The Helena independent., 1889-10-30
The Cutting Serape Which Happened
at Jay Gould Heard in Pro-
bate Court.
A Number of Witnesses Who Saw
the Occurrence Tell How 1t
Happened.


The preliminary examination of John L..
Glendinen for an alleged murderous assault
npon Justice Frank Duffy at Jay Gould
Sept. ~ was held before Probate Judge
Hovey yesterday, occupying the greater
norton of the day, The matter was taken
under advisement and Judge Howey Will
render n decision at 10 o'clock this morn
ing. The territory WIS represented by
Prosecuting Attorney Ballet, Judge Wm'
e. Cullen appearing for the defense lhere
,,,aro n number of witnesses TO the ARRAY
ona all were present to give in theIL testi-
mony. ,.- ,...
'T1e 1narrel grew out of politics, Justice
Dnffy being democrat and Olenolhen
republican. From the evidence seems
that on previous occasion soihe ueinoctat'c
or",or made a remark to which Glendinen
,aot executions. and he and Duffy had some
svords about il. The night of the cutting
thnre was n democratic rally IN Jay Gould,
aud after IL WIS over men were Visiting the
various drinking resorts. Duly and Glen
dinen met in lack Lawrence'S and were
thara when fight took place between two
men and Duffy in his capacity as peace
officer attempted to separate them, ana III
some way Glendinen mterfered, OF ~
seemed 10 Duffy that he did, 30 ne pusneu
him back and angrily told him to attend 10
his own business. -.
Glendinep applied foul epithet-just what,
was not testified to-and Duffy, turning
snddenly. struck Glendinen i'll the eye.
The two men tried TO grapple and Duly fell
10 his knees upon the hoor. They then
clinched and while struggling, Glendinen
whipped ont pocketknife and cut his an
taponist in the side. back and abdomen.
The men were pulled apart after it was seen
by bystanders that Duffy was injured and
Glendinen placed under arrest. IL was hrst
stated that Duffy's wounds were fatal, but
that was only rumor. They were quite
serious. however, and owing TO his condi-
tien Duffy has not been able since then 10
appear as prosecuting witness. He showed
no signs Yesterday of i'll health.
The defense Of Glendinen was that he
acted in self-defense. Prosecutor Ballet
held that the evidence went 10 show that
after Glendinen was struck ana Duny iell
upon the floor that Glendinen, In renewing
bostilities, became the assailant and was
not entitled to any protection of the law at
forded to a man assailed, and even If he
were there was nothing to show that his life
was in danger to warrant him TO resort u
the desperate means he did to defend IT.
He also claimed that two witnesses had ties
tilted that he was glad he had missed Duffy
the first time he struck at him, and argued
from that that the first blow must have
been struck at Duffy's throat, which blow
jeopardized the mans life as well as the
wounds inflicted upon his person.
Judge Cullen held that the complaint
charged that his client committed an as
sault upon the prosecuting witness when
the evidence proved the contrary. IL was
ludcrous for the prosecuting attorney To
call the knife used murderous weapon, as
il was an instrument one would hesitate 10
use 70 attack a bedbug. The case should
be dismissed. The judge will decide but
one point and that is whether Glendinen
shouid be held to the grand jury or dis
charged.