The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-14
MADE SHORT WORK OF 1T
Not Much Of the Courts Tima Con-
Sumad By Pugh's Trial
PREPARING THE VERDICT
Late In the Afternoon the Jury Re-
tires to Deliberate Upon the
Evidence Produced-Dsfend-
ant Becomes stubborn.

Special Dispatch to the Standard.
BOULDER. April 13.-The defense in the
case of Clay Pugh, the Butte murderer,
made the opening statement to the jury
this morning. They intended to prove
Tat West began the assault by saying
"You ----, I'll fix you for beating my
train," and hit the, prisoner in the face,
threw his bundle off the train and other
wise maltreated him. They also stated
that West was in the act of drawing n re-
voiver and that Pugh got bis out first and
fired two shots at him.
Dispositions were offered in evidence
from parties in Iowa, most of whom were
connected with the celebrated Davis will
case, as to the character of Pugh, saying
that he was hard working boy and al
ways bore a good character.
Jack Leyden, n police officer OF Butte,
was the first witness called. He testified
that he knew Pugh in Omaha and worked
with him every day for three months.
S. j. Reynolds, sheriff of Silver Bow
county, was next called and stated that
when he took Pugh in custody his nose
was peeled, but could see no further
injuries. Under Sheriff Elderkin's tcsti-
mony was virtually the same, only in
answer to n question from the state, he
ooiu ehos uSu "os SPfy ohu ucoi'us ~
the time.
Clay Pugh was then sworn and placed
on the stand. He stated that his age was
% and that he had mother, two sisters
and two brothers; that his home was in
Davis county, Iowa, where his mother now
resides, his father being dead; that he
supported his mother most of the time;
| that he worked at common labor and did
some teaming.
He said he was in Butte on the 5th of
October last and started for Anaconda on
an ore train, catching the train as il was
leaving the yard. He got on the train and
was sitting on an ore car, when the con-
ductor ordered him off. He slid off, but
| got on again as soon as the conductor
left that part of the train. The conductor
| again came up to him with the words I;
| "You ---",I I'll fix you for beat
ing my train," and struck him on the
nose and, he thought, two or three times
on the head and kicked him. but could
not say how many times, in the side and
back. The train then stopped. He jumped
off and the conductor said: .s--
you, I'll fix you," and put his hand upon
his right hip pocket, whereupon the de-
fendant drew his revolver aud shot twice.
West falling off the car.
Pugh then ran over to the hills to get
away. He also stated that the marks
from the kicks remained on him a week.
He was sitting on the platform when the
trouble commenced and did not attempt
| to strike back when the conductor hit
him. He said the reason he fired the
shots was because West intended to shoot
him. He had gone over the road once or
twice before, but not with the same crew,
and at those times the trainmen did not
do anything further than collect money
from him.
In the cross-examination the witness
stated that he had not done any work q
year previous to this time and was sup
porting his mother. The state attempted
to prove his character and habits while in
the west. Before that time he was team
ing, and he did not require a six-shooter
in his work. Hc said he was not certain
whether West hit him in the head or not.
The state then asked the question: I'm
what position was West standing when
you shot him?"
The witness would not answer. and
neither the Judge nor his lawyers could
get him to say another word. Several
other questions were asked him, but he
said he would not say another word, and
he was finally excused.
Vardell was called back by the defense
and testified that he found the clothing OF
the defendant about 10 cars back from
the car where the shooting occurred. The
defense here put the corones's proceedings
in evidence. The state objected, stating
that the evidence was not sworn to. The
| objection was sustained.
The defense here closed the case. The
court allowed each side two hours for ar
gument. Court adjourned until 80 in
=. the afternoon.
w. II. Parker opened for the state il
the afternoon and was followed by Camp.
hell and English for the defendant. At
torney Wines then closed the arguments
with n very brilliant discourse. lasting
one hour and 10 minutes. The court ther
addressed the jury and they retired to de
liberate on a verdict. The court room
was crowded with ladies and gentlemen
who appeared very much interested in the