The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-21

w ~ S9a - W IL i
would prove. He aid It would bel
shown that Works was in fear and dan
ger OF great bodily harm from DAILY. |
and that the register of the Duggan !
house would be introduced to show that
the witness Clark wa not q boarder at
that house at the time he claimed to-
ave been there and heard Works
threaten Days life. Mr.. McClernan
said IL you'd also be shown that DAILY !
was a ma OF violent and vicious hab-
its and that Works was always a quiet
and p~eaccable man and acted solely In
self-defense when he shot DAILY.
Charles Lane. an architect. was the
FIRST witness for the defense. IN testi-
ned that he made an examination OF
h Duggan house saloon and made a
dra III OF the place and the various
objects In IL. The diagram was made
from actual measurements, he said. and
the objects were correctly and accu-
rately shown on the drawing. Mr..
Wines offered the diagram in evidence
and Mr.. Stapleton objected to IL on the
ground that II was not shown that the
room was in the same condition at the
time the drawing was made that 1t was
at the time of the murder. The OBJ
lection was overruled. the dra win was
admitted In evidence and Mr.. Lane then
proceeded to explain the location and
sizes Of the various objects In the sa-
loon.
George Webb. the next witness. tes-
tified that he was an engineer, but was
engaged in mining at present. He said
he was living at the Duggan house and
had known DAILY for about q month";
prior to the night OF the murder. Webb
was In the saloon about an u before
h shooting n saw DAILY there sew
eral times during the evening. and met
him outside the saloon md had q con-
are toAU Ur3th hfDn nA1 SasA XUnrkA
had made a mistake in his bill n that
ne was going down to settle 1t with him.
Webb told him he had getter go home
and go to bed, but DAILY said he was
going down to the saloon and settle the
bill. DAILY was neither drunk nor sober.
In what tone Of voice did he speak,
asked Mr.. Wines.
The court had sustained an objection
to an exactly similar question asked by
the state of a previous witness and Mr..
Stapleton objected to Mr.. Wines ques-
ton. The court overruled the objec-
ton and after several other questions on
the same subject. the witness finally
stated that DAILY appeared to be a little
angry"
Did he use any epithets in speaking
of Works."
An objection was sustained to the
leading question.
go on and tell" said Mr.. Wines.
The witness said DAILY had used no
! epithets.
Mr.. Wines asked another question of
a similar character and Mr.. Stapleton
objected on the ground that IL was
leading.
The gentleman don't know what a
leading question is" said Mr.. Wines.
| The court, however, sustained the OBJ
lection.
In answer to further questions, the
witness said he heard a conversation
| between DAILY and Works earlier in the
evening and DAILY. calling Works by
the name of Bob" said, If you'd go
down town and open a saloon none of
the boys would patronize you" In re-
ply to this terrible threat Works said
he did not intend to open a saloon down
| town. Webb also heard DAILY say to
Works hat he could go behind the bar
and throw Works out and help himself
to a drink as the same he had done
before" Webb also heard some other
man say that DAILY was a bad man
with a gun. but that statement, after
some argument by the attorneys, was
ordered stricken out by the court.
On cross-examination by Mr.. Con-
molly, the witness said he was no more
friendly TOWARD Works than he a
beer towards DAILY.
did you have n unfriendly feel
inRs toward Daly?"
mo. I don't believe there was a man
in the Duggan house who had any bad
feelings toward DAILY"
Webb was asked IL he had, in a con-
versation with the witness Ryan, said:
II j were you, j would not swear
against Works at ALL"
IT do not recollect," said Webb. Be-
ing asked for q direct answer, the wit
ness denied that he had had made such
a statement.
why did you advise DAILY to go
home and go to bed?" asked Mr.. Wines
on redirect.
We'll. Daily was a pretty good fell
low and I didn't want him to get in n
trouble.
Thomas Shields. a saloon keeper. tes-
titled that he had known Works for
several years and that his reputation
for peace and quiet was good.
. Mrs. Mary A. Ward. proprietress OF
the Duggan house. testified that Works
had been in her employ and told what
his duties were.
Sol Levy, the city jailer. testified
that he was on duty when Works was
brought in. He was without a hat: his
vest was open. n end of his collar
was unbuttoned. his shirt was slightly
torn on one side and he had a little
mark on his face.
On cross-examination Mr.. Connolly
asked Mr.. Levy IL he knew whether
Works clothing had been torn and dis
arranged by DAILY or by Brennan. who
pulled him away and arrested him. The
witness could not say.
Isaac Bechtel testified that Works
boarded with him at the Clarence no.
tel for some time and that he had a
rood reputation. Mr.. Bechtel had also
known DAILY and said he was inclined
to be quarrelsome.
On cross-examination the witness
said that all he knew about Works was
what he observed himself, and Mr..
Stapleton moved to strike out Bech-
tells testimony on IN ground that he
had shownh himself incompetent to tes-
tify as to the defendants reputation.
The court asked the witness q few
questions and argued with him on the
subject of reputation, after which the
objection of Mr.. Stapleton was over
ruled. The county attorney again
questioned the witness and the latter