Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-12-21

ness then supplemented bis former stata
ment by testify ing that GalIarher. oIlo
ing the fight, shook hands with ever
iriends. while Ward remained insensibj,
ano OLD not speak. 81 cannot state whs
.ne persons were whom Gallagher greeted
snought Ward was very seriously Injured
nao NO business at the springs Sunday
TS tnan 70 see the fight" This closee
Albert B~ushyager was called next. n,
testified as follows:
am working for Mr.. Sprague In the ca
paclty OF bartender and hackdriyer. Wa
az crystal springs Sunday; drove q part,
out there; saw part of the fight between
Ward and Gallagher. The man whom / tool
out In the hack was Abe Golden. Comm
back had Eve or ak In the hack. Amons
them was Ward. Don't know who ths
Others were. / know their faces but moi
their names. I think Golden acted af
referee. Those whom I recall a. being pres.
snt were Henry Albertson. Ward. Jack
Hyland, Golden, Sprague, Gallagher and
thornton. I took Golden ont upon Enc
order OF Sprague. I think there were about
twenty persons present. Ward seemed
very weak upon u rtturn to the city. he
was sensible and walked to the hack when
We lett, but when we got to his room he
appeared very weak. Yes, he talked before
he entered the hack. / would know the
man that drove the hack that Gallagher
was In IL I could see him, but I do NOT
Know his NAME"
Bart Flowers, driver OF the city hose cart,
followed Bushyager, and testified as fol.
lows:
81 drive for the Ere department. I keen
my team ct Lavelle's livery stable. I was
around the barn until 4:3O D. m. Sunday
afternoon; was not at Crystal Springs and
know nothing Of the fight except what I
have heard. / was not there at all: did
not see Ward or Gallagher Sunday; am not
acquainted with either of the men,"
p. d. Sprague testified: s.Live on East
Broadway; keep q lodging house and
saloon. I was at Crystal Springs last
Sunday. Ward and his partner hired me
their purpose in going out. I drove the
hack myself. I always drive my own hack.
Ward did not pay me, but said he would
see me the following day. Five men went
out in the lack. Ward promised to pay
me $40 for taking himself and partner out.
l am q very poor hand to remember names
and not being acquainted with the men /
made NO inquiries as to who they were.
They did not tell me what they were going
to the springs for, and, OF course, I did NOT
ask. After arriving at the springs they
who was the referee; didn't know him.
Yes, I understood before leaving the city
that there was to be q fight; don't know
who took Gallagher down to the springs.
he vent down in q rig owned by the Star
stables. These stables are located on
Galena and Main streets. I drove Ward
ont and back myself. Bushyag r drove
another rig down, but let some one
else drive the team back. He rode
back on the seat with me. Ward did not
appear very we'll when he got out OF the
hack. He walked to the carriage leaving
the springs, nj had to be assisted up the
steps going to his room. Three boys
helped him up the stairs. Everybody in
the hack was quiet coming home. Several
times they urged me to hurry and drive
fast. ! got lost in the smoke and they
scolded about it. The two men left $40
with me about two weeks before the fight
with instructions to give it to theman who
won the contest"
ibid they not give you their namesr"
asked tile court. |
mo, sir"
'You will swear to that2" |
Eyes, SIR"
8 it not singular that two men whom
should leave a deposit Of $40 In your pos
session and not give y,'u their names?"
st is; I suppose 1t is, but they told me
to give it to the man who should win"
"But IL you did not know them, how
were you to identity them again, and how
were you to decide to whom to give the
money!"
The witness exhibited considerable em.
barassment at this point and was evi.
IDENTIFY caught ia q trap, but his examine
ton was not continued further, and much
to his relief he was dismissed.
Here the proceedings were brought to an
abrupt standstill owing to the SUPPLY OF
witnesses having been exhausted. Abe
Golden had been summoned, but that
worthy though he may have been present
in spirit was conspicuously absent in the
flesh.
Marshal Macarthur, who had watched
the proceedings with keen interest, dis
appeared for q few minutes and
returned with Jack Hyland in tow. The
marshal had dug him up in Sol Levy'sd
saloon. Jack wal sworn to tell the truth,
the whole truth and nothing but the truth,
West Granite street and by occupation was
q saloon q 20
Jack. were you at Crystal Springs Sun.
day lastf" asked a juror.
II cannot answer whether I was or not
"Why can't you answerf" .A:|
because I cannot be compelled to give
testimony that will criminats me-"
did you see the fight between Ward aud
Gallagher"
II cannot answer" Il
did yeu act as on OF the sscondsf" t ,
II can't answer"
do vnu know the names OF any OF the
parties sent2"
81 can answer"
ibid you have any talk with Ward that
day."
Juror Cutting suggested that hyland was
presumably acting upon the advice OF has
attorney, and that it would be useless to
question him further, as he evidently knew
what be was talking about. e~.
Z "That il no guarantee that his attorney
is inialhble authority" remarked the
court. -.
~ would suggest to the court" said
Marshal Macarthur, after two or three wit
uesses had been examined, the wisdom OF
excluding the remaining witnesses from
the room during the hearing OF testimony.
As I came ia I noticed those outgide stand
inc close to the door. When o witness
concludes his testimony he goes out, in.
forms the others what-h he has testified to,
and they arrange their evidence accord.
ingly. They should be kept away iromlthe
court room" =.
The court then issued Instructions IN &C.
cordance with the marshars suggestion.
An adjonrnraent was then taken until lo
O'Clock this morning, when tho testimony
will be resumed.
GETTING TO BE BAD.
A Man with a Contempt For Law and .