The Madisonian. (Virginia City, Mont.) 1873-1915, 1895-12-07

knives were lying On the kitchen table.
One of these the deceased picked up
and slipped up his sleeve. Mrs. Nc
asked him what he was going
to do with the knife. ~ am going to
use it on those S. of b--s" re-
Henault. Soon after the defend
ant ard Hughes came in: anger took
possession of the deceased and he be-
gan an alteration with the defendant,
who remained cool. Hunault assumed
a very threatening attitude and threat
ened to strike the defendant. Through
the opportunities Of Mrs. O'Laughlin
he surrendered the knife. The second
knife laid on the table. The deceased
made an effort to get it but was pre-
vented by Mrs. O'Laughlin. He then
made a turn in the defendants direc-
ton, at the same time throwing his
right hand to his hip pocket. Then
the shot was fired which cost Hunault
his life. A razor was subsequently
found in the deceased's hip pocket.
These and many other points the de-
PENDANT expected to prove in the course
of the trial.
DR.. James L. Jones was the first wit
ness called by the state. In his pro-
fessional capacity he became acquaint-
ed with some important facts. He had
been called to attend the injured man.
He considered the wound necessarily
fatal. The ball had entered the base
of the skull about an inch to the right
of the left ear and was extracted about
an inch above and to the right of the
right ear. He shaved the mans head
and did what little he could to make
him comfortable. He did not see the
man again but understood that he ex-
pired about four o'clock on the after
noon of the day following the shooting.
The doctors explanations were lucid
and to the point.
During hisccross-ex animation, at the
request of Mr.. Wines, the doctor,
using Messrs Wines and Booth as lay
figures, illustrated to the jury the po-
sition in which the two men must have
stood to allow the bullet to take it's
course. This resulted in showing that
in order to have received the shot in
almost the back of his neck, Henault
must have had his head turned almost
clear around from his adversary.
VIM. Hughes, who was an eye-wit-
ness of the tragedy, and Jones' partner,
was the next witness. His evidence
was to the effect that on the day of the
killing he and Jones had severed their
connection with the Twin Pine Mine,
at which they had been working.
They intended to go to Butte. After
supper they returned to the boarding
house, which is in Madison County
Just across the line. Henault and Mrs,
O'Laughlin were there. Witness re-
marked to Hunault that he (Hunault)
was out late. Henault replied ''tha1
is none of your G@d@ bust
ness. He Their accused witness ant
} Jones of talking about him, and W.
l told him what we had said. Jone'
7 then told him that he (Hunault) anC
; another Frenchman we're always talk
y ing in French and he didn't like it
l Then the two had some talk abou
I wages, Henault claiming that Jone
Z should have run the engine for $50
per day, and Jones replied that h
would not work for such wages. Hun
I ault then said to Jones:
d "You are no good anyway: you stol
. two pillows from me-"
I 81 did not" replied Jones. IL onl
o took what belonged to me-"
'You are a lying S Ola b.
n yelled Henault, at the same time MAX
q ing a break for Jones. Mrs. O'Laugf
lin i%nterfeared. Hunault then steppe'
n quickly to the table, in an effort, tn
witness thought, to grab a knife or tn
lamp, at the same time making a ha
n turn to the right and placing his han
d in the vicinity of his hip pocket. 4
n that moment the defendant fired an
Hunault fell. Jones ran out the doc
8 Witness followed him and advised hi
u to give himself up.
d Witness and Jones had bOrrOWe
t. overcoats from Henault, as it VIZ
storming, the understanding bein
S that they should be sent back trol
MelrOse.
1t Cross-examination by Mr.. Wines r.