The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-26

nut. Barrett further testified that on tho
way to the city hall Fitzgerald had said:
said he aaksd Fitzgerald where his
was, and he replied:: . guess you
snow that as well as / do" Continuing,
stated that FinneRan had said he
run nearly to the depot after the man
who was held Mp. The barber. Lauri-
Town in front Of the Davidson place. ont Of
but saw nc one running after him. |
One night, Barrett said, hs was in the Hell |
Cab company's Office on some trunks,
and overheard Tracy and Martin talking
Tracy WIS owe hauling Mayor
hat they were n lot of sticks, and
the republicans on the force had done
all the good work. Martin took very little
in the conversation. Witness told
DAILY about this aftet wards and DAILY said,
referring to Tracy, hes got no glory COM
go into the Bach-Cory place and then gave
the police the signal, and the man got four
years. Fitzgerald was the man who. While
in the chain gang, wrote an article to the
complaining of the treatment OF
prisoners, the grub, ETC.. and was ordered
to leave town by the marshal az soon as his
term was out"
County Attorney Nolan 10Y took the
witness in hand for cross-examination.
Barrett said the first time he ever men
toned the Fitzgerald matter was to the
marshal. after he had been told OF the af-
idayit. The marshal told him of the aft
davit. but wouldn't let him see, it, but
gave him the names OF the men
who made the charge. In the course OF the
conversation witness said he didn't care to
be jobbed, and that he could show up some
business in the police department.. The
marshal wanted to now what he would
do. and he replied that he would 10 before
J,dra HINT and mako an AttldaVlt that
there were men in the penitentiary who had
no right to be there.
Were you satisfied that an innocent
man was being prosecuted when you testi-
fed in the Fitzgerald case?' asked County
Attorney Nolan.
II must have been,' answered Barrett.
did you tell me?' inquired Mr.. Nolan.
"Did you ask me?" rejoined Barrett.
M. Nolan-Didn't you know YOU were
there under oath?
Wltness-I testified according to the
asked.
to the effect that it was an illegitimate
proceeding?
Witness-No.
Mr.. Nolan-Then as a matter Of fact you
violated the solemnity of your oath with
the knowledge that you were sending an IN
nooent man to the p~enitentiarY.
Jt1ge Clements at this point took ahand.
did you answer anything during the trial
that was not true?" he asked.
Wituess-I did not.
Judge Clements-Were you asked during
the trial if tbs police department had put
up a job?
Witness-I was not.
Judge Clements-Did you regard it as
your duty to disclose anything that you
were not asked?
Witness-I did not.
Judge Clements-Did you notify the
sheriff?
Witness-I did, and asked him to hold
the man. He is here yet.
Mr.. Nolan-Did you come to me about
it?
Witnese-Why should l?
The Fitzgerald business WAS temporarily
side tracked at this point, the witness say
ing there was somebody else he wanted to
get "a crack" at. He said a horse had been
put III the pound last month and the police
clerk forgot to advertise it. George Bell
had lost a horse and witness thought it
only right to tell him of this one and give
him n chance to buy it. Bell afterwards
told him that when he went around to the
sale Tom Pursell, the jailor, had told him
it would not come off until noon. Pursell
had then gotten the marshal and the latter
sold the horse. Pursell bid $15 and the
marshal quickly knocked the horse down to
him at that rice. Bell claimed that he
had been ''jobbed" out of the horse and
complained to the mayor. Pursell after
wards returned the horse to the pound.
Mr.. Noian-Is that all?
Chairman Harrlty-Is there anybody else
you want to get a crack at?
Witness--I tell you what | might do. |
ave been p omised an affidavit from Sam
Pickel about the Porter arrest.
At the suggestion OF Judge Clements this
branch of the case was not pursued at this
time. Col. Nolan then began to cross
question Barrett about the Fitzgerald mat
ter. Barrett said he felt very much like
making a full confession of the matter on
the trial of Fitzgerald.
M. Nolan-Who else did you tell the
story to. besides the sheriff?
Witness-Oh, the whole damned town.
Mr.. Nolan-Well, l take it, as you didn't
tell it to me, that Pm not damned. The
town is not damned, is il?
Witness-It comes near being SO wher
they allow people to live here and black.
mail a man to get him out of a job.
Col. Nolan asked if Barrett had told the
stol v to any of the proper authorities, t6
the council, or to the committee on police
Barrett SAID he hadn't.
did you go to Tom CrahanY" asked
Mr.. Nolan.
Barrett hesitated to answer. but when
Judge Clements told him to, he replied
Yes"
Mr.. Nolan-Did you go to 7. H. Klein
Witness-I did.
In reply to further questions Barrett sale
he had not gone to Billy Sims or ex-Ser-
geant Nicholson.
M. Nolan-Did you know which man O
the two gave the order to hold up you
hands,"
Witness-How the devil do I know.
Mr.. Nolan-You didn't intimate to me
that it was a put up job on Fitzgerald.
Wisness-I didn't have it. / was working
under the sergeant's orders.
M. Nolan-Do you mean to intimate tina
that the sergeant wanted you to perjurt
yourself and SEM an innocent mau to thu
penitentiary2
Witness-Well, he acted as if he did.
Mr.. Nolan-When You were on the wit
ness stand l asked you who the other MAJ
was and you said you didn'tk know.
Witness-l don't believe l ever made suot
a statement.
Col. Nolan began propoundinR further in
quiriss and the witness asked. whats thu
use of going over that all again."
From the manner in which you have ties
titled in this oase,'' replied the county at
torney, Il should be suspicious of your ties
timony under any circumstances" That
ALL continued the county attorney. ="
don't care to cross-examine n man VIII
don't want to answer my questions"