The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-26
THE STATE IS THROUGH.
AnI the Defense Has Now Begun
the Introduction Of lis
testimony.
The Effort VIII Bs 70 Show That
Frank Belunak Was
Insane.
Judge DuIsoss Does Not Ike the Ides
OF Jurors Asking Questions OF
the witnesses.

A. ths rate that The trial Of Frank Bella
max for the murder of Joseph Daniels has
been proceeding. the ease IL likely 20 90 70
jury this evening. or ht ths furthest to-
morrow morning. The state has concluded
the introduction Of direct testimony. and
the defense has gotten along pretty we'll 40
far with their case. Bs unak. aa usual.
sssmei 10 pay no attention 20 the proceed
ings, sitting with closed eyes most Of tho
day. Al ono time he put one foot on the
scat Of the chair which he was occupying
and nursed bis knee for quite awhile. Only
once did be evinoe any particular interest
10 the testimony. That vas when one Of
the witnesses for the defense gave IL aa bis
opinion that Bslunsk was crazy. belunak
looked a. the witness and broke into the
faintsat ghost Of a smile. The crowd vas
az large as usual. and the noise made By
the spectators moving about on the bare
fooi, while not quite as bad as before. was
still sufficient TO make hearing the testi-
mony somewhat difficult. County Attorney
Nolan and Alto ney Purcell had their
usual numbsr Of contests over the sdmis-
sion OF certain testimony, but the court
ruled promptly on all Of these, and thus
prevsntsd any loss OF time.
During the morning session the state
tried to get before the jury the testimony
OF Chris Mathsnsen. st whose saloon
Belunak stopped while some one else was
occupying his cabin. The object At frat
was merely TO show Mathenaen's ownership
Of the watch and chain and pockstbook
containing money, found on Belunak when
arrested. This would have located the
accused at the Nsthenssn saloon during
the night Of the tragedy, when 10 is alleged
he went there after his shotgun and al the
same time robbed and assaulted the pro-
/ prietor. The court was willing 10 allow
/ evidence TO 20 in IS TO ownership OF the
property mentioned, but ruled out al ref
erenos 20 the assault and robbery. When
the defense, hoWeyef. tried to show on
| lcross-sxAmination that Bslnnak was in the
habit OF taking care of Aathsnaen's pocket
book and other property when tue latter
was drinking, the state again seusht 70 aet
In evidence OF all that had occurred al
/ Mathsnsen'a. The court said that the de-
| feuse had technically paved she way for
! such a course on the part OF the state, but
still She evidence would. not be allowed 10
60 In.
hsye been asked witnesses bJ the jurors.
/ Yesterday one Of the iutofs desired psrmis-
! sion 20 put a question 90 q witness. Judge
: DuBoae would not allow 10. lie aaid thefe
was no Law for II. and that when loror
asked a question no lawyer cared TO oDisct
for fear 10 might prsiudies that juror
against his side Of the case.
Before the days proceedings were over
the defense had begun ths introduction OF
testimony TO show tnat Bslunak was not OF
sound miRd IL was shown that hO was
ovsrcoms by gas while working IN mine
! seven years ago. Some evidence Of queer
actions on the prisoners part was addueed.
One Of the queer things was that he slspt
with his shotgun alongside of him, saying
| the people's party and the Salvation army
were after aim" de seemed 10 have .
grsat dread Of the peoples party and ths
Salvation army.
Il 10 likely that the defense will be
through with their side OF the case to-day.
/ Then the state will have some testimony
In rebuttal. ami the case will be ready for
argument