The Anaconda standard., 1898-01-11


was anxious to arrange a maIcn with
Nose Lafontise. Mr.. Oles objected TO
the introduction of this part OF the eVl-
dence, but the court overruled the op-
lection on the ground that lt was part
of a conversation. MIR. Wiles then de-
scribed how King was dressed. and in
answer to questions said there were
some people in the rear of Cottonwood
hall, where audiences usually sat, and
that there were three hows of seats on
the stage.
Continuing, the witness said Wildman
announced that there would be 20
round "glove contest for points only.
and that If at the end of the Goth round
the referee was unable to render a de-
cision, the affair should proceed until
a decision could be rendered. In de-
scribing the rounds, Mr.. Wiles was very
minute. He said that in the first round
after some sparring Santry was
knocked down and the referee began
to count. Santry's seconds told him to
get up. and when the counting had
reach % or s. Santry got up and pro-
ceeded to finish the round
The second round, said Mr.. Wiles,
was started off by cautious sparring,"
to which term Mr.. Oles objected, and
the witness changed it to slow sparr-
ing. Asked as TO whether either of the
men had received any injuries he said
that Kings nose was bleeding and his
contact with the ropes. In the third
round, after some more sparring, San
try was struck on the chin, and fell
about three feet from where the wit
ness was standing. Santry first fell on
his knees and hands, then on his stom-
ach and then turned over on his back.
The witness. after Santry was counted
out and carried off, went into the dress
| ing-room with King.
On cross-examnation Mr.. 0les asked
| the witness whether, in his description
| of the exhibition, he had not oyerdraWn
the thing some. The question was OBJ
| jected to. The witness could not swear
| positively that Wildman rad not an
| nounced that the event would be a
/ boxing exhibition" No noise or dis
turbance OF any kind was present, and
neither of the men were seriously in
| jured
1t being Il o'clock the court addressed
the jury. cautioning the members not to
/ permit anyone to talk to them about
/ the case, and If anyone did speak to
them to call his attention To the fact
/ that they We're on the jury, and If the
person persisted in talking to them, it
1 was their duty to inform the court of
the matter Upon these conditions the
/ jury was allowed TO separate, and court
adjourned until o'clock.
Upon the reconvening or court Mr.
Oles made a motion for non-suit, and
i asked Ine dlSGnATSe bI IIlp. prisoner.
/ The ground taken by the defense was
that the state had failed to show that
| there had been any prize or reward Of
| fered for the contest, or that the affair
! had been premeditated or that there
/ had been any strife or contention. He
/ cited a decision of the Michigan su-
preme court. Mr.. Trippet for the state
! contended that a prize fight or a ring
] fight was of a necessity premeditated
affair. The court overruled the motion
/ for a non-suit and gave his reasons
therefor.
The defense then made its opening
statement to the jury and called Frank
Conley, who testified tnat he was
mayor of the city of Deer Lodge: that
i he occasionally visited the Owl Athletic
club; that he was there at the time of
| the entertainment on the night of Nov.
II.
Did you have anything to do with
| the arranging of the exhibition
| Il gave a permit for the boxing exhi-
bition."
Mr. Trippet entered an objection that
| the testimony relating To the permit
was immaterlal and thar the permit of
a mayor could not legalize an unlawful
act. Mr.. Conley said he did not know
| how these men came to Deer Lodge; he
didn't know anything about d reward
or prize Wildman, the announcer. had
stated that it would be a boxing exhibi-
1 tion.
Thomas McTague. also of Deer Lodge.
said he had received an invitation TO
attend the exhibition and he attended
as a spectator Further than that lie
! knew nothing about 1t. In answer to
questions. he said that the referee had
| stated that If no decision was rendered
at the end Of the Goth round the match
would be declared a draw. He saw
no evidences of bruises upon the person
of either of the two men.
Alexander Brown, a member of the
Owl club, was then called. He said
! that the club had issued invitations to
the affair and that no one was per-
| mitted to enter without having an inVi-
/ tation. s-eXamined by Mr. Irippet,
/ he said that he was the referee of the
contest. There had been no guarantee
made to the men of any sum, so far as
he knew; he didn't know they had been
/ given anything. Asked If it was not a
| fact that there had been an under
/ standing that if there was anything
| left after the expenses We're paid, the
men We're to get what WAS left, he said
| he didn't know: not through him. The
i organization had no secretary that he
i knew of.
Ed Santry, or Bert Reed, was then
brought from Jail to give testimony.
The court explained his rights to him,
| stating that he also was charged with
a felony and told him that he need not
/
| nate himself. He came to Anaconda
about the latter part of September He
| first met King at Big Sandy. Mont. He
was asked whether or not he mad pre-
| pared to give an exhibition in Evans
opera house. just prior 10 the contest
at Deer Lodge Santry's attorney, Mr..
| Duffy, said that he would advise his
| client not to answer the question. and
| he accordingly refused to do SO. lie
was then excused.
| Ed McGoNern Was sworn. He had
something to do with the exhibition
at Evans opera house. Part of the
programme arranged for that occasion
had been carried out, but wnsn II came
time for King and santry to go on.
the police stopped the affair McGoX-
! ern said he did not go to Deer Lodge
for the express purpose or arranging
for pulling off the contest a that place,
but had gone there to see A sick FREUD.
While there, he did. however make ar
rangements with the owl Athletic club
for a boxing exhibition.