Great Falls weekly tribune., 1895-10-25
SKULL OF ROBERT ROBINSON
GrewsOme Sight in the Trial Of James
j. Murry on the Charge Of
Manslaughter.
John Sebastian Pleads to the Charge
Of Murder-Murry Trial Near
ly Ended.

James j. Murry on charge Of man
slaughter, j. G. Anthony resumed the
witness stand. On direct examination,
the only important testimony he gave
was that Immediately after Murry fired,
Anthony observed that the hand in
which Murry held the revolver was in
the air above Murry's head
Cross-examined--W Murry was
standing near the goal before the race
he publicly stated that if one of the men
didn't get there he would put hole
through him. Witness thought Murry
was butfing, but tried to make his re-
mark appear serious. The race was
started by pistol shot. Witness did not
know how mauy shots he heard about
the time of the race. He heard some
after the killing. Murry seemed some
what under the influence of liquor.
Joe Neutrality-suspicious. at the
same place as Robinson. A couple of
minutes before the race, witness saw
Murry with a gun in his hand, the
WehpOu w" W dISS'
was clearing the course of people and
swinging the gun around.
James Sullivan-Abou ten minutes
before the race saw Murry with revol-
yer. Witness heard Murry's brother
tell Murry to put the pistol in his
pocket, they were going to start the race.
Murry was carrying the revolver in his
hand, clearing the course Immediately
after the fatal shot. witness saw Murry
holding the gun up in the air. Robinson
was shot directly under the left eye. and
never spoke afterwards. Witness heard
two shots after Murry fired.
L. c. McCoy-Was judge at the race.
Murry said that if his man didn't win he
would put hole through somebody.
Immediately after the fatal shot witness
saw Murry's hand, g1asping the revolver,
high in the air. Someone took the
weapon away from him.
Cross examined--W itness did not
know whether Murry handed the gun to
somebody or someone took it from him.
Witness did not think Murry was angry
when he threatened to blow hole
through somebody, nor did witness think
that he intended to carry out his threat
William Eade-Did not cross the track
to get away from Murry's gun. Witness
admitted he was opposed to being sub
ppnad in behalf of the prosecution, but
said it was because he had never been
on case IN his life.
Thomas Wheeler-Received Murry's
gun from Dolsen. Gave it to Timothy
Garrity. who fired shot from 1t, down
by the road. Witness stated that the
gun in evidence was similar to the one
Dolsen gave him.
William Elliott-Murry had the gun in
his hand, tlourishing it around, waving it
to and fro, to clear the track.
Richard Evans-Resides near Anacon-
da. Was one of the foot racers at Sand
Coulee May 26, 1895. Saw Murry, re-
yolver in hand. waving the weapon
slightly back and forth as he cleared the
course. Murry had a wager up on the
race and told witness that If witness won
the race he would take shot at witness,
Just prior to the race Murry was hold
ing the revolver near the goal, where
most of the crowd was. Witness thought
the weapon was cooked. but would not
swear to that fact About midnight
witness left Sand Coulee aud came tG
Great Falls. Witness lost the race
Murry was simply carrying the pistol II
his hand, not waving it much. MurrS
twice stated that he would take a sho
at witness. Witness told Murry tha
witness Wou!I not come in ahead,
Dr. J, L. Weitmah. county cofoher-
This witness brought into court wha
purported to be Robinsou's s skull. IT hat
been out Of witness hauQs for time and
although witness was confident that tht
skull was tobinaon's, the court refused
to admit it in evidence Witness sWort
tnat the ball entered al the lower border
OF the left eye, lacerated the base Of tht
brain, and lodged in the skull. Deatt
mus have been instantaneous,
Court at noon took recess until l:3l
D. II.
Upen reconvening, r. f. Brady at
torney for j, W. Albers, charged witt
cattle stealing, submitted the aflidaw
of DR.. Ferguson that Albers is too III t.
appear IN court at present, and Albers
trial was postponed until Nov, 4,
John Sebastian, who fatally shot hi
wife, Frances, last Friday, was brough
into court to plead. He pleaded no
guilty to the charge Of murder. Count
Attorney Freeman asked to have th
case set for trial The defendants al
torney, Geo, II. Stanton. stated that b
intended to move for a continuance
The defendant wag remauded to custod
to await trial, and the dirty little Grease
was taken hack to Jail. II is said tha
his defense will be that he Was handlin
the fatal rifle and it accidentally Wa
discharged.
The state in the Murry case the
rested.
A motion by the defense to instrut
the jury to acquit, on the ground th'
the state had not proved careessnea
was denied.
Attorney Huntoon then made tn
opening statement for the defense. t.
SAID that the defense expected to pro-
that Murry never owned nor carried
gun until he purchased the weapon vii
which Robinson was killed. He ar
several friends were going to picnic
few days before May 26, and Murry &
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