The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-21
WORKS TELLS MS STORY
The Defendant In the Murder
Trial Takes the Stand.
Mr.. DALYS LITTLE JAG
The Prisoner 1t the Bar Was Behind
b Bar When Daily Came Around
Too-Works Then Began an
Armed Inter vontion.

80 ~ y " ~
murder Of Edward Daily will probably
be concluded to-day. The testimony to
be furnished this morning is only re-
buttal to the testimony for the defense.
The defendant was on the stand yester-
day afternoon and to those who heard
his story there could not have appear
ed q remarkably strong excuse for kill
ing.
When the trial was esumed yester-
day morning Judge Clancy stated hat
the prosecution already had six wit
nesses to testify to the killing and he
thought that was the limit allowed by
law The court had previously extend
ed the limit for the defense, and the
judges remarks were evidently q sur
prise to the prosecuting attorneys. for
Mr.. Connolly. In reply. called his at
tention to the fact that the law required
the state to produce all witnesses to the
homicide. and said the law limiting
witnesses did not apply to murder
cases. The court did not insist on the
position he had taken or II would have
shut out some Of the states most i'm
portant witnesses. Mr.. Connolly also
mentioned the fact that the state had
been unable to secure the service of a
subpoena on a young man named
Flynn, one of the witnesses for tho
prosecution. Mr.. Wines added that
Flynn was in town and could be found
without difficulty. as he had been i'm
the court room, and IL the state did not
subpoena him the defense would. Mr..
Wines co-counsel. Mr.. McClernan, con-
tradicted him by saying he had been il
formed that Flynn was trying to avoid
the service of the courts process and
he did not know that Flynn had been
in the court room.
Ed Costello was the first witness yes
terday morning and he testified that he
was in the Duggan house bar room at
the time OF the murder. He was stand
ing at the bar with Daily and John ID.
Ryan. They had a drink and DAILY and
Works. the bartender. had some dispute
about a board bill. DAILY asked for his
bill and Works said he did not have
time to give it to him.. DAILY insisted
on having it and Works gave him some
Kind of a statement. Then there was
some more talk and DAILY asked for an
other drink. but Works did not give II
to him, and DAILY inquired: Am 1 good
for the drinks here?' Works replied,
No. Works said, well. I'll see about
it, and then started to walk
around the end of the bar, and
Just as he got behind the bar Works
turned around and got a revolver out OF
a drawer and shot him twice. DAILY
was just reaching for Works with both
| hands when Works fired. DAILY backed
him up" but was sinking after the shots
were fired. His hold on Works Slipped
down until his hands had hold of the
murderer's legs. Daily had nothing il
his hands when he reached for Works
After the two shots had been fired q
man named Brennan ran up and tool
the gun SOay from Works and pulled
him back and DAILY fell on his face upor
the floor.
On cross-examination by Mr.. Wines
the witness said DAILY might have beer
a little bit mad al Works when talk
ing about the board. He asked Works
If he la said to some one that HI
CDaly) was running too large a bill. Hs
walked about II feet in going around
the bar before Works began shooting
and no word was spoken after Dial,
aid "IIl see about it,"
County Physician Siberian testified
that he made an examination of DAILY,
body before the inquest. He Gun tw,
bullet wounds on the right side of thu
chest, one about two inchess above thu
other. They passed through the RICH
border of the lung and one cut the larg'
artery of the body and death resultet
from hemorrhage. the chest cavity be
ing completely filed with blood. Thu
doctor had measured the body ans
found II to be 5 feet 10R inches tall, ant
weighed about $50 pounds.
Coroner Trembley testified about be
ing called to Duggan's boarding hous'
and about the position of the bod!
when he first saw il.
John D.. Clark. a miner employed a
the Ruby mine. was the next witness
and testified hat he had been &C
quainted with both DAILY and Works
and boarded at the Duggan house prio
to August Of last year.
.no voll know ANYTHING about threat
made by Works against the life o
Daly?"
Yes"
You may tell what It was"
He said I'll XII that -"
The witness was asked to tell the cir
cumstances Of the threat, and ne SAT-
he was walking away from the board
ing mousse and Works was followin,
about six feet behind. DAILY was walk
ing by with his lunch bucket an
Works said he was going to Kill
Il asked him whom he was going t
KILL" said Clark. q he said Daily"
On cross-examination Mr.. Cotter trie'
to show that Clark was u~nfriendly 4
Works, but the witness denied IL.
Have you not had . spite agains
him since he fired you from the Duggal
boarding house?"
mo. sir"
He lie fire you, did he not?"
Yes, sir"
You are a brother Of County Com
missioner Clark, I believer" asked Mi
Connolly.
Yes. sir"
Thomas Curran. the next witness. wa
In the saloon, but his attention was no
called to the trouble until he heard tw'
shots in rapid succession. He o NJ
and saw Daily and Works both behin'
the bar.
soon as ! heard bans, bang. ava,
I goes" said Curran.
He ran out of the saloon and did no
return until Works had been take
away. He then went in and saw tn
body Of Daily lying on the floor.
Nicholas Roman testified that n
heard the shots. and looking up say
the men behind the bar. DAILY had hi
hand on Works and then rai
49, LZKnHL