The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-01
THE WOMAN'S CONFESSION
United States Marshal Furay Had
a Conversation With Helen
Forslund.
Col. Nolan Accused OF Being Sem
s%ational, and the Court Says
Something.

COl. NOlan OF beln9 Son
sational, and tho Court Says
Something.
Tho Prisoner Did Not Know Ftaray was
an Oficer When Ne Was In
Her Call.
United States Marshal Fursy's testimony
in the Forslund trial was the feature yss-
terday. Next to this was the charge made
by the woman's attorney that Col. Nolan
was becoming sensational in his conduct Of
the prosecution. This was promptly do
MED by the states attorney. Judge Hunt,
fguratively speaking, nat down on Mr..
Blackford and told him the case was being
conducted according to the law and evi-
dence. In oas-examining the MARSHAL
things did not run smoothly ana the spec
tators in the crowded court room indulged
in a quiet laugh over one question. he
state endeavorsd to get certain admissions,
made by the prisoner to Police Sergeant
Nicholson, before the jury. The witness
was examined for 4 half hour by the attor-
neys 30 the court might determine whether
the confessions were made undor such orr
cumstances as would prevent their use
against the defendant. Tho court ruled
that the witness would not be allowed to
testify al to tho confessions made to him.
Marshal Furay was the next wit
ness. The state succeeded in getting
before the jury confessions made 10 him
by tho defendant on the day afterth arrest.
A sort OF preliminary examination WAS held
on him to determine whether his testimony
would be competent. II was found that
the woman did not know he Was an officer
when she told her history from tho time she
eloped with CLARK until her arrest. Furay
testified particularly to two conversations,
one on the day of the arrest, and the other
on the day following. When he told the
substance of the confession he said it was
made on the second day. The defendants
attorney kept referring to the first CONVEX
sation. which was not in evidence. Every
once in q while he would interrupt the wit
ness and ask when the conversation took
place. Each time the witness answered it
was on the second day. Once more ths
question was put. Then the court inter-
rupted the lawyer and called his attention
to the fact that the interroRatory had been
made several times and answered. How
ever, you may ask him again. said Judge
Hunt. Tbs attorney sat down and con-
tinucd with the cross-examination for sew
eral minutes. There was q lull. "When
was this conversation?" Furay never
nswered the question. The audience
understood the situation and its partly sup
pressed laugh was more potent than Col.
Nolan's "Objsot!!'
Furay said the woman told him she was
near the alley on Eighth avenue when
Clark shot Grogan, and that one Of the Of
fcer's bullets came pear hitting her. The
witness also related about holding up .
woman on a notorious street in Butte and
helping Clark to rob q saloon keeper in
Anaconda. The marshal was not shaken in
his story on, cross-examination. Al he gave
his testimony there were tears in the eyes
at the white handkerchief in her lap. To
her right there were a dozen women from
whose faces tho look of pity fled before the
witness left the stand.
'tJohn j. Grogan,'' called ont the states
attorney. The Officer unbuttoned his long
fur coat as he walked to the witness chair
without his cane. He was standing up as
Col. Nolan reached into a drawer in the
attorneys table and pulled out two re-
volvers. He held them high in the air
where every one could see them. One was
a long black weapon, the other shorter, and
SAApUOAUa Al - AISAos SAOkAA Wac 1nS =
he could identify them.
Nov, your honor, I object.'' said Black
ford, and added something more about
Col. Nolan c~ndsavoring to be sensational.
He also said something about trying two
cases in one. The colonel lowered At tho
coming storm. 1t was nipped in the
bud by his honor in a few diGnined words
which had the cutting qualities of a keen
edged razor. Grogan was dismissed from
the stand and court adjourned until 10 a.
nj. tomorrow, the jury being allowed to
amined during the day but their testimony
while important developed nothing new.
When court opened yesterday morning
Judge Hunt called attention to an error
which got into the newspapers Friday. He
said it was reported that in the trial of
the CLARK case tho court, upon objection Of
the prosecuting attorney. refused to permit
the defendant to testify in his own behalf.
This is a most unqualified error It is a
positive law in our state, known to laymen
as we'll as lawyers, that it il an inalienabls
right of q person charged with q crime to
testify in his own bshalf, and ] cannot CON
ceive of any judge so ignorant ms to deny
this right to a defendant" The error must
have arisen through some misunderstand-
ing by the reporters of some objection made
by defendants counsel to certain por-
tions OF Mr.. Nolan's argument wherein
AN - NHSA GAo AVA
planned possession of Mr.. Rays watch.
SIN the Clark case" the Judge said,
when the state rested its case and the
court directed the defendant to proceed
with his case, Mr.. Phelps distinctly an
nounced that the defendant would not 60
on the stand and would offer no Testimony
at all, but would rely upon the insuffioiency
of the evidence Of the state, M brought ont
by examination in chief and cross exami-
nation, to secure the acquittal of the de-
PENDANT. Mr.. Nolan did not say q word at
ter Mr.. Phelps concluded, nor did the court,
except to direct counsel to proceed with the
argument. Indeed, so very careful was the
court to protect the rights of the defendant
that a special instruction was given to the
jury, wherein they were charged that al
though the defendants could testify in his
own behalf yet he was not bound to. and
the fact that he had not taken tho witness
stand could raise no presumption or preju-
dice against him, and the jury was further
charged that they must determine the issue
exclusively from the evidence offered and
heard by Thorn, and by that alone.
II make this explanation in Justice to the
court, and to the end that it may not 90
forth to the world that we are living III
suoh a totally b~enighted lane rs to deprive
any one, no matter how humble or wretched
he may be, a privilege guaranteed him by
the solemn laws Of the state, and which