The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-26
THE ArrEKNOoN SESSION.


Testimony by the Defense as to Beiunaks
sanitv Begun
The defense started In al the afternoon
session by introducing photographs OF the
scene of the shooting W. IL. Taylor tes-
tined TO making the photog aphs DR.. Jas.
J. Macdonald was recalled by the defense.
who wanted TO examine him in reea d 20
statements made by Daniels 20 the doctor
Ia regard 10 the shooting. and also as %
Daniels trying 10 get out OF bed and 20 for
beiunak when the latter came back 10 the
house. Tho defense, under the ruling Of
The court, got before the jury what Daniels
said. but not what be did. Dr. MaodonAld
said he asked Daniels how he was hurt.
Daniels said there had been trouble az the
dance with Helunak during the evening;
that Belunak had made threats Of killing
somebody; that he (Daniels) was NOT aware
Of how much attention To raw TO those
threAtsi but that some of the men. being
In doubt as TO whittier BelunAk was in
earnest, hid gone out 10 md him and
soothe him. but uldn't find him; that.
hearing a shot, Daniels said he had taken
bis gun and went toward home. On his
way there be saw the Inquire OF a man, and
directly afterwards received a shot wound
and fell; aud that while lying on the ground
be fred az the nRurs.
Judge Clements asked II Daniels had
said anything about killing BelnnHk.
Tbs language, witness said. was 10 the
effect, or gave the impression, that while
Daniels had started out WITH no definite in
tentions. still n Belunak had shot anybody
Daniels meant 20 kill him.
Judge Clements wanted TO know what
Daniels did toward getting out Of bed TO 90
after Belunsk when the latter was in the
next room. but the court sustained the
states objection.
The neIt witness, Louis SkoR. saw moth
ing Of the affair. but heard the shots. I he
FIRST came from q gun, the next. some time
after, from n revolver, and the next from 4
gun. VIM. u. Mile, another witness, tea
tihed 10 seeing Belunnk In hsthensen's
saloon about quarter past two O'clock in
the morning. lie Was washing the blood
from his face. He had a wild look out of
his eyes and appeared to be excited and
somewhat drunk. Belunak said he had
been 30 a dance aud had been knocked
down and beaten By two persons. Witness
also head the shots The hTst WAS gun
shot Some time after this came pistol
shot aud then another gun shot
Col. Nolan now started in 10 prove that
the witness was an unwilling ore 90 far as
the state was concerned. The witness had
been IN she county attorneys office and had
stated there that be did not propose 90 tell
anything about the matter. Attorney Pur-
cell established Ihs fact that the defense
also had great difficulty In getting the Wit
nsss 10 appear and testify.
Nick jewell was put on the stand 10 i'm
peach the testimony OF David Macintosh.
partner OF Joseph Daniels. Macintosh
had testified that be had not said in the
presence OF jewell the night after the
shooting that he had advised Daniels not 30
90 out of the saloon after Belunhk, as the
latter was cTszY and liable 10 shoot. jewell
testified that Maokintosh did make the re-
mark a. the time aud place named.
Anu ~ Ia 49,
TO BelHnaks sanity. @. O. Albright was
the hist witness on that point. lie was
superintendent OF the L dinner mine in
1887, and Belunak worked for him there.
There was an accident from the aocumuls-
ton OF gas in she bottom Of a shaft after a
discharge Of giant powder, aud Belunak.
witness and others were owe. come. Belunak
quit work for some time after the accident.
witness then told of what he had noticed
a. strange about Bslunak. ID was last
spunR. when Bslunak came to witness
cabin, about fear miles from Winston.
beiunak said h0 was going to the park. lie
would not eat any suppef. BslunAk said
be had walked up 20 the cabin for fun.
Witness persuaded him 90 stop there that
night Wheu witness woke up In the
mo ming belunak had gone. lie had his
shotgun with him At the tims.
Arthur Bsnolt WAS the next witness. He
said lie was wo king for butcher near
Kranich's in Decsmbs 1892. Belunak was
en- lloysd there for three or four months to
look aftrr the stock, and slept In a shed
partitioned of from the barn. Witness
went to wake Belunak one morning and
found him with his shotgun. Beiunak said
he had TO keep the gun theTe, ~ the peo-
PIES party aud the salvation army were
looking for him, and q man had 20 defend
himself. Al another time witness found
be.unak lying Ia the mango. with the
loaded gun beside him. One day witness
ana Belunak were gong along with a wagon
load of meat. Two men we're on the hill,
and seeing Bslunak cycling them witness
emsrked iokingly that they might be the
peoples party or the salvation army, aud
suggested that Bslunak had better get of
aud walk. Belunak got down and walked
some distance. keeping the wagon between
him aud the men. Another day Belunak
unhitched the team, left the wagon stand
ing in the road and brought the horses
home. saying two men we're in the bushes
waiting 60 shoot him. Belun8k also wanted
TO sleep In the straw stack. In reply TO
direct question Bsnoit said BIO considered
BslunAk's mind unsound. Il thought him
crezy." said the witness
ID was decided to hold no night session
OF court. as County Attorney Nolan had
another state case TO look after.