Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-07-07
SQUEALED LIKE A PIG.
TIE ssoME YOUTH THAT EssYAED
THE ROLE OF BURGLAR.


Nicholas ON Sunday morning and
Screamed Like a Woman when Hi
Captor Thumped Him.
At 4o'clock yesterday afternoon the cas-
was called in the Police Court room OF Ter
ritory vs., Charles Clark and Fred Hart be
fore Judge Lippincott sitting az aJustice o
the Peace. This was the preliminary ex
animation to see whether these two shoul6
be held to the Grand Jury for the burglary
OF Messrs. Vogef and M~cIntosh's room a,
the st. Nicholas about 5 O'Clock Sunday
morning, after this paperhad goneto press
County Attorney De Witt was present or
behalf of the Territory, and Mr.. Duffy, o
Campbell & Duffy, announced that he rep
resented the defendant Clark. The twc
lads when brought into court presented az
appearance very far removed from th,
popular one of the desperate burglar. Botf
were
SLIGHT, BEARDLEss YOUTHS,
Hart, the one who came as near as hecould
to killing Mcintosh. being almost effemi
nate in appearance, with a strongly Jewish
cast OF feature. They were dressed in rather
shabby. everyday suits, and looked any
thing but at ease under the eager scrutiny
u u raorn .Harti
color heightened and his eyes ifo5ookteadd as ii b hge O
saucers, apparently with doubt as to wha,
would befail him, while Clark wore an EN-
-barrassed air and almostimmediately upor
sitting down began to talk with his attor
ney. He looks barely 40, has a broad, higE
nFsah oad 6nuI hasn hl1a n-Aa /. -~@.kl
and firm jaw, with perfectly pale, beardless
face. Though not nervous. he was evidently
much disconnected by the steady gaze tc
which he was subjected. Hart looks about
Is or 10, thin face, high prominent nose
brown hair and eyes an full lips. He STAN.
mers in speaking.
MR.. DUFFY ovERRULED.
Mr.. Duffy called the courts attention to
the fact OF a recent ruling OF the Supreme
on an application for habeas corpus
that required testimony at a preliminary
examination to be taken down in writing,
but Judge Lippincott overruled the motion
that he could take all the testimony
for his own information and that
if Mr.. Duffy wanted to furnish a stenc-
grapher himself he would have no objection
to appoint one. Mr.. Duffy not being ready
to do SO requested that his objection be
noted to the examination proceeding in
This irregular manner in case he should
want to obtain habeas corpus for his client.
The examination OF witnesses then began.
COLIN M'MTosH,
the first witness examined, testified that he
is a resident OF Tacoma and was stopping
at the ST. Nicholas hotel in room II on the
second floor OF the brick portion of the
He went to bed on Saturday night
about IL o'clock; woke up about 3 o'clock
Sunday morning; saw the room door open;
asked his friend MIR. vogef who Was Sleep
ing in the same bed with him if he had
locked the door before retiring, when he
saw a figure creeping on the floor toward
the door; jumped out of bed and chased
him through the hall into another that
at right angles with the first in which
he overlook one of the defendants, Hart,
and pulled him down on a sofa catch
ing him by the throat; Hart drew
pistol and fired, the ball passing
through the elbow of his right arm and
in the jamb of a doorway; Hart
tried to fire a second time, but he caught
the hammer under his thumb. wrenched
the pistol from him and pummeied him
with it. Hart squealed like a pig
as witness was chasing him; a crowd col
Iected, the police arrived and Hart was
away by them. He produced a
pocket-book and purse containing
about 5000 in gold that the thief had re-
from his clothes which he had left
a chair when he went to bed. The
was afterward found stuffed down
INTO the sofa and the purse and pocket
book had been picked up in the hall where
The thief had thrown them while running
away. He also identified the night shirt
ne had on at the time, which had a hole
surrounded by powder marks in
5he front and was covered with blood on
the left arm. On cross-examination by
Duffy he declared he never saw Clark
IN the morning in question.
OTHER TESTIMONY.
Charles Vogel testified hat he had locked
he door OF their room on the night in ques-
ton before he retired and confirmed his
testimony as to what he saw when
ne got into the hall where McIntesh'was
taking satisfaction out of the thief. He did
lot recognize Clark, and on cross-examina-
ion developed entire ignorance of that
young mans identity.
Hugh Kirkendall. the Montana Central
contractor, roomed across the hall from
room II, was q witness and testified to be-
ng awakened by the rumpus in the hall,
and afterward hearing as he thought a
voman's screams, which were Harris pray
,rs for mercy from Mcintosh. On going out
TO where they were after the shot a been
ired. he found Mcintosh with his hand on
5he thief's throat and the latter following
ike a woman Don't kill mel''" s. haint
lone anything to you'll" and SO on. He
him thrust his arm down into the
sofa and afterwards on the spot being
McIntosh's watch was found there.
Kirkendall on cross-examination
thought he had seen Clark before, but &C
him OF being present when Hart wal
Mr.. Davis, the night clerk of the st.
Nicholas, testified that Clark had come to
5he hotel on Saturday night and asked for
4 room: that he showed him up to No. AZ
d the rear OF the house, which he said
would do if they had nothing better; that
Clark registered and paid for his room and
,aid he might nave a friend to sleep with
Tim. but didn't know il that friend wal
He failed to connect Clark with the
other as an accomplice in anyway, save
that he had found Harris shoes, hat and
,oat in the room where Clark was Sleep
ng.
Annie Cummings, q ~chambermaid, testi.
fed to finding a soft felt hat. papers and a
revolver in the room, but her testimony
was unimportant.
Jennie Cooper, another chambermaid,
Jailed to recognize either of the defendants.
However, Miss Cooper roomed across the
hall from No. AZ, had heard two strange
men wandering about trying doors at
about midnight and had gone down and
detailed her suspicious to the clerk. No
thing came OF ii, however, but Miss Cooper
sure the parties she heard could be no
other than Clark and Hart. Thereupon
Mr.. Duffy took the witness in hand and
proceeded to extract from her the grounds
81 her conclusion in a name that discon-
certed Miss Cooper very seriously. Mr..
Duff, 3 forte lies in cross-examination, as
the lady found out to her cost, and when
abe was reduced to a thorough
condition of helplessness the Court came
to her rescue and told her that
if she could answer the ~counsels questions
to do SO and if she could not to say she
didn't know. So thereafter Miss Cooper as
sumed a far-away gaze and looked pen
siyeIy in the direction of the Highlands.
and when Mr.. Duffy asked for the width Oh
the hall where her room was she said sne
didn't know, which in turn disconnected MI
Duffy who then asked her if she could tell