The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-01-16
THE MEX|CANS DEFENSE.
He Denies tho Charge Of Rape and
Says " Was Other
wise.
The Prosecuting Witness Also Do
HI miss Ills Counter Aliega-
tlons.

Tho Grahams Chased Partella Over the
Country and Took Several shots
NJ Him.
The United States Circuit court room
Was crowded yesterday during the trial of
the Mexican Pnrtolia. Mrs. Graham was re-
called to the stand when court opened in
the morning to give some additional testi-.
mony regarding her statements made the
day before. The oovot nmsnt recalled her
again il the afternoon in rsbuttal Of the
Msxican's story. He was kept on the stand
most Of ths afternoon AMI put under q
rapid frs Of cross-examin.tion by tho gov
eminent. Ths prisoner denies the raps
absolutely and claims that he had been in
innate with Mrs. Graham for some time
before tho alleged rape. Hs mentioned d
number Of times when he said he had been
criminally intimate With the prosecuting
witness at the Graham camp, twelve miles
from Fort Custer. His testimony
was given in b oxen English and.
he apparently did not understand
many OF Mr.. Weeds questions, which
had to b. repeated in different form before
he answered. Tho rape Ia alleged to
have been committed on Nov. 26, 1890. Par,
tella told the jury how Joseph Graham, the
prosecuting witnoss' husband. and his
brother, Tilman Graham. followed him with
rifles the next day. Partella said when they
got within 100 yards OF him they both
AfnI A,,1 Ia Inro1 "a ~ III HI 1vnu IN Mo
= wagon when the shots wcro fired. He got
ten feet away from the wagon as another
shot was fred. Partella was running over
broken ground, and darted into q gully.
Then he heard some more firing, and d
bullet whistled close to his eye. Tilman
Graham called out to the Mexican to stop
or no would hit him. Paitella says he did
not stop. He got out OF sight of his pursu-
ers and hid under 4 log. and they lost track
OF him. He travelled all that night. until
he reached the railroad and caught q train.
In Billings he told P.@G. Whitshead that he
had been intimate with Graham's wife. and
next morning Whitehead accused the
Mexican of forcing the woman, to which
he replied TINT he would never commit
such n crime as that. Partella then met
sheriff Ramsey, Of Yellowstone county,
who had \ telegram from Graham offering
u reward for Pnrtella. The defendant said
tho first time he knew there was going to
tie any trouble was on the evening of Nov.
"a, whom he heard that Graham had leaned
of his Citations with his wife. Partella
stuck to his sto y all the way through, but
at J NJ ss either became confused or was un-
abls to understand the questions when he
was being cross-examinsd. During tho ~
cital Mrs. Graham sat near the government
attorneys, alternately gazing At the witness
and tbs jurynen.
The dsfenso called William Hildebrand,
middls-agoa German, who was in the en-
ploy of Ms. Grnham's husband at the
camp a. 9 teamster. Some of his
caused loud laughter in the court room,
which Was suppressed by the mRrshal. He
said he saw Mrs. Graham brush some dust
from Partella's coat COLLAR one morning
when the witness was in the same tent eat
ing breakfast. She also. arranged his neck
tie. The witness thought that these acts
were evidences of an undue intimacy be-
tween the parties. He mentioned his sua-
picions one day to ,t,farsaha at Fsrt
Custer. On cross, exan Y, y flee K .IHilaebrand
Mr.. Graham and that there was money now
due him FROM the latter. The witness had
no partiality for the Mexican.
Sheriff Ramsey datailedithe meeting with
Iartella and putting him under arrest. A
couple OF days before meeting him in Bill
AAAlAN ~ 8aAA ~ y ibok6KfhN
from Joseph Graham Offering : reward for
''ons Partella, a Mexican.'' The sheriff
sent out two deputies and was also hunting
for Partella himself when he met him on
the streets in Billings. Partella called the
sheriff to one side aud said ho wanted to
for taking his horses. The sheriff told him
that hs guessed he didn't want any warrant,
and that he would take care OF him. Par
tella was then put in Jail.
A stanographer named A. j. Stevenson
was next called for the defence, He took
the testimony at the preliminary examine
tion which he said occurred on Nov. 20, 80,
or 81, 1880. After leaving this room he went
to q lawyers Office whore he overheard Mr..
and Mrs. Graham talking. Mrs. Graham
said something. which he could not under
stand. Her husband turned away from her
as if angry and said to her IF you swore
to that, you swore to a lie." The stenoQ-
rapher said Mr.. Graham paid him for a
copy of his own testimony and that of his
wife given at the preliminary examination.
He asked Mr.. Graham what he wanted it
for. and the latter replied that he and his
wife wanted it TO look over SO they could
tell the Same story when the case came to
triRl.
Tho Mexioan's testimony as to the
alleged intimacy was denied in toto by
Mrs. Graham. She had never brushed off
his collar and AS to the necktie part OF. il
Mrs. Graham said tho Mexican never wore
one at the camp. Her answers were given
promptly and in n self-possesssd manner.
Her husband war brought from the hotel
whore he has been confined with an attack
of pneumonia. His testimony corroberated
the statements made by his wife.
The prosecution offered at this point to
Introduce testimony to establish the good
reputation Of Mrs. Graham. The defense
objscted and kftsr hearing some argument
judge Knowles allowed tbs iuay to separate
until this morning. The case will probably
go to the jury to-day.
Part of the tins yesterday Mrs. Graham
had her two children with her. As on the
day before there were no among the
spectators. There are a number Of Wit
nesses present from Billinga and Junction
City who have been called BY the govern
msnt to testify as to Mrs. Graham'a good
CHARACTER. Among them are Mr.. and Mrs.
Paul Mccormick.
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