The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-04
POSTPONED TILL MONDAY
Continuance Granted in Joseph
Heslop's Preliminary Trial.
REQUEST WAS RESISTED
Attorney for the Defense Argued in OPP
position to the Postponing of the
Cese-An Enormous Crowd
in Attendance.

q The preliminary examination OF Jo-
seph Heslop for stabbing Ed Burns,
which had been set for 7 o'clock last
evening, was postponed until 10 O'Clock
next Monday morning at the request OF
the county attorney.
Long before Z o'clock came the court
room of Judge Fitzgerald at the city
hall was crowded to suffocation by the
friends of both parties concerned in the
case. The greatest interest was mani
tested in the proceedings. 1t was some
time after the hour set for the hearing
before Judge Fitzgerald arrived and
took his seat upon the platform.
As soon as the court was called TO
order County Attorney Trippet moved
that the preliminary hearing be post
poned until next Monday. The grounds
upon which Mr.. Trippet based his re-
quest were that his office had been I'M
able to have in attendance certain wit
nesses who would give material testi-
mony in the case. There were eight or
these missing witnesses, whose presence
the prosecution deemed OF the utmost
Importance. One of these witnesses Is
Lewis Crook, who is now ~quarantined
at the smallpox hospital. The county
health officer had informed Mr.. Trip
pet hat Crook would be released from
quarantine by next Saturday. Another
absent witness is Deputy Sheriff Nc
Guinness, who is somewhere in the
northern part of the county.
w. b. Rodgers, attorney for the de-
Tense, resisted the request of the state
for a postponement. He charged that
the prosecution had been negligent in
not serving it's witnesses with subpoe-
macs, as he claimed there had been
plenty of time i'm which to secure their
presence in court. He referred to the
odium cast upon his client by reason of
the existing charge, and said that he
ought to have an immediate opportu-
nifty to clear himself.
The court, upon conclusion OF the ar
guments. said that he did not see any
reason why a -postponement should not
be granted. He did not think ii would
work a hardship upon the defendant,
and he therefore announced that he
would set the preliminary for 10 o'clock
on next Monday morning, at which time
all the witnesses are to be on hand.
The crime with which Heslop is
charged is that of assault with intent
TO kill. on June rs, while at work in an
engine room at the smelters, Heslop
and Burns became involved in a quar-
rel, the result of which was that Hes
lop stabbed Burns in the breast with a
knife. Burns was at first believed to
have been fatally injured, and lay at
the hospital for days lowering between
life and death.
The defense will probably be self
defense. as Heslop claims that Burns
struck him first. once with his fist and
again with an iron bar. Burns claims
that he did not strike Heslop with the
bar until after he had been stabbed.
Both men are well known in the city
and have a great number of friends.
The examination will no doubt be at
tended by a large number of people,
as the case has aroused more interest
tina any that has been on trial for a
long time.
The state is represented by County
Attorney Trippet and Assistant County
Attorney Self. w. 3. Rodgers and j.
NJ. Simpson are counsel for the defense.