The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-12-25
The Accused Tells His Story Of the
Larimoro Hold-up to
the Jury.
Ex-Policemnn Barrett Gives His
Version Of the Occurrence
on Helena Avenue.
Sergeant Callahan and Officer Martin
Deny Some of Barrett's statements
Arguments Commenced.

~ 10 bElhk VI 0tyhA EltAkcAaNo oSSeftSN
the time of Judge Hunts court Yesterday.
When court adjourned Friday Ex-Police-
man Barrett was on the stand, his direct
examination being concluded. When the
case was called yesterday morning Attor-
ney Smith asked that Barber Larrimore be
called, saying he would put Barrett on the
stand for ctoss-examination later. Larrl-
more testified shat when he was ordered to
throw mp his hands he saw two men, one in
front of the other. and that he was under
the impression the larger man was nearest
to him;thatthe Same man gave the order and
that the big one also had the gun. He said
the smaller man did not, he thought, say OF
do anything. He then told abouS running
away.
Bryan Fitzgerald, the prisoner, was then
mt on the stand TO testify in his own be-
half. He said he had known DAILY. the de-
~tective. since last August; that on the day
of the hold-up he had met DAILY at the
Bucket OF Blood saloon in the morning. at
three p. M, at six p. m and at min p. m.;
that at the latter hour DAILY proposed that
they take a walk to the depot just to kill
time; that they went down there and sat
on the stoop outside of a saloon; that DAILY
WOAv iLsl0U " WhAi oho S"AAo
said that there would be 40 train in that
night; that they then started mp town and
on the way up met two men at whom DAILY
looked sharply; that they meta little farther
on the barber, Larrimore. and that
DAILY pulled his gun on the
barber and told him to throwup his hands.
Fitzgerald testified that Days action sur
prised him, as he had no intimation Of
what was going to happen; that after DAILY
had attempted to hold the barber up he
(Daly) started toward town; the barber and
DAILY ran in the opposite direction. Fitz-
gerald said he bad gone but a lew steps
when he was arrested by Officer Barrett;
that another officer came MP and searched
him, and that the only conversation he had
with any one previous to being put into jail
was to answer Officer Barrett's question as
to where his partner was, to which Fitzger-
aid replied that he had NO partner.
The witness denied Days statement,
made on Friday on the witness stand In re-
gard to the rolling of a mar back of the
Bucket of Blood saloon; denied the state
ment of DAILY that they went to the depot
TO steal a sealskin coat or valise of the
train; denied Days story about meeting
the woman on Main street and suggesting
using the "strong arm"
The cross-examination brought out the
fact that Fitzgerald came to Helena in
August last from Great Falls; that he had
only been in 10Y two days when he was
arrested and sentenced to the chain gang
for five days; that after his release he went
to Bernice and afterwards returned to Hole-
ma; that he first met DAILY the night Of the
day he came to town, and that they were
together quite often. FITZGERALD said he
had served twa years in the penitentiary ut
Winnipeg for stealing an cvercoat. County
Attorney Nolan called the attention Of
Fitzgerald to the fact that the testimony
he had given at the preliminary examine
tion before Judge Gage and that he gave on
the stand yesterday, in reference to his &C
quaintance with DAILY and the trip to the
depot, did not agree. Fitzgerald acknowl-
edged that he had testified falsely at the
preliminary examination, and said he had
q reason for doing SO.
Policeman Barrett was the next witness.
Attorney Smith, before putting any ques-
lions to the witness, made the statement to
She court that he desired to introduce evil
denoe to the effect that there had been a
conspiracy to fasten a crime on Fitzgerald
of which no was innocent. and that he would
show il by witness Barrett. Judge Hunt
decided that such evidence was admissible,
and then Barrett was asked to tell all about
she occurrences on the evening of the hold
up. Barrett said that himself. Officers Mar
Tin and Flynn, Detective Finnegan and Ser
geant Callahan met according to appoint
ment at the Steamboat block; that Gala
AGu Olu Lu6h dG Ldu dIEdIA0llGuGS
with DAILY to have the officers placed in that
vicinity about II o'clock; that there was
going to be a hold-up between two telegraph
poles he pointed out. Barrett testified that
Callahan told him there would be no dan
ger; that DAILY had the gun, and it was
empty and that they must not hurt him.
Barrett said he arrested Fitzgerald after the
attempted holdup. and that the prisoner
told him In reply to a question that he had
no partner, and that this vas a slick job"
Barrett also testified that Sergeant Gala
han said after they arrived at the station:
'Didn't ! work it pretty slick?" Barrett
also testified that Callahan told him after
the preliminary trial that he had not lone
as we'll as he should as a witness; that he
believed if the lawyers had pressed him he
would have given the snap away. He also
testified that Callahan had instructed him
as to his testimony in the district court on
Fitzgerald's first trial, telling the officers
if Fitzgerald's lawyers pushed them too
close they were to lay the blame on him
he also testified that DAILY had pointed
Fitzgerald out to him as the man who had
written an article for the Helena Journal
attacking the city administration on alleged
ill-~treatment of prisoners.
In his cross-examination in reply to a
question by Mr.. Nolan, Barrett testified
that on Fitzgerald's first trial he was con
acions of the fact that the prisoner was in
nocent of the crime with which he was
charged; that he came to the conclusion
that Fitzgerald was innocent when Sergeant
Callahan congratulated himself on the
slick job on the night Of the arrest. Mr..
Nolan then asked him why he did not on
the first trial tell all he knew about the
case when he was a witness, and repeated
10 him the oath he took. Barrett said that
he had answered only the questions put to
him. Mr.. Nolan then asked him why he
had not gone to the proper authorities and
told them of the sob" put up on Fitz-
gerald. In reply Ba rett said he first told
Marshal CALVIN the day after the charges
were filed against him by May and his part
ner, but that co to that time he
had kept quiet. He said he
told the marshal that ne would
show them up. and that he would 20 before
Judge Hunt and make an affidavit to the
effect that Fitzgerald had been ''iobbsd. !"
He said he did start to see Judge Hunt.
but that he met MIR. Purcell on the way and
the latter advised him not TO make the aft
dRyit until after the council investigation
of the charges against him. Asked by Mr.
Nolan WHY his testimony ct the preliminary
examin alton, at the first trial, at the conn.
Gil investigation and on yesterday differed
30 in important particulars. the witness re-
piled that he had had more time to thiul
over the matter and that his testimony yes.
terday was a full and true statement of hi,
connection with the case. This ended Bar
retts examination and a recess was take1
until two U. III.
AT the afternoon session Sergeant Gala
lahan. Officers Flynn and Martin, and Lar
imore. the barber, were examined, TIL,
tegtlmOuy of the ~nfinara pIl ral.taa - ri