Great Falls weekly tribune., 1896-03-06

poTo' 10 was uQQor tl0 ln1uonC0 OF
liquor, but only enough 80 to bring out
all the dog and brutality in him. He
came in with James Guy, both intoxi.
Gated. but Ilg in the full possession of
physical faculties, with full capacity to
do wrong. William Dwyer, young &C.
quaintance Of Guys, sat at beer table.
llg did not know Dwyer. Leyden was
sitting near Dwyer, and within hearing
OF what anyone where Dwyer was might
say. As Guy passed, Dwy er said, "Hello,
where are you going?" Guy replied,
jokingly, I'VE are looking for Texas
jack" Dwyer said, II am "Texas
jack" Guy turned to Ilg and said,
This is Texas jack" IIg turned to
Dwyer and said, II can lick you if you
are Texas Jack. | can lick you; am
the Kansas Kid l can lick you or any
man in Belt. I will not bar any weight"
Dwyer replied that he did not care
to fight and advised Ilg to fight for
money, if he was such good man, and
walked out llg walked up to another
man, barber, caught him BY the shoul.
dere as ne was rising from a chair,
pushed him back, and said: "You sit
went over to Leyden's table. He had no
money and didn't play any. He stood
there and soon began to heap abuse
upon Anthony Leyden and called him
all opprobrious epithets. Then Ilg be-
gan to make "mental bets" Defendant,
either to crafty Ilg or Disregard him
continued to turn the cards. IIg began
to complain that he bad been cheated,
calling defendant various vile and filthy
names. He finally got up, reached over,
not quietly, but violently, and seized the
cards or chips in an angry manner, and,
in the motion, probably accidentally,
struck defendant in the face That an
gered defendant, he pulled gun from
the drawer and struck Ilg. Instead of
backing off Ilg walked around the table
toward Layden who, seeing him anxious
to fight and not desiring to shoot,
struck him with gun three or four
times, 1lg striking back. Ilg knocked
Leyden down onto his hands and knees.
Leyden got up, saw no further danger,
and started back to the table. As he
turned, Guy put a chair against the bar
to keep Ilg back. Zig threw Guy down,
turned to Charles johnson, the barten-
der, requested the loan of pistol and
requested several persons to lend him
gun with which "to kill the ----.''
lie did not obtain a gun, then said, "I'll
go out, get gun and get even with the
= - -" Guy and IIg walked up
to the bar. A stranger was drinking
beer there. Ilg grabbed his glass and
said, "Drink whisky, you --- --''.
After drinking, IIg went out Leyden
went on drinking, with no expectation of
trouble. l'g soon came in, with his hand
in his hip-pocket. He went behind the
stove and stood there, dodging around,
saying, 81 am even now with the -
- Leyden had not, and could not
have had, any knowledge that llg had
no gun. Soon Ilg walked over
deliberately, with "blood in his eye"
with the expression of his face showing
bis intention to do bodily harm, toward
Ley del, who got up, and did what he
ought to have done, took the gun out of
the drawer and put it in bis pocket.
realizing that Ilg was a more powerful
man than he. Leyden said, "Now, you
keep away, or I'll have to hurt YOU" and
put out his left hand, to keep llg away.
The latter instead of doing as Leyden
implored, grabbed his left wrist, violently,
saying, Now, I've got you, you -"
Leyden then fred the ball striking the
ceiling. Ilg grabbed Leyden by the
throat or struck him, causing HIM to fall
over the chair. and he fired the second
shot while falling, When Ley den fell,
| g fell on him, still pounding him, en-
deavoring to do what harm he could.
Believing that he Was in danger OF great
bodily harm, Leyden fired the third shot
and was careful to fire shot that would
stop his assallant. The shots we're fred
in as rapid succession ae possible. AZ
ter the shooting, Leyden. in order TO get
up, had to push llg's body off Leyden
surrendered his gun when Constable
Richardson came, and there is not
word Of truth in Richardson's statement
that he had TO turn Leyden around and
take the gun from his pocket. Leyden
said, Are you an officer?' and gave
Richardson the gun. He told his broth
er, prior to the shooting. to get Mcleod. !
and sent him out and Anthony was not
present at the time Of the shooting. Ig
was the aggressor from the beginning.
was bent on trouble and on abusing
somebody and struck the wrong man.
CHARLES CoWULT.,
real estate agent of Missoula, was the
defense's first witness, Knew defendant
in Mlssoula about two and a half years. !
becoming acquainted in 1890, Leyden's
as a peaceable, quiet, law
abiding citizen was good.
On cross ss-exsmlnation, witness said
that he formerly ran the Exchange
saloon in Missoula, in which was faro
table. Does not remember whether
Leyden dealt for him or not.
CLARENCE Il. PRESCOTT,
city marshal Of Missoula from January,
1891, to May, 1895, knew Leyden in
where defendant dealt faro in
Senate and Exchange saloons. Not sure
that Cowell was one of the proprietors
of the Exchange when Leyden dealt
there, Leyden was a peculiar man; so
quiet that it WAS remar kabe; did not as.
sociate with anybody, like most sports.
Reputation as a peaceable citizen was
good
WILLIAM j, FOSTER,
OF Missoula, swore that Leyden's repu.
tation in Miss0ula as a peaceable, law
abiding citizen was good.
On cross-exam,uation, witness said he