The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-25

0tehiHDoNt Dlock py SefReant Gallahan.
He said he did not hear Sergeant Callahan
uae language to the effect hat he had made
arrangements TO have q hold-up take place
at IL o'clock and that he tMartin) had bot
ter get to his place; that the hold-up would
take place between two telegraph poles on
the up town side OF the Ge man hotel; that
there would be no danger and not to catch
DAILY. Martin said he was late getting to
the Steamboat block and was probably the
last officer who arrived. When he got
there Callahan was trying to locate the
officers in their positions. The witness
heard no instructions from Callahan for
him TO 60 down to the sceno of the hold-up
after it occurred and pick the ''gan" off
the ground. nor did he take the gun"
from the police station down TO the place
md put 1t on the ground. He found the
gum there and o 1t to the police sta
ton, arriving there about fifteen minutes
TO -. The witness was shown the
revolver used in evidence and supposed
to be the one which was used in the holdup
by Fitzgerald. He examined IL closely and
which he took to the police station. He
did not see Sergeant Callahan put car
tridges into the revolver at the police stA-
ton. Martin said he oundt the revolver on
the sidewalk near the German hotel, and
that it was loaded.
Smith the witness said the frat time he saw
Sergeant Callahan about the holdup il was
probably about 1880. The sergeant told
MIN he understood there was to be a hold
up, and he wanted the witness to be one OF
the men to 90 there. Martin said all right.
Mr.. Smith asked the witness II IL did not
strike him MS somewhat surprising that
there was to be n holdup. He did not think
it was particularly surprising. Martin said
he went to the police station TO change his
clothes and saw Barrett there. Then he
went to the Stsamboat block, arriving there
- L-.A 4 Sr1~nL flhA nf1ahro pulrh ,pfoCo6
in their positions and ordered TO catch
Fitzgerald. He did not know at the time
that il was Fitzgerald. Sergeant Callahan
told the witness he had botses get behind
the bill board. Barrett went down
Helena avenue. The witness could
stationed in his position first. Mr..
Smith asked Martin if he did not swear
positively on the former trial of the case as
to where the officers were stationed! lie
replied that he may have done so. but did
nos think he did. After the holdup he
between IL and II o'clock. He remained
thete about a minute and did not search
the defendant while there. He saw Ser
geant Callahan at the station and may have
had a conversation with him. He did not
testify on the former trinl that he and DAILY
went to the police station together after
the holdup. After leaving the revolver at
the station he returned to the scene OF the
holdup, and went down Helena avenue al
far IN Davidson's store. The first time he
saw DAILY after the holdup was in about
three quarters of an hour and he
house on upper Main street. He did not
see DAILY before he picked up the pistol. On
the redirect examination Martin said he
returned to the scene of the holdup because
the officers did not know who'the mar was
that was held up, and he was irving to find
-A M 49, xpHo ry.nn - q IN IN
case with Henry G. smith and Carl Rausch
for the defendant. asked the permission of
the court to ask Martin a question during
the cross-examination. Mr.. Smith OBJ
jected and Judge Clements was not allowed
to put the question.
County Attorney Nolan recalled Lari-
more, the barber, and asked him ii he had
any understanding that there was to be a
hold-up. He said he had no such under
standing. This closed the testimony.
Judge Hunt said shat on account OF its
being Christmas eve he would not try to
finish the case yesterday and limited both
sides to half hour arguments before adj
journment and that their arguments to the
Jury could be resumed on Tuesday morning.
In his remarks to the jury Col. Nolan said
that seldom was such d spectacle presented
in a court of justice. 1t was preposterous
to believe shat men who had borne ire
proachsble chara cters and who had perform
cd their duty without reflection being cast
upon them should suddenly become trans
formed into instruments of malice. Why
should these officers periure themselves?
Martin had been on the force a number of
years and no one had impeached his char
acter, and why should he thus suddenly
enter into a diabolical scheme to send this
recent importation from Winnipeg
TO the pentitentiary at Deer Lodge?
Where was the motive? An article
had been written by the defendant to a
| 49, ,rLsoL. h. r~-lai-nl 80
the treatment he received while in the
city Jail. For writing this the defendant
claimed the police had "jobbed' him.
Where was the testimony to establish this
condition Of affairs? Col. Nolan asked the
jury if they would find that the officers
were men OF such low character. They
would have to do SO on the testimony of
Barrett and Fitzgerald. The defendant
had admitted that he committed wilful per-
Jury on his preliminary examination in
order that he might 20 to the p~enitentiary
and then come out and demonstrate that
he had been illegally convicted. The prose-
cutor said the press daily chronicled es-
oapes and attempts to break out of Jail,
but he believed this was the first instance
on record where a man had deliberately
tried to break into a penitentiary. Bar
rett's conscience wes truly phenomenal.
Only when charges were made against him
by the police did it to work. He
recalled events to-day better than he could
three weeks ago. When be was troubled
| with qualms of conscience why did he not
90 to the proper authorities2 Instead he
went to L. H. Kleinschmidt and Thomas
Graham. MIR. Kleinschmidt did his duty as
an honorable citizen by telling Barrett TO
give his information to the proper authori-
ties. Why didn't Barrett act on this sua-
gestion?
Henry G. Smith opened for the defense
and spoke for about thirty minutes. He
the case. although considerable could be
made of it if necessary. He spoke of the
newspaper article which had been written
by the defendant, and which reflected on
the Police force. This was the motive
which made the police put up a scheme to
LOB" the defendant. He commended that
there was & discrepancy in the testimony of
Larimore about the man h pulled a
gun" on him, and said the evidence of
DAILY, the private detective, on this point
was Inconsistent. DAILY had testified that
he shouted to the officer who was running
after Larimere not to shoot him; that he
was the man who had been held up. DAILY
had testified that he did not know the Off
GERS were to be there. How could he know
that the man who was pursuing Larimore
was an officer?
The arguments will be resumed Tuesday
morning.
Civil Business.
A foreclosure suit was filed in the district
court yesterday by Alfred A. Curtis against
G.. i. Newburv and B. G. Clarke for 81, 200