Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-12-14
STILL DRAGGING ALONG.
The Second Day Of the Pre-
iiminary Examination of Jo-
seph Barriere for Murder.
Most vexatious Delay Caused
byNumerous objectionsand
Grand Legal Wrangles.

Grand Legal Wrangles.
From Wednesday Daily.
The preliminary examination Of Joseph
Barriere for murder was resumed in Judge
Newkirk's court yesterday morning
shortly after 10 o'clock. Up to the
present the examination has developed
some phases which appear strange, to say
the least, to the ordinary lay miad not
versed in the intricasies and complex RAM
ifcations OF tine Law. Able attorneys ap-
pear in the case n consequently every
thing In connection with the hearing must
be regular. Still, as said before, to those
not lawyers. it seems that the case is one OF
those occasionally heard OF in which it lie
said hat there is too much law, rather
than not enough OF it. Evidence very ma
terial to the states side OF the examina-
ton is excluded, because some Judge in
some far off country. q judge who probably
had no greater wisdom and was not pos.
sesssd Of more legal knowledge and erudi.
ton than some OF the very ordinary
lawyers Of to-day, ruled in q similar case
that similar evidence should be ruled out.
In consequence Of the existence OF such
rulings and their acceptance 70 correct by
the present generation of lawyers. the
state IL hampered on all sides, and
testimony that would exercise great
weight upon the minds Of q court or jury
is excluded just because some one in some
other place and at some OTHER time has
iuled that such evidence was inadmissable.
Because Of such law, or rather decisions
the defense so far has had the best oft and
the prosecution has been able to make
only an Indifferent case. Besides being
thus hampered by adverse decisions the
state has another great difficulty to con-
tend with. Witnesses for the prosecution
who would probably have been able to
give strong testimony against the defen.
dant have, by threats Of personal violence,
made by the pinkie element Of Galena
street. and friendly to the defendant, been
frightened into silence, Oh ii they testified
at all it was to give only the most super
fetal testimony which had no bearing on
the case and consequently carried no
weight. The case lie at best a di Iicult one
for the prosecution to handle as no person,
save a little child, was present when the
murder was committed and therefore no
direct testimony car be adduced. All the
evidence so far has been merely clrcumstan.
tial and with the vast array Of witnesses
which the defense are prepared to place
upon the stand it need not Great q surprise
if at the end OF the examination the states
case will indeed be q weakone. Amajority
oil the witnesses for defense are said to be
personal friends OF the accused and repre-
senting q peculiar stratum Of social life 1t
is easy to surmise what their evidence will
be.
The first witness to take the stand was
Lizzie Hall, the colored woman who on the
preceding day stated that she was afraid
to testify because q man threatened to
horsewhip her If she told too much about
the affair. All the witnesses in the case
we're summoned into the court room and
she was asked to point out the man who
had threatened to whip her, she having
said that the party who made the threat
was a witness in the case. After looking
at the crowd q few moments she pointed
ont Phil Bessette, a burly Frenchman who
has been sub@naed for the defense. and
said re was one. She was then asked to
repeat the language he had used and said
that he had told her he would horsewhip
her IL she did not tell the truth. II know
though what he meant" Miss Hall o
tinued, she didn't mean what he said. but
meant that il I told too much he would
whjp me. He's got it in for me and don't
want me to tell what I know" The witness
said that she very well knew what Bes.
settle really did mean when he
told her to tell the truth, because
of his conduct and manner OF speaking.
She was asked il she were still afraid OF
Rsssette, and she replied in the negative,
although from her demeanor and I'M
of speaking it was evident that she felt
ANYTHING but assured, and that it was fear
OF the fellow that caused her to reply as
she did. She then proceeded totell what
she knew concerning the case. but her evil
deuce was If an unimportant nature. At
the conclusion of her testimony, taken
down by q htenographer, the prosecuting
attorney asked that it be read to the wit
ness and that she sign it. The defense OBJ
iected and q lengthy argument was the re-
sult. The court finally decided that the
evidence of witness should be read and
signed. A recess a o taken, it being
noon, until 2 O'Clock.
In the afternoon Blanche Deslardins was
thef first witness called. The prosecution
intended to materially strengthen it's case
hv the testimony OF this witness, but be-
f1re a hall dozen questions had been asked
her the defense raised en- objection, and
what threatened to become an intermina-
ble discussion ensued. The question
To which the objection was made wa cslcu-
lated to show that the night proceeding her
murder Mrs. Berriere visited the witness
and in a highly excited and frightened mail.
ner told the witness that she was afraid
Barriers would murder her before morning
and cave the witness directions to look
after the children until her sister, the de.
caased's. could arrive from Chicago and
tale them with her. Deceased then and
there counted what money she had and
told the witness that it amounted enough
To nav all billn up to Dec. l. A short time
afterward during the same evening, de-
ceased az in visited the witness n gave
70 witness 5000 in money and also her
diamonds. saying that she was sure that
porr;ere would kill her before morning.
| 1,his evidence was given before the coroner's
;nry and the prosecution desired to intro
| duce it at the hearing, contending that IL
| had great bearing on the case, as 1t went TO
sbov that deceased IVES apprehensive Il
y;olence and was in mortal dread Of Bar.
,;ers as was shown by her excited and
nervous condition at the time OF her visit
to the witness, witness stating at the in
Quest that deceased was $50 nervous at the
f;me that she could not sit STILL"
After an hours argument the court sus-
tanned the objection and the examination
nroceeded. The witness testimony was
Substantially as follows: The night before
o. L;II;na I sax Rarriere hang about the