The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-22
THE JURY IS STILL OUT
It Holds in tn Hands the Fate
of Robert Works.
OFFERED LITTLE EXCUSE
His Defense Put In Small Justification
for His Murder Of Edward Daiy-A
Conviction Would Re Some
what Surprising.

murder of Edward Daily was concluded
yesterday. and the case IL in the hands
Of the jury. The latter retired to de-
liberate on a verdict about 4:so O'Clock
yesterday. and at 3 o'clock this morn
ing they were still out. While Works
defense offered very little excuse or
justification for the murder, yet IL
would be somewhat surprising IL he
should be convicted. in view of various
circumstances attending the trial. The
numerous able counsel he had were so
many safeguards" thrown around him.
The first witness in rebuttaI was Ed
Costello. and he was asked IL he heard.
as Works had stated. that DAILY had
called Works vile names and had
threatened to throw him over the bar.
An objection was mad to the question
and was sustained by the court.
Maurice Flynn. the young witness
who, for several days, avoided service
stand. and he was asked IL he was
present in the Duggan house barroom
at the time of the murder. The de-
tense entered a vigorous objection on
h ground that the testimony, sought
to be brought out, was par of the
states case in chief. Mr.. Connolly said
ne would assume h responsibility for
sooner, but stated that he wanted to
ask him but two questions to rebut
certain statements made by Works
when on the stand. The court over
ruled the objection and Mr.. Connolly
asked another question.
State. II you know. why DAILY went
behind the bar. Judging from his action
and appearance?"
Another objection was made and sus-
tanned. Mr.. Connolly said he under
stood thai ii was very important for
h defense to keep out the testi-
mony.
state whether or not DAILY went be-
hind the bar to get a drink" said Mr..
Connolly.
Another objection was sustained and
the witness was excused.
H. H. Smith, a reporter for the Miner.
was the next witness, and testified that
he had had an interview with Works
at the city Jail Immediately after his
arrest, N Works told him that he
started to run when Daily came behind
the bar. and he saw a revolver lying
behind the bar and picked it up n
fired.
On cross-examination Mr.. Cotter
tried to bring out the whole interview,
but the court sustained an objection
to it.
Did he say ne picked up the revolt
yer to scare Daly?"
mo-"
did he say what his intention
was?"
mo"
did he say what Daily said?'
HE said that before that time DAILY
bad threatened to throw him out from
the bar"
Mr.. Connolly offered the Duggan
house register in evidence to show the
fact that the witness Clark had been
stopping at that house.
John d. Ryan vas recalled and tes-
titled that Webb, one Of the defendants
witnesses, had told him, shortly after
the murder. ne to appear against
Works.
Pat Daily. the next witness, was
called to testify concerning the reputa-
ing testimony against him. showing
that he has been a very handy man
with a gun. In answer to the usua
question as to reputation, DAILY said
Works reputation for peace and quiet
was bad.
On cross-examination Mr.. Cote. led
the witness to maxi some damaging
statements. He was asked II he u
ever heard any m discuss Works
reputation. and he named some n
who called him a - - and thief.
Mr.. Cotter asked a few more questions
and DAILY said that n day last Sep
TENDER Works took a couple Of shots
at him and a man named McGarvy.
you don't like Works. do you?"
Mo- frankly said the witness. II
don't like a man who shoots at another
for nothing"
Mr.. Connolly tried to question DAILY
further On the matters brought u by
Mr.. Cotter. but the court came to the
rescue Of the defense. although h de-
PENDANTS attorneys had offered no OBJ
lection to Mr.. Connolly's question.
Stop" said the court. "Y,i can't go
into that"
I'VE certainly have a righ. to e.
anime on the matters brought cut by
the other side" replied Mr.. Connolly.
mo, you can't. You nave asked ycur
question and that ended it,"
We'll, we'll take an exception"
you can have exceptions to your
souls content"
we simply ask for our rights ard
insist on having Them" replied Mr..
Connolly.
you called your witness and asked
the question:" the crurt said.
The court has ruled ana 1 don rare
to discuss it," and NJ. Connolly, and
the incident was closed.
The witness was excused and James
Brennan was recalled TO contradict 80.
statement made by Works tina; nc did
not try to snat.:h the rcvUlvrr fro,n
Brennan after the latter a taken *
from him, but he court sustained an
objection to the testimony N Brennan
was excused AMI the state announced
the close of its case.
The arguments were Immediately
taken up at the conclusion Of the tes-
timony, about 1918 o'clock yesterday
morning. County Attorney Stapleton
made a very brief opening argument
and reviewed some Of the testimony.
He said the evidence all went to show
that Edward DAILY was q big, good
ratured boy. and that when Works
refused him a drink. he started behird
the bar to get a drink. as he had one
before. As he went to help himself.
Works, cold blooded. waited for him
and premeditatedly and with malice.
shot him down. Mr.. Stapleton said
Works was the best witness for the