The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-01-26
KEPT HIS GUN HANDY.
pclunak Though, tho salvation Army
and the Fopuii.ts Pursued Him.


specia! Dispatch 10 tho standard
HELENA, Jan. .5.--Judge DuBose laid
down a now rule in the Belunas murder
trial to-day. There is no law in this state
allowing juror TO ask questions of a WIT
ness, neither Is there any law to prevent
IL. Several times during this trial jurors
have undertaken TO cross-cSamine with
out protest from either the state or the
defense. This morning, however, Juror
Mcdonald requested permission 10 ask q
question OF one OF the witnesses. The
Judge said that there was no law on tho
subject. but that juror might ask ques-
ton which was altogether illegal and yet
none Of the lawyers would care 10 inter-
pose an objection, rs IL might
prejudice the juror against their aide OF
the case. In this instance the judge would
not allow the question to be asked and he
will adhere to this in the future, unless
there Is good reason TO change his mind.
The prosecution completed their intro
duction of direct evidence this morning.
The most important testimony, had 1t all
been allowed TO 30 in, would have been
that of Chris Ma,hesen. at whose saloon
Belunak was stay ing while another man
was occupying his cabin. IL was tho in
ten,ion Of the state TO prove that Belunak
went there after his shotgun, which stood
near his bunk. AID that while there he as
saultcd and robbed Mathesen Of watch
| and chain and pocket book containing
q sum of money. The court would NOS
allow tho evidence OF the assault aud
robbery to go m, but permitted Mathesen
to testify TO the ownership OF the articles
| in question aud 10 the fact that the sbo;-
| gun " as kept in the room Belunak occu-
ped.
The other evidence Of the state was
that OF tho doctors. as to Daniels having
died of pcritonitis, caused by tho intes-
tines being perforared by shot; and tho
production OF n number OF shot taken from
him at the post mortem.
| At the afternoon session the defense
called DIR. James j. Macdonold TO testify to
a conversation lie had with Daniels while
| attending him after the shooting. There
was quite a legal struggle over the admis-
SION Of what Daniels said and did. The
defense scored a victory so far as getting
in evidence OF what Danields said, but
the state Was successful in keeping out
what the wounded man did. DR.. Mac
donold said Daniels told him there had
been trouble that evening with Belunak,
and that the latter had made threats to
kill somebody. Daniels did not know
how much importance TO attach to
these threats, but some OF the men
at tho dance being in doubt as To
whether he was in earnest, had goae out
to find Belunak aud soothc him, aud that
they failed to find Belunak. Daniels told
the doctor that, hearing a shot fired, he
concluded thar Belunak had carried out
his threat, and taking his revolver started
toward the house; that on the way there
ba saw the figure of man. and directly
afterwards was shot and fell; and that
while on the ground be drew his pistol
and fred.
"DId he say anything about killing Bel
unak? ?" was asked the witness.
"His language was to this effect" was
the answer. 'He gave me the impression
that he started out with no definite inten-
tions, but that IL Belunax had shot any
body. he lDanielsl meant 20 kill Belu-
max"
The defense then tried to get the witt
ness TO tell that Daniels attempted TO get
out of bed 10 20 after Belunak when tho
latter returned 10 the house. Tho state
succeeded ia keeping this evidence out.
| c. {. Albright testified as to Belunak's
SANITY. lie said Belunak was overcome
by gas at the Frohner mine in lSs7. and
had acted strangely since. Arthur Benoi,
testified TO working with Belunak, WHO
always kept his shotgun near hun when
sleeping, saying the peoples party and the
salvation army were after him. rnero
was no night session OF court. The case
| will probably bs finished tom orrow.