The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-30
CLARK ON TRIAL.
;rogan on tho Stand to Connect.
Him With tho Ray
Hold-Up.
.he LATTER identifies Els Silver
Watch Found In Clark's
Possession.

me Prosecution win Close Its Case This
Msrning-Helen Torslund for
Trial Next.
The trial Of Henry Clark for highway
obbery allied Ill the seats In Judge
paurt yesterday. There were > number OF
The fair SEE present, some OF whom bad
Lsats in the space reserved for attorneys.
! was suppossd that Clark's partner, Helsn
rSrslund, would be ia the court room,
which probably brought a good many spec
tators. she will not be on trial until SOM
limo this afternoon, if Clark's case IL I'm
SIZED to-day, which ID the general sxpscta-
ion. While County Attorney Nolan was
making his opening statement to the Jury
luring the forenoon, Mr.. B. g. Peck, who
Es~prsssntsd Clark Ut the preliminary sx-
animation, took exception to some state
nents made BY Col. Nolan to the jury az TO
What he expected to prove. Ths Interrupt
ion came in such 4 way a. to Gall forth
,oms sharp remarks from the court. Judge
Hunt told the attorney that his language
pordered upon contempt. a that the
bounty attorney had not oversteppsd MS
bounds in outlining tho prosecutions case
10 the jury. Mr.. Peck seemed TO be under
he impression that the states attorney
10 taking undue advantage Of the pris-
paer. The offending attorney subsidized
lftsr the roasting. During the recess
n the afternoon he withdrew from
he case leaving his c%o-counsol. ". ".
phelps to hght it out. Clark and Officer
9rogan claimed the attention Of the spec
Eators when there was not some tilt going
bn between the lawyers. The ~dsfApdsnt
lat at the attorneys table near his counsel.
40 presented q neat appearance and ap-
~parsntly was the most collected person IN
he court room. There was nothing in his
1emeanor to indicate that he WAS on trial
For 4 crime the maximum penalty for which
! Imprisonment for life. Even whsn Of-
hoor Grogan gave his graphic narrative OF
his struggle with the hlRhwayman on the
night Of Oct. 8, Clark preserved his i'm
perturbablo air. The officers testimony
Iwas given to complete the chain of evidence
presented b.. the state to convict CLARK OF
highway robbery. The court. said he would
instruct the jury not to consider the ofense
bf shooting Groqan in passing upon the
highway robbery case. Grogan walked to
Ehe witness stand with the aid Of a cane.
He still suffers from pain in his back where
he bullet wal taken out. He has lost flesh
md looks emaciated and weak. It was
butte an effort for him to speak loud
Enough to DO heard in all parts of the court
room. He told how his attention
had been called to a suspicious
ooking individual on his beat that night.
About 10:15 he saw a man standing On
Eighth avenue between Rodney and Ewing.
nc walked mp to the man and said good
evening, and the salutation was returned.
The officer then asked him several ques-
lions concerning his business, where he
ived and whether he was married.. Ihe
man said he was married and llvsd on
Broadway near Davis street. When Gro
gan asked him his name he said ne would
10 n show him where he lived.
Look at this defendant" said the county
attorney, land sec if you recognize him."
That's the gentleman"
The witness then detailed his struggle
with the highwayman. He noticed q re,
pants pocket and grabbed it with his left
hand, at the same tim aiming his own
weapon at the mans breast, The fellow
reached with his right hand for the pistol
which Grogan had seized. II took my eyes
IF his face the witness said, "and looked
MI Q1B EJRuI HHAO. At bldL ABuNAo ! wa
shot" "A nickel plated 38-caliber revolver
was handed to him for examination. He
said in general appearance it resembled the
one with which he had been shot, but could
not say positively that it was the Identical
weapon.
Are oo sure that this defendant is the
man who shot your"
II am confident that he is the man,"
when referring to CLARK Grogan used his
cane to point him out to the jury, When
he did this Clark never took his small sharp
eyes off the face of the witness.
Grogan'u testimony in this case ls not
considered so important as it will be If
Clark should escape conviction for highway
robbery and is tried for assault with at
tempt to commit murder. > The informa-
tion he 10 now being tried under charges
him with holding up and taking a watch
away from Robert Ray a few hours after
Gropan was shot. Ray identified the silver
watch found in the possession Of Clark
when arrested. He could not tell it BY the
numbers on it but recognized the watch by
d small crack in the dial. His identidoa-
tion of CLARK was not 10 positive as to re-
move q reasonable doubt. The other testi-
lnony as given by the officers is substan-
italy the same as it was at the preliminary
examination before Judge Sanders.
Thu prosecution took up considerable
time during The afternoon in endeavoring
10 establish that the nic%kle-plated revolver
is the same one taken from Clark when
searched Immediately after the arrest. All
tho witnesses who testified about it said the
pistol ressmbled the one found or the pris-
oner, but none OF them could swear posi-
lively. One of the court officers suggested
il would be we'll hereafter that when
articles are taken from prisoners to mark
them so they could be identified in court.
The prosecution expects to close its case
this forenoon when the defense will have
an opportunity to present it's side. There
is much interested manifested as to whether
Clark will TESTIFY in his own behalf. As
soon as his case il given to the jury to-day
the trial Of Helen Forslund for highway
robbery will commence.
Clarke's case is being heard by the fol-
lowing iurymen: A. r. Dodge, Charles
Watson, Geo. Bardwell, David Morris, W.
"A. Chessman. Lansing Wells, G. 8. Jack
man, d. r. Edwards, Charles Reinig. q.
il. Gilmore, G. W.. Jackson, jacob Switzer.
BY consent of unsc they we're allowed to
separate whom court adjourned until ten a.
m. to-day.
Housekeepers should buy Donald Brad
ford's specially selected baking potatoes.