Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1886-08-11

jerks Lewellen sworn, and said: Iwen,
into Harris to play . game oi1pool
heard some one talking in the little room
Deceased came in with q glass Of liquor anG
| said to Walter Jane:>~ Il am id glad you
got throwed.". Deceased then sat dow1
and Pascoe got up and went out.
followed. Played q game with Pas
coe. About two weeks ago deceased
asked me il 1 could give him a job OF work
| ago he came in my saloon and said: "Are
you going to give me that job?" I said.
Eyes, as soon as 1 can. Do you think
am beholden to you? can't lay OF men
for you" l was talking last night and the
| first thing l knew l got a heavy blow. De.
| ceased struck me in the face. I struck at
| him with the billiard cue but missed. Then
I ran out of the saloon with the cue,
for q policeman. I kept out Of
the way, as I did not wish
to provoke = quarrel. I had him arrested.
Az / went up Main street after an officer ]
still heard the racket in the room: | told
kee Beer Hall. 1 did not want to have
Foote'S i'll will, as l knew he would sooner
or later do me up. The officer took Mar.
tin; when l told him he had the wrong man.
l said Foote was the man, but he IA then
dying.
Charles Carleton, being sworn, said: I
am an officer. Heard of the trouble while
at the corner OF O'Rourke's business house.
Went down to the Milwaukee Beer Hall.
Lewellen cam up and said, Charley, get
down TO tho Milwaukee Beer Hall; there ID
a rough-and.tumble fight there" When l
got down l saw two men holding deceased
down on the floor. The last man who had
had a racket with deceased was Sailor
\ ~ ~-~nAAl ls~ P~ worpnct nj
Officer Smith and Martins friends I re-
leased him, as nothing was found against
him.
G. T. Bennett being sworn said: Was at
the Milwaukee Beer Hall at the wrestling
match; saw Foote drinking; heard a man
call Foote a d-m fool. Foote said: II
am no d-m fool and don't want to be
called one." Alfred Allen called deceased a
d-m fool when deceased struck Allen in
the face twice, and tore his (Allen's) coat
in two pieces. Fo0te and anuther man
went to the bar and took q drink. Foote
then went back in one Of the little rooms.
He came out and said to jerks Lewellen:
"You promised me q job oil work." De.
ceased struck at Lewellen when the latter
ran for the door with a cue in his hand and
at deceased with the cue, but did not hit
him. Sailor Martin then said: ''Don't
act that way" when deceased said. ''you
are as bad as the balance" and started to
hit Martin and a him out of the room
and tore his coat in pieces. Deceased
then said: II will fight any son
--- in the house." I assisted in
holding deceased down. After Pascoe
and Sam Harvey released deceased l took
him and poured some water in his mouth,
and some on his head. Deceased gave a
convulsive struggle, one long sigh and died.
1 am sure Pascoe did not have his hand on
deceased's throat, but was holding him by
the lapel of his coat with one hand and by
the wrist with the other hand. Deceased
was very violent and kicked me on the leg
several times before l attempted to hold
him down. Some one said: RELEASE him."
(deceased) when another said: mo, for he
will fight again." He fell On his face and
cut bis lip in trying to hit Martin. Never
heard anyone say deceased was being
choked.
This closed the testimony and the jury
brought in the verdict as published in yes
terday mornings MINER, that deceased
came to his death by the bursting of an
important blood vessel in the region OF the
heart.