Great Falls weekly tribune., 1896-03-06
TESTIMONY FOR THE STATE
A Jury Secured and Several Wit
nesses Examined in the Ley
den Murder Trial.
County Attorney Freeman States
What He Expects to Prove
The Evidence.


six citizens of Great Falls had been re
turned, the following jury was sworl
to try the case of the State of Montan;
vs.. Stephen Leyden, charged with mur
der at Belt, December , 1895, of Victor
llg: James II. Gillette, rancher, Belt
William Elliott, eXpressman, Great
Falls: II. A. Miller, rancher, Cascade
w. H. Stafford. Henry Tietjen, mer
chants, Great Falls: Robert Andrews
track foreman of the Great Falls Street
Railway Co.. Joseph F. Stuart, rancher,
St. Peters: S. X. Wilber, drayman,
Great Falls: p. Kelly, bookkeeper in the
Falls; T. W. Pursell, rancher, Cascade;
E. L. Cornell, dairyman, Sand Coulee;
NJ. II. Allison, laborer, Great Falls.
The charge in the complaint is murder
in the first degree Under the charge,
the defendant may be found guilty in
the first degree, the penalty for which is
death: of murder in the second degree,
the penalty for which is imprisonment
for not less than 10 years: or, of man
slaughter, the penalty for which is i'm
prisonment for not more than 10 years.
At the request of both the defense and
prosecution, all witnesses who had been
subpunaed were sworn and excluded
from the court room.
County Atty. Freeman then stated
what the prosecution expected to prove.
He said that he expected to show that,
on the evening of Dec. ,. 1895, Victor
Zig, aged - years, teamster 10 the en-
ploy Of the Castner Coal and Coke com
pany, who was preparing to return TO the
hume IN the east of his relatives. became
intoxicated and. about p. m. entered
Johnsons beer hall at Belt and sat down
at a faro table at which Leyden was deal
ing; dispute soon arose over the cards,
either regarding the dealing or betting.
That lig Was drunk, the state will
neither deny try to excuse or qualify
Afler considerable discussion and wordy
quarreliug between Leyden and IIg, the
latter reached toward the cards. Leyden
pulled revolver out Of the table drawer
and struck Ilg three Or four times over
the heau, luiilcting serious wounds ard
bruises. lg had neither struck nor in
ti.c ed an injury Of any kind upon Ley
den and Was on the opposite side of the
table. After this IIg was excited and
made various threats, but was SO drunk
that 10 reasonable person would have
given Any attention 10 him. He left the
hall. bug returned shortly afterwards
standlug b. the stove. After standing
nc 7Io' .'I-o' I'' A'A ~ ,oN alu W
HeJ NeL 4aS -ou'' oN' nol ~ y, d urea ellhs
mauu-T. Leyueu said. Get out anu
put uut his left arm. 10 shove Ilg away.
llg tooA ho,l VI that afm; Leyosn mad
1iG H. .tta,m,,> f-1'4l,nt INV inr,, ~,
On Lt,ueu or to pull a gun. I..,dln
shot 4. this time, the na entering ilgs
iefL eide. i,g let 90 Of l4ayoe 'safm aad
stood back, L|yG~n flreu 8galn the
bah missing LIZ and striking the ceiling.
LIZ fell d0"n aDd over char, with hl=
face ro|arI the tJJr. Leyden WAS above
liz, II, nslag position; and tired 4 third
shot whIcn =.ru ! Z on the ght side
of the he, passing entirely through, the
pcwdsr scorcnILg the nair
by Two reputable Witnesses, Mr. Free |
man sand, be would prove that l. Lyden
Knew that l4g hat NJ gun. In fact, lg
did not have s. much as penknlfe upon
him, lie v ss under the Influence or
liquor, Dut there Waa no necessity Of
L7yden s taking his life, There were
large number Of peJp!e in the room and
defendant could have called an officer at
the beginning Of the dispute, which he
did not do. lie could have avoided
taking human life, and said to his own
brother that Ilg had no gun and was
simply running bluff
The state then called as witness