Great Falls weekly tribune., 1896-03-13

The defense has four more witnesses.
After the examination of these witnesses
the state will offer rebuttal testimony,
arguments will be made, the court will
give his charge and the case will be
finally submitted to the jury.
When the district court convened Sat
urdHy morning for the sixth day of the
Lcydcn murder trial, the defense called
JOSE MAKTlNl,
who offered an explanation Of an alleged
conflict between the evidence which Ia c
gave at the bail hearing and his evil
ocncc in the present trial.
LOUIS LAvELLIE,
q French Canadian testified through
an interpreter, Attorney L. Il. Brady,
| His evidence was, in the main, corrob0r
ativn. When liz walked from the stove
toward ieyden, the former was clapping
his hands together. Zig did not have a
revolver while standing by the stove.
Witness was subpmnacd by the state.
DUNCAN M'LEoD,
deputy sheriff, was called, Attorney
Wallace stating that he desired to i'm
| JtdtI w ulluCt IIDlIl'lhll > ltSLlhiplly w
this witness, but Mr.. Wallace was disap
pointed. Witness sworc that he did not
understand Leyden to say to Hoffman
that he Leyden) knew that llg had no
gun. That was satisfactory to Mr..
Wallace and he dropped the wit
ness, but on cross examination witness
said that he heard very little of the con
vereation; paid little attention to what
was said; could not repeat any of the
conversation; witness hearing in one ear
is gone, since witness was shot; I4eyden
might have talked as quoted and wit
ness not heard what he said.
HANS GARsEY,
a gambler, who was discharged from the
United States army in 1889 and has been
gambling since, sWore that Martini WAS
in John Russett's saloon, on the fiat, at
the time of the shooting. Cross exam
ined, witness admitted that he had gam.
bled since 1889, neither owning nor deal
ing II game; has not worked since Nov
10, 1898; WAS in court room at the bail
hearing; had worked once for +. t.
Simons; did not know who was in Rus
sett's saloon, except Martini and Simons;
did not know positively what time he
saw Martini there; could not remember
how Martin, was dressed in any particu.
lar; did not remember whether or not hE
ate in = restaurant to which he went
about tho time uf the ehnoting. On re
; direct examination, said he remembered
Martini by his face and language,
j. Il, LESLIE
} represented I4eyden at the bail hearing
Did not then know of the existence o
. Martini or Garaey; hence, did not cal
them as witnesses at that time.
FRANK e. sIMoN5,
. gambler Of Butte, who was dealing
faro in Russctt's December >, corrobor
ated Garsey. Cross examined, said h
lived in Spokane little over two year
ago denied he was the s,imons who sho
g q man there; was in court room at Tia
bail he; ring, last Tuesday asked Free
a man - be permitted to remain in tn
court Dom, stating that he was from
=, Butte and knew nothing about the case
;, ald WIS to testify as to Leydcn's repu
:, tation: could describe Martini'a Goa
ia only.
! ROBERT JOHNSON,
. who said that he was cook and after
wards admitted that he was tin-horr
y hanging around Johnson's beer ha
!. when in Great Falls, gave some corrob,
rative testimony, but only as to Ilg
"a acts prior to the shooting. When II
10 was standing by the stove, he extende
Il his hands as if aiming gun, but ha
a. no gun in his hand.
n Shortly after the noon recess, the d.
n fendant,
Il STEPHEN LEYDEN,
r took the stand. Ia 81 years old; born
Ireland; came to America, with h
parents, when or 5 years old; paren
now live in Milwaukee; sister lives wit
id them; a brother and sister live in Phi
10 ibsburg; another brother Anthony Pa
~ rick Leyden, is now in Great Fails; wi
rs ness came to Montana in Decembe
Il 1880; has lived in Missoula, Butte, Grai
Al I'alls, Dillon, Belt, Helena and kaiispel
y also in Spokane and Wenatchee, Wash
p since 1889, his absence from Moutar
has not aggregated three months; weigh
ia pounde; height, feet, s inche
n went to Belt oct IT. 1888; brother, Al
b, tbony, arrived there about two weeks b
;" fore this Lpleasantness took paC
10 witness il addicted to the use of ueith
10 intoEicants nor tobacco; lungs are wea
IL aud has slways exercised for his heatI
D, owned d revolver since 1856. never Gu
"a rlrt 1t, except whom carrying mon,
e. from bus sleeping apartments; wac neVe
a5 PRIOR TO Dec =, in any row 10 spec
Of; Dec, ,, while at tho lune
ID counter in Johnson's, saw llg fl
n the first timo; Ilg was abusir
re Dwyer and 'squaring OFF, at the wa
IIg was not staggering in any manne
llg soon walked over to Anthony Le
~ den, after witness had gone over to Il
"' faro table; Anthony was keeping case
he lIg told Anthony that he (Anthony) d
he not know how to bet, he could not W
I'd any money; Ig sat down on stool al
on began to strike the table frequentl
n he said he would bet "a to on the 81
on spot, but put up no money; witness pa
se no attention to him; suddenly he grabb'