The Anaconda standard., 1889-10-17

:Ss :ssfs ;s e:.s:s s. Minute. s; a. g; .s mp
@ ~: He vsns ess hy ths fFsns doos.
"A a THE point n. o,Don.s,i .s.in OBJ
ducesi. NJ. Booth ursed that tho prose
sas s:ss h: .: no sicS' :S' s.a s.
ins. Of the prisoner: Aftor a very sharp
court s,a.tained Mr.. Booth.
:s.;sssa so % g g; , sis.; @ :.ss: - ;. e eis:., -, 3
Lon. r. smith. chief Of poiice. said he
% FIRE. Whea sS'' they sos ito to the % sssps % Of the
Jail he Informed the prisoner that the AR
rest was made for attempting to set fire
asked the Witness how long the fire oc-
Cured before this arrest. The witness
., about bssr sSr.y nrs %;S caps
tytle over that length of time.' Capt.
Iytle then came up and said:
of the time during the last 40 minutes ?''
Lytle answered, mo, sir; yol have not
been with me only the last Is minutes"
The prisoner then turned to the Witness
and said: THAT settles il. Lock me up."
The Witness said he had used NO threats
sisted upon Knowing what he he was being
locked lp for. No effort had been made
to cxtort any statement from the prisoner
Il. w. Oliver wa. called and sworn.
The lawyers janglet over his evidence
6sfose 6 he Rsys Ne any; onn S n nnye dc %
cease making frivolous objections. Mr..
O'Donnell said il was not right that the
his whole life and his every action or mis-
fortune of past years brought i'm against
him on this case. Evidence not material
| To this particular crime should not he adj
mitted. The prisoner should be tried for
one crime at time.
The court said that everything about
| the character of the prisoner, every cir
cumstance surrounding the prisoners
past life which would throw the slightest
would he admitted evidence and taken
| for what Il was worth. Mr.. Oliver then,
continuinR, said that on the morning ,I,
| the prisoner called to the, Witness to come
| and help qucnch the fire. They were
The ppisoner .w was % the first to discover tina;
| fire.
| George w. Spencer related n conver~a-
couple of weeks before the latter's arrest.
The prisoner said he was going away
go along and they would he cIun,s.
| w. j. Jordan testified that he WAS at the
Stevens hoist fire soon after it started and
| saw In3ersOll there. The latter lived
right across the way from that fire.
Captain Lytle wa: recalled and said that
the morning after the hoist fire Ingersol!
said to Lytlc that Inc had thought n little
while before the fire that il was going tn
| burn. and sure enough IL did burn.
The prosecution then rested. At
torrey ODonneil agreed to put the
defendant ON the stand ii the
court would confine tho question tn ths
! complaint in hand. The. defendant sait
| he had lived i'm Butte eight years. owns a
| house and lot here; IL married. He huns
| around tho ''Sitleboard' the day of the flrs
tor whom he wanted TO work: Shortl,
before the fire he telephoned for Talbo
| from the, '.ssitlcl,oarsl." Then he played 1
game of hearts. He went out of the sa
loon by the back way and into the allie!
for private purposes. There was n maj
also one i'm Levy's closet. Coming
out of the alley the prisoner talket
with Levy "a few minutes. He listened q
band playing across the way and thei
met Lytlc. They drank together and ther
walked down the street, when shdticnl,
Chief Smith came up behind him and ar
rested him. The arrest was about aI
hour after the fire. The prisoner had no
seen the fire and knew nothing of IL. IN
cross-s.xamination the prisoner was askes
hall he had been mp there, but the slues
ton was objected to and withdrawn. NJ
other defense was offered.
| Attorney O'Donnell summed lp for tn
defense In lengthy Address, i'm TIN
midst of which the prisoner burst int
telling summing of the points 70
the prosecution. Mr.. O'Donnell had cri,
icized the Miner for prejudicinG the peopl
against the prisoner and Attorney Boot
rctorted by saying that il Mr.. OfDonnel
, undoubtedly he paid for scoring the new,
pape RS. Judge Newkirk withheld hi
dccis ion until tomorrow.