The Helena independent., 1893-12-21

ne saw vno man IN NO YOA0 Wh0u No uIeo
shs aun. as b: Was looking ont ths w!ndow.
OF Bslunak. He raised his aun isvsTsl
times % thongh hs was going TO shoot, but
did NOT. While dressing Bennett hoard
Other shots. Looking out the window be
saw Daniel coming around the house. Just
.. he saw Dsnisl the iattsr fred aud fell.
hs heard. Bslunsk came 10 the house alone
about $50; shs shooting occurred 81 $3.50.
The nrst be said was: II did NOT shoot
snyons;. some one stole my gum and
aatchsl." He said this volun Sarily," said
ths witness. grabbed him. pulled ont my
lin. The boys threw him doxn and and Msd
him over 10 the sheriff" Bennets testinsd
that hs after wards found Bslunak's gun
near the wooduils loaded. and his satobel
on the porch OF Matthsnson's house. He
also found some empty cartridges In Bslu-
nak's room. At. Bslunak's osbin. near
Matthsnson's saloon, hs found nothing.
only some blood ON the door knob. He
found fresh gun wad near whore Daniel
fell.
/ Charles o. Daniel, son Of the dead man,
tsstined that ho WAS At the dance; that no
saw belunak there - about 1s0; that ls.
knock Belunsk down. but did nos hear any
thing that occurred before DO wss knocked
down. Bslunak then went ont. His father
was In the house At the time. going TO bed
about II. and Was asleep. He GOT up later
and went with the party to got something
20 eat The witness did not see him 40 ont.
He heard the first shot, which seemed TO be
fred near tho window. He did not know
that his father ever had any trouble with
Belunak.
Patrick L. Duffy. OF East Helena. who
was at ths dance. testified that hs drst "a v
Beunak when he oams to supper; that hs
va Wa' noistsnou. and and .pRarsnsiy dr1nt. He
thing he noticed particularly was when
McDaniels pushed B,lunak away. and az
terwards knocked hlm down. AftorwaYd
whie the others were dancing. Duffy went
outside and stood on the porch. He saw q
man walking up the road very fast. Whsn
asked Il she.. was I. dance the .. Duffy
recognized him % the man McDanisls
rad had the trouble with. He
him and he asked if Bob MoDaniels
was there. Bslunak shen satd hs hoard
there had been scrap in there. Duffy an
asked Who II was. and Duty toid him he
did not know, as the people we're all stranR-
ers to him. Duify testified thaths knew At
the time that Belunak was ono Of the men
in the fight. Belunak asked for, . chow Of
tobacco and drink and did not appear 10
DO existed. Duffy talked to him for ten
Duffy Left him standing on the lporoh and
went insand told Henry McDanisis to warn
his brother Bob that tbs man hahad ahght
with was outside with gun. The witness
then detailed the circumstances attending
the shooting of Metcalf and also told how
Daniel came in and said he had been shot.
Jas. A. Botk;n, who was at the dance,
kaa ia Ah that hn Raluuok &hopn Frha
witness had known Daniel for i've years.
and while he drank sometimes he was
always sooiabls. The witness did not see
the fight. but saw the flash whom Metealf
and Haokshaw went to the door. Tho peF-
son who did the shooting stood in front of
witness saw Belunak walk in front o. the
door, after the first shot was fred, With .
gun In his hand. He was going out Of the
gate. A few minutes afterwatd he heard
other shots. The witness saw Daniel In tho
house Immediately after Mstoalf was shot.
Daniel went out the froRt door, and almost
Immediately tho shooting began, from tho
direction sof the road. three shots going
through the window. few minutes later
Daniel came hack. He said on entering
the house: 'That frank has shot me-"
Robert N. MoDaniels, the man who
knocked Belunah down at the dance, tssti-
hed that he saw Daniel at bis saloon early
ing the progress Of the dance before sup
pef. He testified that Bslunak came after
supper wRs called. MoDanielR shook hands
with him and told him to sit down and
have supper. He did so. HE had been
drinking said the witnsss." and while the
ladies were passing the supper yhe made
what the witness considered insulting re-
marks. 1told not 10 make such remarks
and he said it was none Of my bust
ness. He afterward came over to me and
asked ME how 10 was my business what he
said to tho girls. told him the remarks
ho made did not sound vevy we'll and he
ought not to mako them. was sitting
understand me; that had nothing against
want any trouble with him. l told
him IL might be what he intended TO say
was all right in bis language. bat II did not
sound very we'll In EnRlish. and hoped he
would take no offsnse. as / only spoke to
kept talking fast. and I lid NOT understand
what he did say. He finally called me a
liar. Ipushed him away and he struck at
me. and then knocked him down. He did
not say anything after I had knocked him
down. but got up and went out." The
witness said he did not see B'!unak after .
The latter came In with q x.shooter in his
hand and said hs was shot. Daniel threw
his pistol ON the floor, saying IL was no
good. NoDaniels testified that he had
known Beluaak for seven OF eight years;
they had been good friends and had worked
together. Bslunsk was q drinking maa.
and he only acted peculiarly when No was
drunk. He was cool whom sober.
t% DR.. Mcdonald. who attended Daniel, tes-
titled that his left arm was badly shot aud
his body FROM the breast to the knee. the
fatal shot entering the groin. When called
the Doctor said he considered tho wound
fatal. s.'.#
Chris Matthsnson. who keeps . saloon nt
Unionville. testified that BsluRsk had been
stopping with him for two wseks. On the
night OF the dance he saw him hrss about
10 O'Clock in his saloon dsinkinR. The
next time he saw him was In ths night,
whoa Matthensen was In bed. He fslt
some one pulling his vest from under his
pillow and he got out OF bed. Assshsnson
lit = lamp and started to 60 into the bar
room. B.lunak jumped at him With a club
and knocked tho lamp ont of his hand.
Then Bsluuak chased Matthenson with an
OK In tho dark. Tho saloonkeeper got into
a corner and managed to escape. Bslunak
finally leaving. taking MattEsnson's watch
and pocketbook with him. Matshenson
saw him 20 ont OF the gate and MP the road.
Mstthenson said that Bsiunak owned a
shotgun but did not have II with him whom
he assaulted him in his room.
Ths jury only dslibsratsd . few minutes
before arriving a. verdict.
Anything hut Hanging.
CHICAGO. Dec. 2O.-Ths defense In the
Prsnderaast case will rely on the fact that
the jury was allowed to separate to vote
ycstes day ~ good ground for new trial il
tho case aoss against him.