The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-26
THE CASE AGAINST BARRETT.
Evidence IntrOd uced to Show the Charge
Was Inspired.

Evidence Introdu ced to Show the Charge
Was Inspired.
Lawyer Clements wes the only one of
Barrett's counsel present, Lawyer Purcell
having withdrawn from the case. County
Attorney Nolan represented the city.
James Bailey was the first witness intro
duced by Barrett's counsel. Bailey said he
met Policeman Tracy about the Gold
block about the first of the month. Tracy
asked him about the man lying drunk back
of the Power block, whose pockets Barrett
is charged with going through. Bailey said
he didn't know anything about it. Tracy
then said il was someone at the Vienna
bakery, where witness was working then.
Witness asked the cook at the bakery. and
the cook remembered seeing the man there.
Bailey said that on the saturday that the
investigation WAS to have begun. rs he was
leaving the city hall, Charles May, one OF
the men who made the affidavit against
Barrett, passed him on q dog trot, going
down Main street. Further down the
street he saw May talking to Tracy. This
was after the committee adjourned.
Durant Whipple, the cook at the Vienna.
was the next witness. He testified to May
coming to see hin about the case of the
drunken man. Witness remembered the
man lying back of the Power block, but
was POSITIVE IL was ADOub JuAo ~, uAu uop
the latter part of July, as charged IN the
affidavit. No amount Of cross-questloniig
would shake Whipple's testimony as to the
time.
Judge G. f. Gage was placed on the stand
and produced his official record of cases in
the police court. Judge Clements sald the
object of his was to show that the affidavit
was filed after a difficulty between Barrett
and Tracy, growing out of the arrest OF
Mary Porter, colored, by the latter officer.
The record showed that this case was filed
Oct, 81.
Policeman Barrett took the stand in re-
gard to the same affair and testified that
there had been consider able feeling between
himself and Tracy over the Pc ter matter.
Tracy had reported Barrett for refusing to
assist him on the occasion of the arrest OF
the Porter woman. On cross-examlnatlon
Barrett said he demonstrated with Tracy
for the treatment he subjected the woman
j. J. Mccarthy, a plumber, testified that
he had known May tor sometime. but moi
by name. May had come to witness place
several times with lead and gas fixtures tc
sell, but did not state where he got them,
The stuff was second hand goods. The only
thing witness ever bought from May wat
some lead for ten cents. May brought
some hose to the place once, but Mccarthy
did not look at it or buy it. All the stuff
was brought to the place in the day time.
I "ao AiS AAS bsstA
that after the Porter affair he had a tall
with Trac, about the Barrett matter. Of
which he had heard something. he hae
not heard the first news of it from Tracy
The latter said he had heard of the matter
but knew nothing OF it himself. The mar
shall asked Tracy to find out about it. as b,
wanted no dirt around the admlnistratio
of Mayor Curtin.
Policeman Tracy testified that he frs
heard of the charge against Barrett on
the marshal about two weeks ago. He de-
clat ed he had nothing to do with getting
May and Hildreth to subscribe to the affi-
davit, and it WAS not prepared at his in
stance or request. On cross examination
Tracy denied having told the marshal tina
he had heard of the matter when the mar
shall spoke to him of it.
This statement gave rise to a cross fir,
between County ATTORNEY Nolan and Judg,
Clements, the latter saying there was n dis
crepancy between the of thu
marshal and that of May az to when thu
latter fist heard of the charge against Bar
rett. Lawyer Clements said he had beer
particular to bring out this very point. ant
minated that the marshal had ~"inadvert.
antIy told the truth" This bought tht
county attorney to his feet with the remarl
that Marshal Calvin was a man who's
standing in the community was equal t.
that of Judge Clements. The latte begget
pa, don for having cast any reflection on tn
marshal, and added that it was eviden
Tracy now saw that the marshaPs testimon.
fastened on him the fact that he had talke'
of the matter before it came out in TIN
shape of an affidavit. He left the dis
crepancy to the committees Judgment.
Marshal Calvin WAS recalled TO stat
when he got the first information about tn
Barrett case. The marshal said it WAS from
Sergeant Callahan, between the time of tn
difficulty over the Porter matter and the
receipt of the affidavit.
Policeman Bar ett was also recalled ant
asked where his duties placed him in July
He said he WAS on day shift on Main st eel
between Broadway and Sixth venue.
This ended the investigate Il the charg
against Barrett.
TN REEg NF nv nal II ~ rTT