The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-13
BURKE And HIS GUN
he Is Held to the District Court for
Shooting Marshall.
THE STORY TOLD IN COURT
Ii Appears That the Young Man
Didn't See the Constable's Point
Until the Bullet Brought
- Him to the Ground.

liminary examination by Judge t. ID.
Fitzgerald yesterday, on a charge of
assault In the second degree. Bail In
the sum of $500 was furnished.
No testimony was submitted in be-
half of the defense. Burke was repre-
scented by j. r. Boarman and the state
by G. B. Winston. The witnesses ex-
amined were Tom Marshall, better
known as Williams. that being the
name of his stepfather; Sidney Stacy
and D. s. Wallbridge. Andrew Nemey-
er, Peter Wilson, DR.. F. L. st. Jean
and DR.. J. F. Spelman.
Thomas Marshall, on being examined.
testified: MY name is Thomas Mar
shall; will be 81 years of age in July;
am employed at the Montana Union
shops, where 1 am learning the trade.
/ do not know Burke, the defendant;
never saw him before last Sunday aft
ernoon."
Tell what occurred then"
IT was coming down with few
friends from the residence OF a friend.
Some boys began snowballing us on the
street. was wearing Walbridges hat
and / guess the kids kind of took
shine to the hat AS they threw a
SNOWFALL and smashed the hat Wal
bridge ran after one of the kids, and so
we all crossed over to the corner to
wait for him to come back. saw one
of the kids kind of make a motion to-
wards me with his hand. / turned
around, and when he saw me looking
he put his hand over under his other
arm. took him by the neck and gave
him a 'scuff.' Just then Burke inter
fered, and think he was going to ar
rest walbridge first. OF course asked
Burke his authority to arrest any man
and we monkeyed around there few
minutes and finally Burke threw back
his overcoat and showed us his badge.
When I saw he was an officer walked
away in front Of the saloon on Park
avenue and into the Clubhouse. / stayed
there a few minutes. Pretty soon one
of those youngsters came around to
where I was in the clubhouse, and said
Here he is.' I ran out through the
saloon past a house there and over to
Chinatown. I ran across Park avenue
and up to Chinatown and ran down
q the alley that Is there. That is where
the trouble took place. I think two
shots were fired, at least 1 heard one
come whizzing pretty close to my ear;
1 heard Il sing as 1t went past. The
other shot struck me and after 1 was
hit ran for q little way. but my legs
got numb and fell down. This was
in the rear OF MacCallusn & Cloutier's
store. ] could not state how far Burke
Did he say anything to your"
mo, sir"
Witness then showed the court his
coat with the bullet hole in the should
err. He said he had run $50 or 200 yards
from the Clubhouse where he had had.
Cross-examination by J. r. Boarman
developed no new facts that were ma
terial
Marshall testified that he had been
with Stacey, walbridge and Butler
visiting friends OF Buffers, for about
two hours They had been singing and
had had a few drinks. not more than
two or three. Was not intoxicated. All
had had about the same number of
drinks; we had few at the st Law
renee before we went out calling.
Did you not resist Burke when he
tried to arrest your"
mo; just threw Off his arm"
lis 1t not true that some of you boys
jumped into him?'
mo, SIR"
And you did not resist him?"
NO sir. He said to me, Come with
me- I said, oh, no. / stayed right
there on the corner. Burke brought
walbridge back and arrested him. I
asked the defendant what authority he
had to arrest anybody. He said. That's
all right; you come with me- / asked
again for his authority, and he showed
a badge. When he showed the badge
I ran"
what did you run for?"
"I did not want to be arrested"
How could you be arrested when
you had not done anything to be arrest
ed for?"
resting us. / would run from any po-
liceman who said he was going to ar
rest me-"
on redirect examination, Marshall
said that the officer did not call to him
to halt before he shot him.
d. S. Wallbridge described the events
of the afternoon in much the same way.
He said the four young men, of whom
he was one, were walking down the
street when a boy hit him in the ear
with a SNOWFALL.
What did you do?"
IT ran after the kid to scare him.
The boy escaped. Burke came up to us
and said. I arrest YOU / asked him
what for. He said. For kicking the
kid / told him / did not kick the kid
that he got away, and pointed out the
boy, who was in sight, up the street.
Burke said, That's all right; you can
explain at headquarters and laid his
hand on Marshall as though to take
us both with him. Tom asked him for
his authority. Burke showed his badge
and Tom ran into the saloon and Burke
after him. / went in at the side en-
trance to see what was going on, but
did not see either of them. / stayed
there a few minutes and then walked
up Park avenue. l had gone to the next
corner when Burke nabbed me again,
and / was locked up until l got bail.
did not see the shooting. l don't know
what Marshall said to Burke after he
left me. While he was there neither OF
us struck the officer"
Peter Wilson. an eye witness of the
a., al.
alley when the men came running into
the alley. and Marshall was just about
outside where / live when he got shot
After he shot him. Burke put the gun
in his pocket. Burke was there at the
time and Marshall asked why he shot
him. l picked him up and carried him
into the saloon. When Burke shot Mar
shall they were about % feet apart