The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-24

onered- MI. tnen asked TOT
and was granted permission to reopen
the states case to Introduce further
testimony regarding the letters the
prosecuting witness received from Ma
honey while she was In Jail. Edith
Sommers. the notorious. was called as
a witness and testified that she received
| the letter which was lowered from the
mems department by a string and was
taken in through the window. SOM
mers handed the letter to Nellie Cor
bett. for whom IL was intended.
Pete Walsh, one of the county 5ailers.
testified that Mahoney and the Corbett
girl were in Jail at that time Ind that
Mahoney occupied a cell over that &C.
cupied by the women Corbett and Som
mers. After introducing some records
in the case as evidence the state again
announced its Ease closed.
Miles Cavanaugh made a statement
to the jury in behalf OF the defense and
said they would prove that the charge
against Mahoney was wholly false n
that IL was impossible for him to COM
init the crime at the particular time al
legged In the information. In other
words. Mr.. C~avanaugh informed the
jury that they would prove an abb
for Mahoney.
The first witness for the defense was
Ernest Hardcastle. deputy clerk OF the
courts. who produced a certificate to
sho the marriage OF Mike Farrell n
Della Hosty at VAUDEVILLE on the 5th
OF January, 1897. The certificate was
introduced In evidence for the purpose
Of fixing a date from which to estab-
lish the alibi, the witnesses dating all
ven from that marriage.
Mrs. Mahoney. wife OF the defend
ant. testified that on Christmas night.
1896. the time when her husband was
alleged to have attempted the first as
Sattlf ,n tho Cfrl ha SnQnf tho WhOlQ
evening at home and wore a brown
sweater Nellie Corbett visited the Ma
honey home a few days after that. Ma
honey. said the witness, attended the
Farreli-Hosty wedding on Jan. 5. The
Sunday following was the 10th of Janu-
airy. the day on which the alleged as
sault was Committed. n Mrs. Ma
honey testified that she had her hus-
band under her eye all day and night.
Mrs. Mahoney did not see the scratches
on her husbands face which the Cor
bett girl was alleged to have inflicted.
The witness aid Nellie Corbett never
complained to her and told her
that Mahoney had committed a crimi-
nal assault on her.
On cross-examination Mr.. Connolly
asked Mrs. Mahoney II IL was not on
her own solicitation and on data fur
nished by herself hat the complaint
was issued against her husband n
the date fixed on which the crime was
alleged to have been committed.
Il didn't know" h replied; Il
heard rumors."
Were you not so anxious to have
him prosecuted that you wanted to
have him sent to the penitentiary for
SO years without n triaI?"
II did II II was proven on him."
Mrs. Mahoney said she was excited
at the interview she had with the u
~ atfnrnav md didn't NOW rpmemhQr
all she did say.
Did / not tell you at that time that
II your husband was arrested you
would change your mind and refuse to
prosecute him. N you replied that
you would not n that he should be
sent to the penitentiary because he was
guilty?"
II said ] heard rumors.'' was Mrs.
Mahoney's reply.
William Mahoney. a 1~5-year-old son
of the defendant. also said his father
was 1T home on the 10th of January.
1897, and played casino with his mother.
The Kid had dates down pat and said
he also attended the Farreli-Hosty we'd
ding, and knew IL took place on Tues
day, Jan. s. 1897. n that the 10th was
fve days later, on Sunday. He said he
also attended n wedding at Boulder
when ne was but 8 years OF age. II
was younger then than / am now" he
said.
John Lesson gave some alibi testi-
mony. He said he was at the Ma
honey home on the 10th of January.
In the evening. and they talked about
the Corbett-Fitzsimmons fight.
Mahoney, the defendant. was put on
the stand and testified that he had
been married for II years and had been
in Jail for five months. He had known
Nellie Corbett for three years and de-
.t.l that ha had affannntal IN assault
her on Christmas night. 1896, or that
he assaulted her on the 10th of the fol-
lowing January. Mahoney denied that
Nellie Corbett had scratched him or
thats he old his wife that a rock had
fallen on him. and he denied he had
Ever been criminally intimate with her.
You say such a him never oc-
curred?" asked Mr.. Connolly on cross
examination.
Some OF the facts may exist" said
Mahoney after a long hesitation.
Mr.. Connolly asked another question
on the same point, but Mr.. Campbell
saved the witness by an objection. and
the court ruled that Mahoney could
not be examined on anything except the
one act Of Jan. 10 charged against him.
Mahoney denied hat he had been In
the Corbett house at all during any OF
the period testified to by Nellie Cor
bett. He also denied hat he had ever
told any one hat he was In a scrape
and had TO get out of IL. That con-
GUIDED the case for the defense and
the state announced that II had no re-
buttal.
County Attorney stapleton opened
the arguments for the state and was
followed by A. ]. Campbell and Miles
Cavanaugh for the defense. c. u. Con-
molly closing for the prosecution. The
Jury got the case about 5:15 o'clock.
but they went to supper and did not
return TO the jury until 7 o'clock.
II was $50 o'clock when a verdict was
rendered.
was considerably pleased with the YER
dict and thanked h officers and jury
and particularly County Attorney
Stapleton and Mr.. Connolly. 1t Is a
verdict that will meet with very gen.
eral approval.