The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-25
THE NIGHT SESSION.

Testimony for the State Nearly All in
when Court Adjourned.
James Botkin. the hrst witness al The
night session. testified 70 sesiuR Belunak In
front Of the Daniels house about twenty
I'VE minutes after three in the morning.
He had gun Ia his hand. After Metcalf
and HAekshav had been shot. Daniels came
to the house. and went out again In few
minutes. After Daniels had been shot
witness met him a. the door coming in.
Daniels hand Was BLOODY. Witness 6sked
him what was she matter. aid the answer
wa: That Frank has shot me-" The
cross-examination failed 70 shake the wit
ness recollection of what Daniels said as 90
who shot him.
Frank IA. Bennett who lived in part OF
the house occupied by Daniels. was the
next witness. He WAS IN bed az tile time
the shooting began, but looked out his win
dow and saw Belunak With a Run In his
hand. After the shooting witLess saw
Daniels fall near ths old boarding house
and crawl along some distance on his
hands and knees. Bennett also testified 10
finding Belunaks gun and satchel near the
wood pile at Msthenson's; also went TO
BelunAk's cabin and found blood stains on
the door knob.
On orOss-eKAminstlon Mr.. Purcell asked
witness IL he was not standing Of the win
dow of his room trying to GET a shot az
Bslunsk. The state objected and Judge
DcBoss asked the object Of the question.
Mr.. PUrcell said IL was 90 show that Ben
nett WAS trying to shoot Belunak, hut vas
prevented by Dapiels being in the way.
II sustain the objection" said Judge Du
Bose. Even n Bennett was trying 20
shoot BslunGk 10 did not justify BE unak In
shooting Daniels"
Mr.. Purcell wanted 20 know II Bennett
had not told some ons fsw nights after
that Daniels was tying 20 sneak NJ on
Belunak with revolver al the time be was
shot.
II made no such statement" answered
the witness.
c. c. TslmadGe. who occupied Belunak's
cabin, was put on the stand to show that
Bslunak came the during the night OF the
shooting and that next morning the shells
Of his gun were missing from the shelf
where they had been.
Chiis MAthenson was put on the stand
but was not allowed to testify 20 the fact
that Belunak had robbed and assaulted
him, aa the county attorney wns not sure
whether this was before OF after the shoot
ing. and she defense objected on the
ground thstit might be testimony OF pre-
vioua Otfense. He. however. recognized tie
gun belonging 10 Belunnk.
Daniel Mcintosh, partner OF Joseph Dan
iels. testified TO Belunsk being IN his
saloon about three In the mo ming. lie
had black eve and there vas some blood
on 10. Belunak said Bob McDaniels had
struck him aud thai he was going 60 kali
Mechanics. Witness triel 60 dissaude hinn.
Daniels came in aud also talked With
Belunak about the affair. The latter
warned both OF them not te 20 out or 10
wonld be the NO - for them. There was a
rsvolve kept behind she bar. After
Bsiunak had gone and the hist shot vas
heard Daniels vent out too but witness
did not see him take the revolver. The
pistol was not behind ths bar Ia the morn
tnr.
On eross-eHamination witness vas asked
~ he had not told MEX Jewell aftsrwG da
that no advised Daniels not 90 so out OF
the saloon ~ BelunAk vas crAzI.
Mcintosh said he had no, made any such
statement
D.. William Trssey testified 20 the death
OF Daniels being due 90 peTitonitia caussd
BY psrferation Of the bowels b. SHOT
Sheriff Curtis tsetihea 90 the artlclss
fo1nd on BelunAk when the prisoner vas
turned ovsf 90 him. They consisted OF saw
.. al shells In his coat pocksL . slug shot,