Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-12-22
NOT THE MAN.

@S1
ExAMINATI0N or ALI HEN ON
cHARGE or KILLING BRADEN.
Conclusive Testimony by a Host of Wit
nesses that All Hen. the Man WHO Has
Been i'm Custody fora Week, I'm No Way
Resembles the Nan Wanted for the
Murder,
The preliminary examination Of the
Chinaman who has been held in custody on
suspicion OF being the man who aIashed
John Braden across the neck witha saw
on the afternoon OF the 9Th instant took
place yesterday afternoon in the Probate
Court room at the Court House before
Judge Engel. It was held there at the in
stance OF Mr.. Spter, counsellor the defense,
because he expected that it would be neces-
sary to exclude the witnesses from the
room where the hearing was held
while it was in progress, and there were
more conveniences at the Court House for
this purpose, and because there WA more
room there to admit the public to the
hearing than in the Justices Office, and a
large audience awaited themselves Of the
opportunity. It was also c safer place TO
hold the hearing in from the fact that the
| officers OF the Court House were present in
case they should be needed.
County Attorney Dewitt examined the
witnesses, and. their testimony being near
" all in ia vor of the man under examine
ton, Mr.. Speer had very little occasion to
cross-examine. The first witness called
was Michael Ward, who test: fled to the oc-
~currences at the time Braden received his
death blow as already published. Accord
ing to Linn, Braden gave the Chinaman no
other p~rovocation than to tap him on the
shoulder and inquire how he was getting
IN with his saving wood. Asked if the
Chinaman under arrest was the man who
struck Braden he replied he was not SO old
g. man as the prisoner. He was q few
inches taller thar this man. This was not
the man at all. He could not remember
whether the Cinnamon had a beard or not.
Michal Dugan vas the next witness. Al
ter r~eciting the occurrences that took place
ten feet away from him on the afternoon
III Uu6 OUu 1U6Us u0 UOO u6ClhT6u lHdU 3
not him, at af.n The man who did the
deed was a big stout man, taller than the
prisoner, who in no way resembled him.
Both Dugan and Wood were with Braden
in Murphy's saloon, went out into the al
ley with him, and were only ten feet away
when the blow was struck. They therefore
had the best right to know whether the
prisoner resembled the Chinaman who gave
Braden his death wound, and both were
emphatic in declaring the man under ar.
rest not the man wanted.
1t was evident that the case might safely
rest here, but in order that the public mind
might be satisfied that the murderer is still
at large, a number of other witnesses we're
put on the stand and examined. A man
named Stanley swore that he saw the MUIR
derer at work saving wood in the alley
five minutes before the occurrence, and
him as All Chez. HeWas yodnger and
taller than this man, meaning the prisoner.
Laughlin, the next witness, testified ondi-
rect examination that the,prisoner was the
who was saving wood at the place in
question a few minutes before 3 that after
noon. He lives lin a roo overlooking the
spot and about that time he got up, built
a fire and looked out of the window when
he saw the man saving wood. He was
dressed in d fife rentclothes to those he wore
DIV UuC 6Adtultit UlOAs Il U66CEIDSu It'll dS
dressed at the time of the occurrence in an |
old blue shirt, black pants stuck in stogie |
boots Inc wearing a kind Of Scotch wooden
cap. He wore a goatee an inch or an inch
and q half long then and had beard grow |
ing all over his face. To the best of his be-
lief that (pointIng to the prisoner) was the
man. Allowing for the difference be-
tween his appearance then and now, dressed
in ordinary Chinese garb, without any
beard save a weeks stubble on his face, he
thought he could identity him.
On cross examination, he admitted that
the window OF his room must be over |
thirty feet away from where the Chinaman
at his work saving wood. Finally,
he wouldn't swear positively that thfs rwas
the man, only that to the best of his belle
he thought SO.
Mrs. Haekett's testimony was to the ef-
feet that she could identity the priso. er as
the man who was usually employed in saw
wood back OF the restaurant in the al |
ley. The last time she saw him there was
on the Friday preceding the Saturday on
Braden was murdered. All her evil
dence was irrelevant as only going to show
she believed she had seen the prisoner saw
ing wood on the spot where Braden fell at
other times previous to the day of the oc-
and her evidence was struck
out.
The next witness was a man named Fox,
Mr.. Fox seemed to labor under the impress
sion that this was a conflict of wit between
himself and the County Attorney. He was
little how-come-you-so, besides, and was
prepared to settle the case out of hand by
the simple expression of his opinion. He
impertinently to the County Attor-
ney's questions and used cuss words pretty
freely. The Justice ordered him under ar
rest for half al hour to convince him of the
proper respect due to the presence he was
N. The Sheriff and Under Sheriff hustled
him out unceremoniously, took him up
stairs, and accommodated him with a cell
or a little while.
Doc Beal testified that he knew All Chez,
jhe man wanted, and had known him for
Xix or eight years. Saw him on the 4th or
18th inst, but was not in town on the 9Th.
Ah Chez is a man 5 feet 10, taller than the
and had worked for him, SO that
met him on the street and recog-
lized him. This was not All Chez. I
Half a dozen other witnesses were put on
he stand and one after another asserted
positively that the prisoner was not All I
nee, the Chinamau b sawed wood in 6
he alley for the st. Louis restaurant.
hey all did business in the vicinity or '
'assed by the place frequently while the
was at work, and in every case they I
escribed the man wanted as larger than t
he man under arrest. Some had seen him i
t work as recently al 8 o'clock that Sat c
rday afternoon. A man named Anthony 8
ad worked beside All Chez frequently and y
alked to him, and was well acquainted 2
it'll his appearance. a
County Attorney Dewitt suggested that f
here was no use in going any further. Hell
as satisfied that the Identification was a
The Justice remanded the prisoner to the
lstody OF the Sheriff and directed that he r
2 brought down to this Office at 5 O'Clock :.
hen he would give his decision. At that
our the Sheriff brought All Hen to Justice
ngel's Office on Main street when he was
finally discharged. :.