The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-01-29
The State Presents Its Side in the
King Murder Case al
Boulder.
The Story of the Troubln at the
Thanksgiving Ball Which End
ed in Murder.
Testimony Going to Prove That King Ad-
yised Another Man 10 KIN Fogar-
ty-what Rogers Heard.

! BOULDER, Jan. 2S.-l Special. The King
murder case was called promptly at $50 this
morning. County Attorney Parker being
still confined 10 his bed, Captain George +.
Cowan opened the case for the prosecution,
and the first witness, Mr.. W. Il. Conners,
was called. lie related the circumstances
Of the quarrel at the Thanksgiving ball be-
tween floor manager Fogarty and Peters, in
which the defendant, King, apparently took
no nctiye part Of the subsequent meeting
and quarrel of Peters and Fogarty in Elk
lund's saloon; of Peters fleeing down tho
streets pursued by Fogarty; of Fogarty's
slipping ON the ice and Peters making his
escape, and upon Fogarty regaining his
feet Of King confronting him with gun
in his hand, and of King firing the fatal
shot.
W. l.. Hay cross-examined the witness
and succeeded in bringing 10 light very Bit
ter feeling toward King ON the part Of the
witness, and consequent disposition 70
exaggeration of detail.
Eugene White, another eye witness Of
part of the events described, corroborsted
the main portion of Conners' testimony and
also testified 10 hearing King say, after his
arrest, that il Fogarty died. he (King) sup
posed he would have 10 die too.
w. 4. Denn siw the alteration at the
dance and heard remarks tending 20 identi-
fy King with the quarrel nj that time.
William liowells' testimony was perhaps
the most effective of any ELECTED during the
day. He testified 10 hearing King tell Peters
TO do him up referring toFogarty," when
he comes down stairs" Later, when the
shooting occurred. Howells was within five
or siN feet of King and Fogariy, who were
not more than four feet apart, when King
drew gun from his pocket and fired at
point blank range. fogarty exclaimed:
Tin shot dead.' and WIS removed TO "a
saloon near by. King walked away until
clear of the crowd. which had collected, and
then broke into a run and disappeared. The
attorneys for the defense subjected this
witness 10 a most severe cToss-exnminntio
and succeeded in eliciting two OF three con-
Trajectory statements, but did not material
~ damage his strong statement of the fact.
liowells' story of the shooting was substan-
tinted fully by the next witness Mr.. W. j.
Rogers. who was present NJ that time. II
Was developed by the witness that after
Kings arrest he sHid IL didn't intend 10
shoot Fog'y; ] only intended to hit him
over the head"
The testimony will probably occupy most
of to-morrow's session.
The following civil cases were disposed of:
a5-Owen Gillogley w. Thomas NJ. Rees;
judgment signed and entered.
s7,-1homas Greenough et al. VS.. Cross
and Gray; dismissed on application of
plaintiff.
A motion 10 renstate in each OF the fol-
| lowing causes WIS Oyerruled:
672-A. Fred Bright VI. The Elkhorn Min
ING company.
s99-Meyer Ganzberger ct al. Va. Frank
Farnham.
s2i-George McI,urney vs.. Thomas Laugh
lin et nj.
SSl-Same VS.. same.
Ssl-George Dunn Va. NJ. W. webber ct
al. testimony submitted and taken under
ndvisement by the court.
Il 9-Joseph Girard w. A. LaPlante at al;
evidence completed and taken under advise
ment.