The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-16
RELATED BY JAMES KANE.
His Conversation in St. Paul With
Scanlon and Detective
Murray.
9canlon Surrendered to the Sher-
i6Last Night by His
Bondsmen.
The County Attorney Hopes 70 Complete
the Trial Of the Case This
Evening.

In the 6canlon case yesterday morning
the county attorney pus Nick Friend on the
stand to testify in behalf Of tho prosecu-
tion. His testimony related principally to
the duties of tho car checker in the North
ern Pacific yards. He was followed on the
stand BY james Kane, Mr.. Kane told the
court and jury, in response TO the questions
. Of the attorneys for the state, about con-
versation which took place in st. Paul be-
tween Scanlon, the railroad detective Muir
ray and himself regarding admissions made
BY Scanlon a. to his making $16O out OF the
railroad company in one week. The Wit
ness also told how scanlon pulled out q
gold watch and showed it to his companions
with the remark that he had made that out
of tho company. The witness also told
about his trip to Fort Assinaboine in Sep
tembsr, 1859, whom Scanlon was arrested
and brought to Helena. The defense called
long list of witnesses, including F. A.
Hanscom, Nick Friend, Phil Best, William
Murphy, Ben Halford, p. ]. Tuohy, Mrs. B.
Murphy, Lewis Smith, ]. o. Bagley, Ed
| Drury. G. II. Johnston, w. j. Poats, A. N.
Dam, F. F. Theme. John Flynn, w. II.
Beach and Thos. Kirkendall. Most of them
gsye testimony e to the character re a: OF the
to impeach the witnesses for the prosecu--
ton. Kirkendall testified as to the coal
received during July Of last year. He
knew of but one car OF hard coal and two
cars Of Rock Spring coal being received at
the yards during that time. just what this
| testimony amounts to and whether it is IA
vorable to the defendants case or not will
be left to the jury for determination.
The impression prevails that the attor-
neys for Scallon have struck q harder case
Attorney Wallace notified Judge Hunt that
he desired to make microscopic examine
ton of some Of the railroad records which
have been introduced in evidence. The
county attorney was informed of Mr.. Wal
lace's wishes and will be present when the
intimate what his object was in subjecting
the records to such scrutiny. II is sup
posed that the examination will be made
for the purpose of ascertaining whether
the original entries have been tempered
with OF not. When court adjourned last
f filling out a number of subpenas for
witnesses whom he will probably have in
court to-day. He appeared to be in con-
f1dent mood as though he felt victory in
the air, but would not express himself as to
the probable outcome of the case. He was
in the sherih's Office for a few minutes after
he had finished writing out his subpoenas
where the defendant was in the custody OF
the sheriff, having been surrendered by his
bondsmen. The county attorney thinks
that the case will be finished to-day so far as
the testimony goes. and that the arguments
Of counsel to the jury ought to be COM
| pleted this evening. Unlocked for move
ments on the part Of the defense, however
may upset his calculations and prolong the
tfial Of the case. There is q good deal of
htsrest manifested in this caae and num-
Der of spectators are constantly on hand.
Az in the Tuohy case. the jurymen are al
lowed toseparate each day after the adj
the night at their homes instead Of Sleep
ing on cots In the upper story of the court
house In charge of bailitf.