The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-25

tain. On cross-examination the wit
ness said he diagnosed the case with
out an examination of the wound. He
judged partly from description and
partly from the mans general condi.
ton. his Inconsistencies and his par.
tial paralysis.
Edward Smith. a blacksmith, and Il
years a resident OF Montana. knew
IN defendant for Is years, first meeting
Baker In Nevada. During hts acquain-
lance he never knee Baker to have
trouble with anybody. He vas not
quarrelsome. but was sober and indus
trious. He had lived 10 months with
him as a roommate.
Daniel II. Mckenzie of 215 West Ca
lena street said he had known Mr.. Ba-
ker two and a half years and consid-
cred his reputation for peace and So
briefly as good. He worked with him
for three months.
Louis Zorn. a saloonkeeper at IS
South Main street. said he knew Cav
anaugh. He was a good man sober.
but mean and troublesome when drunk.
w. II. Pickering said that he has
known Baker for eight years and so
far as he knew his reputation was
p~eaceable. Baker worked for him as
a carpenter about two months. and
during that time he was law-abiding
and sober.
T.. II. Tracey. a restaurant keeper
at 2s s. Main street. said Cavanaugh
used to eat at his restaurant occasion
ally. His reputation for peace and
quiet was good. He never had any
trouble with him.
die you not make a statement to
me last week to the contrary" asked
Mr.. Marsh.
mo. You shanghaied me into this
aaaA and \ 1lAs.ss ~nas a. az
ness in this case"
The witness denied tina he stated
In the presence of Bert Marsh. u. T.
Cason and Louis Zorn that Cavan-
augh was quarrelsome and abusive.
X. ]. Walker, city license collector,
said he knew Thomas Cavanaugh all
his life His general reputation for
peace and quiet was all right, so far
as he knew. This was also a witness
for the defendant who turned out to
be for the state. N no further ques-
lions were asked him.
Richard Baker. the defendant. Their
took the stand. He said:
Il reside on East Silver street. I
have resided there about 10 months.
Edward Smith resided in the same
building. I was in the cabin on Sept.
IL. ! did not know Thomas Cavan-
augh n never saw him before In my
life. on that morning at 5 minutes
past Z o'clock I woke up and saw Cav
there. My partner. Smith.
gets up about 8 o'clock in the morning
and he had got up and went up town
to get his breakfast. When I woke
up i saw that the outside door was
open. I got up with the intention Of
shutting the door and going back 10
bed. I saw Cavanaugh sitting in a
chair in the kitchen. 1 looked at him
for a moment and then went back and
put on my clothes. Then I came out
to get my hat. There were two hats
on the table. As / picked up my nat
I saw a dish here there had been
tomatoes n some one had eaten them
Then I took the other hat and
put IL on the mans head and told
him to get up and get out. He made
answer. I shook him and ne still
to get up. Then ] pulled him
He got up and walked to the
door and shut IL and said. You s.
doubled up his fists and made a lunge
me. I made several efforts to get
out OF the door. but could not do so.
I was much frightened. He struck at
me. He was much bigger than me.
I warded of the blow and stepped
back. He followed me up and struck
again and I lodged 1t. Then I got
past him n got TO the door. 1 got
the door partly open when he caught
TO me. I saw the ak in the corner
by the door / took hold of the AK
with my right hand. i gave him a
shaving blow with the AK I'm the head.
I hit him with all my might. II was
my only chance. He staggered back
against the table, but did o fall.
then told him to get up and get out.
started To go out, but his feet slip
ped and he fell. Then / told him. You
scoundrel. you come into
another mans house 20 murder him
and now you get out of here or I'll
you He got up and / went out
Then I went for a policeman. but
see any,. I was told that the
on the eat was at break
fast. 1 went back to the cabin and
the nan was gone. / concluded not
to have him arrested"
ON cross-examination Mr.. Baker
said he did not think Cavanaugh was
asleep or drunk when he found him
the chair. He didn't chase him
the room like Q drunken man.
was not armed. He show
ed no weapon and made no move to get
a weapon He did not try to get teh
There was a knife on the table,
weapon. He did not try to get the
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