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

the defendant. between frequent nerv-
Qua cougho. said he was - years Of
are. weighed 15s or 160 pounds and was
FIVE feet seven inches In height. He trs-
tined that DAILY came to beard at the
Duggan house about the time he went
there to tend bar. On Feb. %. the day
Of the killing. he first saw Daily about
3 O'Clock in the afternoon. when ne
came after . can of beer and a pint of
whiskey. Five minutes later he came
back for another can and pint. and
Works gave IL to him. but told him his
bill was getting pretty large I'M DAILY
called him a and asked
him why he did not quit the house.
what else did ne say?"
well. he called me those names
again."
what did you dor
II walked away."
What time OF day was it,"
About Z o'clock"
About I o'clock" asked Mr.. Cot
ter.
well. between 3 and 4 o'clock said
the witness. remembering that ne had
once said IL was only about Ave min
utes after 3 o'clock.
The witness said the next he saw of
DAILY was when he came in with Cos
tello and Ryan for a drink. and Daily
asked for his bill. Works gave him a
bill up to Feb. IS. and handed him the
book containing the remainder of his
account. and DAILY tore the leaf out OF
the book. He afterwards asked for a
drink and inquired II he was good for
II. and Works told him he IA not.
Then what did he do?"
He said he would pull me owe the
bar and throw me out. or something
like that. and also called me names"
What did he call you?'
uI~ .AnA -AA
eddy"
Works said that after he had refused
DAILY a drink. DAILY asked him what ne
would do when he got out of the sa-
loon business. and Works said ne would
go back to work I'm the mines. DAILY
said "You'l have to walk out Of
town."
Works testimony on direct examina-
ton was as follows:
DAILY was mean n ross as he al
way was when drunk. He said he
would get a drink. IL I would give IL to
him or not. He ran around the end of
the bar and came for me. 1t looked
as II he might carry out his threats.
He looked angry. When he came with
in reach of me l got my gun. /
thought il would scare him away. He
got hold of my shoulder. He was about
two feet away when l reached for my
gun. 1 don't remember that he said
anything at that time. He threw me
backwards. thought he wanted to
throw me down, N ] shot him. I
thought, when I got the gun that he
would go back"
you were in danger at the time o got
the gum
Yes sir. I did. l never had any idea
of shooting. l thought he would go
back when he saw the gum"
AT the moment that you discharged
the gun. did you or did you not fear
hat your life was in danger. or that
you would receive great bodily in
jury?"
Il was in fear OF my life. He was a
very powerful man. and was trying To
push me down"
Works said that after he had fired
the two shots. DAILY had him clear
over backwards" and then Brennan
came up and caught holi II him. too,
the gun away from him and escorted
him low town and turned him over 70
a policeman. Works said DAILY tore his
shirt inc collar and scratched his neck.
After some urging questions by Mr..
Cotter regarding his physical condition
at the time of the trouble. the defend
ant said his left arm was a little weak
from h effects of an injury he had re-
ceived in a mine some time before. He
said he had trouble with DAILY about a
month before. He refused DAILY a drink
and DAILY pulled him out from behind
the bar. The defendant denied that ne
had ever said to the witness Clark that
he would Kill DAILY. The Duggan house
account book was introduced in evil
dence to show that Clark was not stop
ping at the house at the time he testi-
fed to.
On cross-examination by Mr.. Con.
molly, the defendant said that when hs
gave the gun to he was in q
sitting position" and DAILY had hold
IF him and was lying partly on his
(Works') legs. Before the troubl,
started DAILY said he intended to leave
the house and wanted his bill. The de,
PENDANT couldn't say whether he wa,
angry or not when DAILY tore the lea
out of the book. IL was after that tina
he refused to give DAILY a drink. and
DAILY said he would see about 1t. ant
that he had thrown bigger men owe
the bar than Works was. and woul,
treat him the same way.
DAILY was repeatedly calling him la,
names and aid that he would see tina
he never worked another day in tn
mines.
And you aid nothing at ALL"
II did not nah an angry reply"
course you did not, but as a fac
were you angry?
II don't know"
What did you say?"
II tried To pacify him and get him {
stop his talking
You say ne sal he'd get a drinl
whether you gave 1t to him or not?"
Yes. sir"
What made you think then that h
was coming for you instead of comm
TO get a drink himself?"
Il judged from his threat and &C
tons"
What threat?"-
That he would throw me over tn
bar"
why did you get the gum"
ITO intimidate him."
Then you shot him because yor
thought he would get the CUR ava.
from your"
Yes, sir"
You made no effort to get ava,
from him; you stood your ground%'
Yes. sir"
You could have escaped from tn