The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-08
THE TESTIMONY BEGUN.
All Points in the Coal Case Stub
bDrnly Fought by the
Lawyers.
Evidence of the Railroad Men and
the Employees Of
Tuohy.
Z Question Of Hearing One Of the Wit
nesses Argued and Decided
Against the Defense.

The prosecution introduced great deal
If its evidence yesterday in the case of
Patrick j. Tuohy, on trial in the district
court on the charge of receiving two car
loads of the Northern Pacific railroads
GOAL, knowing it to be stolen. Tuohy's
counsel, William Wallace and N. w. Mo
Connell, fought the case at every step, and
kept the court busy deciding objections.
When their objections were overruled they
promptly took an exception.
The first witness called was G. Neiger-
dali, who was in tho employ of the Northern
Pacific on July 18th, 1889, when the alleged
offense is said to have been committed.
He testified that on the night previous to
the 18th of July he had noticed two cars of
coal in the Northern Pacific yard. Next
morning the two cars were empty, and he
found the coal in Tuohy's yard. The legal
sparring began over the testimony of this
witness. The cross questioning by the
counsel for the defense was directed to
proving that the company, when it ran
short. frequently used coal belonging to its
customers. and replaced the borrowed prop
erty later. County Attorney Nolan and
Lawyer Ronnel, who represented the state,
endeavored to bring out in the testimony
that the coal could not have gotten into
Tuohy's yard unless it got there surrepti-
tiously. The result was about a stand-off.
Henry Beyan, who was employed as q car
checker BY the Northern Pacific railroad,
test that on tie morning Of july, 10Th,
saw about two carloads of coal alongside
the track there. Later in the day he went
back to the yard, and saw two of TuOhy's
men unloading wood and throwing it on
the coal alongside the track.
John scofeld and John Gibson, who were
nYn v1ln hv,f prnhv a. kha nj
TO unloading the cars. Their testimony
was to the effect that Tuohy had told them
HE had two carloads of coal which he
wanted unloaded on July 18th, which was
Sunday. Tuohy said he wanted the coal
nloaded Sunday because the road needed
he cars. Both cars were marked with
|halk to be unloaded at Tuohy's. The
rood was unloaded next day, and was
brown on top of the coal by order of
uohy, who said there was no other place
put it. The wood was placed on the coal
such way as to prevent it rolling down
b the track.
The legal battle was then taken up on the
uestion as to whether there was room
nough in the bins for the GOAL, and space
nough in the yard for the wood, without
nloading the cars where it was done. On
his point there was some differences of
opinion. Scofield and Gibson, on cross-ex-
Elimination, testified that there was not room
Enough in the bins for the coal and that all
|the space available for wood was taken up.
The state, however, introduced Deputy
Sheriff A. N. Richards as witness to prove
that there was room for both coal and wood
ut the places mentioned.
It was we'll on in the afternoon when the
etate introduced one of it, main witnesses,
". =: Hayes, engine boss of the Northern
Pacific. The object was to prove that
Tonhy had approached Hayes and tried to
Ezet the witness to let him have railroad coal.
But the defense made a stubborn fight
against the testimony. The jury were sent
put of the room while the lawyers argued
The matter. Judge Hunt finally decided
ehst the testimony could be heard, and the
Pefense took an exception. Hayes then
testified to the effect indicated 81 The state.
The court then adjourned till this morning,
!hen the cross-examination Of Hayes BY
he defense will take place.