The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-11
Closing Arguments in the Tuohy
Case to be Made This
Morning.
Three of the Grand Jury Which
Indicted the Defendant
Testify.
An Appeal in tho Supreme Court for .
New Trial ON Conviction Of
Perjury.

iections made to the introduction OF testl-
mony took up most of the time yesterday
in the Tuohy case. His counsel are max
ing every effort to impeach the testimony
of Hays, who testified directly that the de-
PENDANT gave him $40 on the order of the
engineer and foreman Of the yard engine.
Tuohy was put on the stand in the fore
noon in an attempt to break down the evil
dence of Hays. Francis Pope, Judge Hill
ger and William Mayer, who were mem
beers of the grand jury that found the m
dictments in the coal cases, were also on
by the defense to the introduction of their
testimony. The witnesses all stated that
when Tuohy appeared before the grand
jury he testified that he placed the wood
over the coal in his yard. not for the pur-
pose of concealing it. but because he had
no other place in which to unload it. After
this the state rested its case. Then the de-
tense insisted that the state should
produce the other members Of the grand
jury. This was not done, however. The
testimony is now all in and the
arguments will be made to the
jury to-day. When the question came
up yesterday about the length of
time to be allowed the lawyers, Judge Hunt
said he would limit each side to two hours
hut would not compel them to fully exhaust
the time. The jurymen smiled with relief
and his honor joined in the quiet laugh
which followed his remark:
jury will do. A good many think that
Iuohy will be acquitted. and if this is done
it is probable that the other cases of a SINH
lar nature will not be pressed. The
strongest testimony the state has brought
against the defendant seems to be that of
here from Chicago under threats of the
railroad detective Murray. One witness
produced by the defendant did not have
good opinion of Hayes reputation, and
when asked if had any reason to consider it
bad, replied. II should SMILE" The prose-
fusillade of questions. The attorneys on
either side have left nothing undone that
would seem to help their cause. The stem
ographer's note book is full of objections
to testimony and objections to the
ruling of the court which will
appeal is taken. In which event it will be
unloaded on the supreme court for con-
sideration. j. T. Ronald. who came here
from Seattle to assist in the prosecution,
will assist Col. Nolan in summing up to the
jury to-day. Judge Mcconnell and Viii
AAdW w dllhCoS OIs, WILL C1O00 III tuo UOACAo0s
Tuohy, who has been present all during the
trial, generally has seat between his
lawyers, where he listens to the witnesses
and makes suggestions to his counsel. His
face bears slight expression of anxiety at
times. James B. Halford, one of the defen-
dants in the other cases, has been in con-
slant attendance upon the trial and was on
the stand to testify with regard to the GUS
tom of the railroad company in exchanging
cars Of coal. The county has been pat to
considerable expense go far in the case. A
large number Of witnesses have been pro-
duced by the prosecution and defense.
Every day since the trial began the seats in
the hall outside the court room have been
filed with men who were brought there to
testify.
The testimony closed last night at six
O'Clock and the jury were allowed to separ-
ate with the usual admonition not to speak
about the case or express any opinion. AZ
ter the closing arguments to-day the jury
men will be instructed by the court, after
which it is likely they will not be allowed
to separate until they come to some conclu-
sion.