The Helena independent., 1892-12-24
FITzGERALO'S NEW TRIAL
The Defense Trying to Prove Con-
spiracy by the Police
Force
Daily, the Private Detective, Tells
of Ills Relations With the
Prisoner.
A Conflict In the Testimony of Ex-Police-
man barrett and the Detective in
Some Particulars.

The second trial OF Brian Fitzgerald for
holding MP man near the Steamboat block
on the night Of Sept. 80 last was COM
menoed yesterday afternoon In Judge
Hunts department. OF she district
court. But two witnesses were OK
amined for the prosecution yesterday.
They wers the barber, Larimore, who was
held up, and the private detective. DAILY.
who was in the employ Of the police de-
partmsnt At the time. Alex Barrett was
put on the stand by the defense 40 their
first Witness The lawyers were not through
with him when court adjourned al fvs
o'clock. Lalimoro testified that he was
stopped that night by man with gum"
who told him to hold mp hia hands. II waa
near the German hotel on Helena avenue.
When the command was given he stepped
back pace or two to see who it was. but
he did not recognize the man. Larimore
got scared and ran until he reached David
sons store further down tho avenue to-
ward the depot. Here his wind gave ont
and he sat down in front of the store on
the ground. He did not see the man
afterwards. He was GROSS examined
by J. M. Clements, who is associated
with Henry @. Smith and Carl Rausch for
the defence. He was questioned minutely
about the time and place, and whether the
command to hold up his hands was in a
loud tone or not. He said 1t was little
above She ordinary tone. His direct testi-
mony was not changed in any particular by
the GROSS examination.
- InAA kiuA Nn0
called into the court room from the corri-
dor. None of the witnesses wore allowed in
the court room until ready to testify. DAILY
said his name WAS w. N. Diddo. He is q
small man with smooth face He said he
came to Helena about the 9th or 10th of last
August, where he tended bar for six weeks.
Before that he worked in New Mexico and
Texas. He had also worked in Kansas City
and 81. Louis on the police force. When he
came to Helena he was employed as pri-
yats detective on the police force, and
wo ked until Nov. l. He said he located
Fitzgerald in the Bucket Of Blood saloon.
on Clore street. about Aug. Ii or Ia last;
He met him there one night. and told
Fitzgerald said he was on the
ia~s IN view. Dsy ss said he met Fitzgerald ths
next day who told him he wanted TO see
him; that there was another man with him
who was under cover because the police hRd
run him out Of town before. DAILY met
Fitzgerald about seven o'clock. jackson,
who is now in the penitentiary for robbinf
A. J. Davidson's store, was with Fitzgerald
All three went down to the flats below the
Steamboat block where DAILY said the Others
kept their Bafe-oracking tools. The wit
ness said that jackson unlocked the doors
Al this point the defense objected. County
Attorney Nolan said the evidence WAS fol
Y the purpose Of establishing the criminal in
tent.
said that the trial was not for the purpoa'
of opening up any investigation of the po
lice department Of Helena. "Ths man II
being tried" he said. 'for assault with in
tent to commit robbery, and nothing else
don't think the court can take into con
sideration that the defendant has been triet
before. He is in the same position as if ht
had never been tried and is presumed to b.
innocent. I sustain the objection relating
TO aots and conversations of the defendan
except az connected with the particular
offence for which he is being tried.
DAILY went on then to relate his connec
tion with the case. He saw Fitzgerald tn
night he was arrested, and saw him two
days before standing in front of a beer hal
on Main street. There was man will
Fitzgerald. Fitzge' aid said they were on
lay, DAILY asked what it was, and Fitzger
aid told him they were going through Bah
cocks store for furs. Daily said he re
ported this to the police. He met Fitzger
aid again. this time on Sept. 80. in front o
the Bucket of Blood saloon about five p
IN. Fitzgerald told him he wanted to go Il
the depot and see If he could not get
sealskin coat or some grirs off train
DAILY met him at the saloon at nine p. N
by appointment, and they started for TIL
depot. They met woman near Cans I
Klein's who wore diamonds and a gol'
watch and chain. Fitzgerald said tes
tilted the witness, what's the matter will
giving her the strong arm?' Daily ez
planned to the court and jury that the teri
''stronq arm" meant choking, .; "shuttin
her wind off," 10 Fitzgerald's suGgestio
to rob the woman Daily replied that b
to the depot and found that the trai
time had been changed and no train woul
be in at 1910 D. IN. They started back an
were between Turner hall and the Germa
hotel when DAILY said Fitzge aid suggeste
doing q hold-up aud said ho was going
stick there and hold some one u. Dal
said he told Fitzgerald he had an appoint
ment and had to go up town. Both went I
the Bucket of Blood where DAILY went out {
the rear door and reported the matter {
the police station. When he got back Fit
go aid, he said wanted to return TO Helen
avenue between Tu ner hall and the Gle
man hotel. DAILY said when he was at tt
police station he told Sergeant Callaha
that he had held Fitzgerald off twice tn,
night. Fitzgerald and Daley went back
Turner hall and turned around and stalte
slowly up the avenue. Dalv said they IN,
couple of men with dinner buckets
their hands but FITZGERALD did not ste
them, saying he did not believe they hs
anything. Within about half block fro
the German hotel Fi,zperald said, BE
comes a swift looking mark" an
told the man to hold
his hands. The man started back whe
Fitzgerald with an oath again commando
him to put up his hands. The man the
ran away DAILY said he heard some OIL
aay to Fitzgerald, stop or I'll kill you.
1t was Policeman Barrett. 10 the office
who had stat ted after Larimote DAILY sa
he Hhouted not to shoot the man who W,
running away. When Daily got to the ST
tion Fitzgerald was lockei up. On cross
examination Daily testified that Fitzpe al
told him that he and his partne had
falling out about dividing some mon,
which they cot ~ trolling" man back {
the Bucket Of Blood SALOON. 'You stut