The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-24

1
T. q. Peabody.
David Beach.
Judge Dudlsy DuBoso IL presiding IN. %
absence Of Judge W. II. Hunt. The latter
has gone into Judge DuBoae's district to
D eside At kalispsll At the trials OF the
county officers Of Flathead county, Who are
charged with malfeasanos in Office.
The charge against Belunak is murder In
the first degree. The information charges
that he shot Joseph Daniels at Unionvills
early or the morning OF Dec. Is. infiietine
a wound ON which Daniels died on Dec.
10. Belunak. tie accused, is a man OF
about 30 year.. of medium height and
thieksst. with a massive head. Durine the
proceedings ho sat near his counsel and
moss Of the time kept his eyes partly
closed, though paying close attention 20
all that was going on. Only once did he
show any emotion. and that Was when one
Of tbs men in the jury box said be bad
some scruples about changing a man BY
the neck" TheH Bslunnk tarned quite
pale. The prisoner IL defended by Richard
| X. Purcell and j. M. Clements. County
AttorueY Nolan is being assisted In the
prosecution by Leon A. Lac ok.
PracticGly the entire day was occupied
In securing jury. The regular panel was
exhausted aud a special venire issue1. Tho
latter was nearly exhausted also when the
last iui yman who Was satisfactory TO both
sides was selected. Fifteen had been chat
lenged because they had formed opinions,
two because they had scruplss against CAPT
/ tai punishment, aud one because he wss
biased AeAInst the defense OF insanity,
which 10 was intimated might be set up in
this case. The prosecution exhausted ell
i've Of their Teremptory challenges on Cars
| MOcksl George ii. illey. VIM. Harrison,
l.. II. Wilson and homns Gilchrist. The
defense waived two of their ten challenges.
| nd exercised their right ON W. r. Ia tin.
Frank sharpe. Robert Brown. oolored, @. L.
Csrson. Jerry Weller. d. 4. spsrT.
Those excused for having formed
opinions we're sIoussd BY the court vhsn-
ever IL apps sred that the opinion was sueh
that 10 would take strong evidence to re-
move, Judge Dubose explained that the
reading OF q newspaper report OF q tragedy
and the forming of an opinion from that
was not considered q disqualification by
law, unless the opinion was such hxed
one that II would require strong evidence
90 change il. An opinion formed from
| conversations with witnesses 20 the tragedy
was disqualification, however. Seys al
| Of those who had opinions had arrived at
them artlJ in that way. IL was quite evil
dent all the way through that the man who
reads the newspapers 10 considered intelli-
gent enough to act as a juror. Frank
Sharpe. one OF tho Jurors challenge BY the
defense. had told the court that he had
read of the affair IN the tape g. but he did
not place i'm llieit belief in all be cad. nor
in anything near ell. The defense first
CHALLENGED him for cause. bat when the
court declined 30 allow the challenge, sxeT-
cised their perem ptOTy right.
Those who we're excused by the court for
having formed opin ons were; G. w. Can
non, Jacob Loeb, George Booker, Joseph
| PAIGE. Geo. Is. CEild, II. III. Pa chen, ID. ].
McNally, Aug. Weisenhorn. John stein
metz, +. j. Nys. W. J. HartWig, w. II.
Haskell, +. L. Beck. 5. X. Davis and +. @.
BSbcock. Anthony DouRherty and Geo. ID.
Beattis lad serugl9s against capital pun
ishment. c. w. Hslmiok was preiudiced
I against giving much weight to the IleH OF
/ insanity as defense in IN urder cases.
When the work of selecting the jury was
completed 10 WAS neaTlv four o'clock In the
ate nuon. County Attorneg No an then
/ made the open 'nq statement 10 the iufr.
/ he said the prosecution expected to prove
that Bslunsk owned shotgun and a nun
Der OF cartridges which he kept Ia his o. bin;
that q man named Talmadge want 30
/ occupy Belunak's cabin while working SEINE
/ Mathensen's saloon. On the night of
the tragedy there was a dance At
/ Knoxville az the house OF Joseph Daniels,
who. with man namsk Macintosh, ran q
/ saloon there. About one o'clock In the
morning OF Dec. l6 BeluDAk went 10 the
i nouto WLtNe Nuo 0ANSe was IN hiogHebhs ne
was invited TO take supper. as the party
we're then eating IL was evident that he
hal taken some liquor. as be made remarks
considered derogatory TO tie ladies'. A
man named McDanisls and also another
demonstrated with hun and tried 10 pacify
him. Bslunak began abusing McDauisls
and struck at him. The latter struck BEL
unnk, knocking him down and blacking his
I eye. BJlunHk LIFT. aud when next seen
was coming toward the Daniels house with
t a l. H.
about three o clock. lie had been 10 Dan
| isls' saloon. where be bad to. d Macintosh
thut he meant 70 kill MeDaniels II be had
TO suffer for 10. He also told Macintosh
that II would be the worse for him IL he
went TO the dance. Daniels came Ia and he
aud BelunAk had q drink together. Bel
unGk repeated 10 Daniels the remark about
not going 20 the dance. He then left the
saloon and few minutes later a shOt was
heard.
At this point the county alto nsy started
20 exhibit 60 tho july diagram of the
scene Of the locality Of this shooting. Law
yer Purcell objected on tn grouad that
the diagram might be a matter OF evidences,
bot vss not proper ~ this time. The court
ruled the diagram out a. this point aud the
prosecution noted an exception. The
county attorney then explained the locality
without diagram. Continuing he said
that about quarter past three Belunak re-
sppe ed al the house where the dance was
Ia troGresE. Wo men. HaokahaW and
Mstcaif. went out she front door. whsn
Belunsk fred a. them. The former got
some OF the shot In the neck and the latter
some in the face. Daniels. in his saloon,
heA 4 the shot and taxing his revolver,
vent home TO see what the trouble was
when ne learuel he went out after Beluuak.
The latter. kneeliuR VA the road and taking
deliberate sim. Nrsd. Daniel returned she
FIRE from bis revolver. Belunak then htsd
three times Daniels WAS sbot in the arm
and the stomach. Tho state would show
that the SHELLS used we're taken from Belu-
nak'a cabin about ono o'clock In the morn
ing.
The dsfenss had no opening statement 10
make. and dudgc Duliose 40 frat decided %
hold q night session Of court and 20 ahead
xith the evldsuos. Later he rscoasideisd
aud adjourned court All this morning. lie
told tie witnesses that wheu their names
we're called he expected thsm 10 b. Ia court
and MOI somewhere else. a. the case was an
impoTtant one and Would consums come
daya and h. wished 20 avoid loaina anv
tims. A the iuIee started 90 address ths
iufy about not talking shout the case etc,
there was = rush % abe crowd FOR the dooF.
Judge DuBose met uotsi ths bailid 90 pre-
vent anything like that IN the futare. a. u
drowned abe sound OF what was very im-
portant the iurT should hear. The iury