Great Falls weekly tribune., 1896-09-18
DEFENDANT THIS MORNING.
William Mcmillan Will Testify In His
Own Behalf.

Own Behalf.
The trial of the case of the State OF
Montana vs. William Mcmillan, charged
with rape, occupied the district court all
day Friday.
The state examined seven witnesses,
the testimony of all tending to corrobor-
ate the testimony Of the prosecutrix, lit
tie Mary Augustine At $50 p. m. the
state rested and Attorney George II.
Stanton, for the defense, stated that the
defense would show that the case is one
of persecution rather than of prosecu-
ton, explaining that he did not mean to
insinuate that the prosecuting officials
were cognizant OF the persecution; and
said that the evidence would show that
there was some secret motive, as yet un-
known, but which, he believed, the tes-
timony would develop, that actuated
those who brought the charge against
tho defendant.
The first witness for the defense was
MINNIE M'MILLAN,
wife Of the defendant. She testified
confidently and was apparently self-pos-
sessed.
After few preliminary questions and
answers, she continued: l have known
the Aug gustine family for about five
years and have been on friendly terms
with them; Sunday evening" the day be-
fore the alleged assault, Mrs. Augustine
and Mary we're at our house for dinner;
when Mrs. Augustine started to leave,
Mary held back, and l asked her IL che
wanted to stay all night with US; she
said she did, but her mother objected,
saying that Mary's clothes were not
clean; finally Mrs. Augustine consented
that Mary should stay; we retired about
8 p. M; Mary slept on cot at the foot
Of the bed occupied by my husband, son
and myself; l saw nor heard nothing
during the night that attracted my at
tention; in the morning, when Mary
arose, she washed and then breakfasted; !;
did not arise until late, as l was sick;
Mary slept in shirt which had given
her; she left her clothes on the floor, be-
side the cot; l saw no blood in the room
in the morning; during the morning,
Mary climbed onto the roof of the barn,
to see the pigeons; then she swung for
some time, climbed up rope to the top
of the haystack and played around all
morning; Mary's skirt was greasy and
when she arose in the morning | gave
her another to put on, telling her that I
would wash hers, and l did wash it
about 11:30 a. M, having waited until
other work WAS completed; at noon l
told my husband and Nye Conner that
the little girl had been crying all morn.
ing to see frankie, her little brother
my husband told her that frankie was
in Great Falls, or he would take hel
home.
Cross examined, she said: Sunday
morning, Mary was sitting on one bank
Of the river, talking to my little boy
who was on the other; my husband tolc
me that he thought Mary wanted to
come over and play with the little boy
1 walked toward the river and asked bel
il she wanted to come over; she said she
did, and my husband took the canoe anc
brought her over; in the evening bel
mother and brother came over to dinner
when I washed the skirt, washed it II
cold water; it was greasy; do not thinl
that ! washed Mary's shirt; l had no
seen Mary crying prior to noon Monday
it was between 1:3O and 9 p m. tina
Mary returned home.
MRS. MARY BRIGGS,
neighbor of the Augustines, who ha'
had quarrels with Mrs. Augustine, tes
titled that the reputation of Mrs. Angus
tine and Mary for truth and veracit,
was bad in the community in which thel
reside.
| lap,, TpRT r,,l1t nj
Charged In the Information.
In the district court Saturday testi
mony in the trial Of the case of the State
Of Montana vs. William Mcmillan wal
concluded at noon. At p. m. Assistan
County Attorney Sam Stephenson
opened the arguments. He WIS fol
lowed by G. H. Stanton for the defens'
and County Attorney Freeman closed.
| At 5 r. m. the jury retired and at
p. m. returned verdict Of guilty. Nc
MILAN was remanded to custody, to re
ceive sentence at 9:30 q. m. Tuesday.
The next case on the calendar is tina
o! the State vs. Joseph Matthews
charged with having in his possession
counterfeit coin with intent to pass ant
utter the same.
The suit Of F. M. McQuivey We. j. o
Gregg and A. K. Barbour was dismissed
as to Gregg and continued for the tern
as to Barbour.
The suit OF w. L. Turner vs. the Bea
Park Mining Company was placed or
the calendar.