Great Falls weekly tribune., 1896-03-06

lOCAtlOn OF the IADle ana Cnalr. Al
times his answers we're 90 inaudible that
the court had to admonish him to speak
louder.
WILLIAM SMITH
was then called. He recited what he
saw Immediately prior to and including
the tragedy. He heard Leyden say,
"rake the man away" The deceased
had not been ut the table minute when
the first shot was fired. He saw no ex-
change of blows, but sort of pulling
and hauling between the two when the
deceased grabbed Leyden by the wrist.
He corroborated former witnesses about
the men falling as the second shot was
fired. Admitted he did not remain after
shooting commenced.
On cross examination, he said he heard
Ilg call defendant vile name and also
ask for a gun. He demonstrated the
manner in which Zig grabbed Leyden
around the wrist; also located the posi-.
ton of the table and was positive that
the deceased was coming behind the
table when Leyden arose and told him
to go away.
JAMCo Foho1 uEs
another miner, had lived in Belt 13
months, but knew neither the accused
nor the deceased. His testimony was
practically the same as that of preced-
ing witnesses as to the events leading up
to the shooting. He heard Ilg cay
something about having been cheated.
He testified that as Leyden fired the
first shot he jerked the accused, whom
he WAS holding by the wrist. Ilg pushed
or struck at Leyden just as the second
shot was fired. Defendant was in a
partly reclining position when he fired
the final shot. His cross examination
brought out nothing new.
JOSE MARTINI
swore he knew neither of the men. His
story was largely similar to tnat Of the
preceding witnesses. He told what he
saw of the striking with the pistol, the
dead mans efforts to procure weapon,
and the shooting.
that he had been confined in jail
having been unable to procure bail
He had been at Belt and in Montana
but few days when the shooting occur
red. The county attorney objected to a
question as to how witness made the
"trip from Havre to Great Falls when he
first came to the state, asserting counsel
for the defense was seeking to impeach
witness testimony, because the latter
was so unfortunate as to be poor.
Poverty is no mans shame" retorted
Mr.. Wallace There was visible ripple
of applause from the spectators, which
called forth stern look from the court
a minute later an idle reply of the wit
ness struck the spectators as being
funny and the laughter became SO gen.
eral that the judge sternly rebuked them
"A repetition of such conduct and this
court room will be cleared" said he.
You are not permitted in here for,
Defendants counsel
handled Martini without gloves, making
him tell something of his history from
the time he left the island of Madeira Ii
years ago, including the trip to Great
Falls in a box car. He denied that he
was in a saloon on the ''fiat" at the time
Of the shooting, or that he made the
statement that his incarceration in the
county Jail until after this case was fin
shed gave him ''a nice, fat job for the
winter.
The Leyden murder trial will probably
lot be concluded before Saturday even
ng. 1t was announced Thursday that
he defendant will testify in his own
behalf.
When court convened yesterday morn
ng
WILLIE o'NhAL.
'ged lG years, testified for the prosecu-
ion. His evidence was about the same
Is that of other eye witnesses to the
ragedy, but he swore that Ig. when
tauding behind the stove, extended his
Irm. with index ringer extended, toward
icy den, and made "a clicking sound with
,rs tongue; that when ilg walked from
be stove toward Leyden, he was smiling;
md that Leyde jumped out at liz.
JOHN BLooMQuIST
O'N4al On cross. .exami-
nation, be admitted that after the shoot
ny began he was not locking at the com
)atants, but was looking for some place
o get OUT
1.-The state rests" said County Atty.
freeman at l0:3O d. m., and Atty. Leslie
.Tose and stated what the defense eX
1ected to prove.
He said that they would chow that the
defendant, a man of about 81 years of
4ge, of weak physical calIber, came TO
Montana in 1890 and had resided in Mis-
oua, Butte, Helena, Belt and Great
'alls. During the entire period of his
esldence in this state, and during all
lis life, so far as known, no man, within
he limits of Montana or elsewhere, had
,ver borne or now bears better
character as peaceable, law. abiding
:itizen than Leyden. AT the outset the
iefense would bring witnesses from
Butte, Missoula and Anaconda, by whom
hey could show that Leyden had always
lad the utmost regard for the laws. The
lefense will not attempt to deny that
4eyden fired three shots. at least one of
which inflicted fatal wound Will
how that Leyden was prosecuting his
business quietly and peacefully and had
10 desire to collide with llg or anyone
lse. Belt, few years ago, was a col
AZ