Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-05-26
THE MADDUx MURDER TRIAL.
Evidence for the Prosecution
That for the Defence Begun.

Evidence for the Prosecution
That for h Defence Begun.
The District Court met yesterday morn
ing at 9 O'Clock, and during motion hour
the following proceedings we're had:
7. c. jackson VS.. Utah Northern Rail
way; upon certificate OF a Justice OF the
Peace, cause Dismissed; order made dis
missing the appeal.
Territory VS.. Roberts; set for argument
on Saturday, May 26, at 2 p. m.
Richie vs.. Ritchie; motion for leave to
withdraw motion to file c%rossbill; plalntln
granted leave to amend her complaint;
motion by defendant to withdraw answer
granted; rule against defendant to a
over moneys discharged
At 10 O'Clock the case OF Territory
against Charles I'll. Clayton was called. Inc
Territory was represented by County AT
to rney De Witt and Messrs. Robinson q
Stapletop, and the defence by Mr.. w. Y
Pemberton and Messrs. Cole q Whitehall.
A iury was empanelled, consisting
OF j. M. Steward, Albert Thau,
Patrick Mullen, John c.. Martin,
lanes Hepdrew, j.. w. Storer, w. 5. Nc
Gil. C. Sloan, G. W. Newkirk, j. f. Stet'
son, J.. Bechtel, A. Williams. The prosecu'
ton introduced the following witnesses
Peterson. Powers. Plummer, DIR. Jones,
Church. Smith. Moore, Andrews, Whiting,
Christensen and Price. The first teree
were witnesses to the shooting and tne
rest testified to the state OF feeling existing
between Maddux and Clayton and tne
threats of each others existence. Ciay1on
VAS indicted last fall for the killing OF ~
Maddux neal Melrose, on the ioon "
August las5. The evidence adduceo py one
toregoinI witnesses established the follow.
ing state OF facts: That there had existed
n dispute over a patch OF nay grouno
which was public land and which Clayton
had been in the habit of cutting hay from
This CLAYTON commended that ne was en-
titled to do as he had put the land lnsnap'
and had been cutting it for years. Maddu1
claimed he had as much right Co Gu
hay off the land in question as any
body rs it was public land: HARD ieei
ing had existed between the men ~
a considerable time and the eViuenI
showed that threats had been mace eaIi
against the other for some time. on =
morning Of the fatal day Maddux and III
two hired men met Clayton and mis- ni.e'
man at Clavton's ranch, the former eem
on their way to haul hay of the land y
dispute which they had already cut. MAG
dux had a shot gun with him. They go
talking about the hay, and after a passae
Of words Maddux jumped of bis wagon an
started toward Clayton. The latter r.
treated towards his mower that was nea
by and picked up q revolver OIL the sea
with which he shot Maddux. The deiene
was opened by placing Clayton himself .
the stand. His examination in chief wa
conducted skilfully by Judge Cole, afte
which he was cross-examined by Judge Rol
inson. The contention Of the deient
is thas Maddux had the shot gun ]
his hand when he got Oh tn
wagon. and it is understood that their I'm
Of defence will include the introduction
testimony, showing that he made threat
to take Clayton's life 80 openly that I'll
latter was warranted in the impressio
that these threats were then about to
fulfilled, and that he had no aftermath,
but to act promptly in self-deienee. Y
cross-examination Judge Robinson tired
draw the defendant into a confession TIM
when he shot Maddux he intended to X
nm, but the defendant stuck tot that
nred solely with the intention OF SAW