The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-10
.Tuohy's Lawyers Introduce Testi-
mony That it is Good in
the Community.
Mrs Murphy, Of Deer Lodge, Did
Not Tell Her
Story.
DIR. Norcross Applies For . Writ Of Man.
damus Against the Board Of
Medical Examiners,


motion made by the defense on Wednesday
for an order directing the jury to find fol
the defendant, by overruling the motion
and to which an exception was taken. The
corridors Of the court house were crowded
with witnesses all day yesterday. Most Of
them had been called BY the defense. In
side the rail of the court room there were 9
good many spectators and the seats outside
the rail were pretty we'll filed. On enter.
ling the room about the drst thing that il
noticed 10 the bad air. This, in connection
with the heat from the steam radiators
makes the atmosphere uncomfortable, and
it must be relief for witness to be al
lowed to remain out of the room.
The defense had twenty-six witnesses on
the stand during the day and most OF them
were called to establish the reputa'
ton Of the defendant, which was
said to be good. Other testimony was in
troduee cd with the intention of impeaching
Hays, who swore that the defendant gave
him $40, after referring Tuohy to the two
employees of the company who had charge
of the yard engine at the time the coal ia
said to have been stolen. Murray, the de-
tective who brought Hays from Chicago to
the attorneys for the state during the day.
He is easily distinguished in the crowd BY
his shock Of white khair and redsface. The
detective went out of the room when the
bailiff escorted Mrs. Blanche Murphy to
the stand. She had story to tell, but her
testimony was not allowed to go to the jury.
The evidence that she had in her possession
was dictated to the stenographer SO that it
may be in the record in case the matter ia
appealed to the supreme court. The detec-
tive was called into the room in order that
Mrs. Murphy might recognize him, which
she promptly did. The defense made a
stubborn fight to get the evidence Of this
jected and was SUSTAINED by the court. In
answer to the county attorneys question as
to what the defense expected to prove by
the witness, Mr.. Wallace said they thought
they would be able to prove that there was
conspiracy, in which Hays was concerned,
to procure the conviction of the defendant.
The defense also attempted to show that
the company had been in the habit of some-
times using the coal of dealers and replac-
ing it again with coal of it's own.
James B. Halford, one of the defendants
in the coal cases was called to the stand
and questioned about the habit of the rail-
road company in exchanging coal with
dealers. He was not asked many questions.
His testimony was to the effect that such
exchanges generally occurred during the
winter months and he could not swear posi-
lively that anything of the kind was done
at the time the coal is alleged to have been
taken. Enoch Hodson, coal dealer from
Bozeman. testified that he had been ship
ping coal to the defendant for about two
years and that he and Tuohy generally
made their settlements at periods of two
and three months, no invoices being made
Of the shipments. The witness was also in
terroeated with regard to tho quality and
appearance Of coal, but his testimony on
this point did not seem to be very satisfac-
tory to the prosecution.
During one of the arguments over the ad-
mission of some testimony from witness
one Of the attorneys for the defense said
something about the Northern Pacific Rail-
road company being the prosecutor in the
case. This brought Col. Nolan to his feet
in an instant with the retort that the pros
ecutor was the state of Montana. One of
the defendants counsel poured oil on the
troubled waters, and the case went on. It
was nearly six O'Clock last night when court
was adjourned and the jury admonished
not to speak about the case OF express any
opinion regarding it. The defense will
probably finish their testimony to-day, and
there will be some great talking when the
lawyers get chance at the jury.