foote attackedhim (Williams.)
Saw deceased go into the house. Will
Jams had hold OF Foote when they vent in
the saloon. By the billiard table there
was s%cuf1ing and Foote threw Williams
down when Williams got out OF the way.
Jimmy Pascce and another man then
threw deceased down and held him. I was
close and saw it all. I did not
see any blows struck. He fought to get
from them. Pascoe had decea. ed
the neck holding him down, the
other man was sitting on his chest. II
could not say whether Pascoe was choking
nv pnf h,f ~ AMMAN roJ %ho% 49,