The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-20
The Barkeeper on Trial for MUIR
dering the Man.
A NIGHT IN A BARROOM
Mr.. DAILY Questioned the Size OF His
Bill = He Went Behind the Bar
and Then the War Sud-
denly Broke Out.

Paxson. II. NJ. Calkins, Herbert Davis.
w. II. Davey. Ed Mahoney, G.. j. Hem
neberry. Thomas Davis, william Hodge.
F. Y. Giard. c. Nj. Strowbridge and
Joseph Lalley.
In his opening statement County At
torney Stapleton aid the testimony
would show hat about 10 o'clock on the
evening of Feb. %. 1898, DAILY entered
the barroom of the Duggan boarding
mouse. where Works was employed as
oarkeeper, and after a few words about
a board bill. Works she and killed
DAILY. Mr.. Stapleton said the evidence
would show hat the murder was DELHI
crate and premeditated, and without
excuse whatever.
James Brennan was the first witness
for the state and testified that on the
evening of the trouble he was i'm the
Duggan house saloon. DAILY came i'm
and with two friends went up to the
bar and had drinks. DAILY asked Works
Tor his board bill, and Works told him
he could not have it until the next
morning. DAILY asked for ii again aft
erward. and Works got a slip of paper
and Informed Daily that his bill was
over $500. Daily said he was something
of a figurer himself, and he took the
paper and sat down at the desk. Bren-
nan went over to a pool table. and the
next thing the witness noticed was
some loud words, and he looked up and
saw DAILY start to go behind the bar,
and then two shot were fired. and a
few seconds la.er another shot went
on The witness ran over and saw
Works raise his gun again as IT, to
shoot or strike, and Brennan grabbed
Works and took the u ava from
him. DAILY was on the floor and had
IL IN 1890. .A.- 49,
nan took Works GU and marched him
down town until he met Officer Fogar-
ty. into whose custody he gaze the
murderer and his gun.
On cross-examination by Mr.. Cotter
the witness said DAILY was slightly UNI
der the influence of liquor. Brennan
had known DAILY about eight years and
often saw him intoxicated, but never
knew him to be quarrelsome. The wit
ness could not say what had occurred
before DAILY started to go behind the
bar, and did not distinguish any of the
words that passed between the two
men. When Brennan pulled Works
away, DAILY fell on his face and did
not move again. The deceased was a
man about 5 feet 10 inches i'm height
and weighed about $50 pounds. On re-
direct examination by Mr.. Stapleton the
witness said he could not tell whether
DAILY fell toward Works after he was
shot and grabbed him about the legs
after he fell or not.
rs it not a common thing for the
boys to go behind the bar?"
Objection sustained.
Was it not a general thing for Daily
to go behind the bar?"
Another objection was sustained.
John ID. Ryan, the mex witness, tes-
titled that he as in the saloon when
Daily came in and had a drink with
him. DAILY asked Works for his bill
and Works said he could not give IL to
him. but he afterward handed him the
paper on which was his account.
Works attention was called away while
DAILY looked over the account. Some
body had a drink and DAILY also asked
for one, and Works said he could not
have it. You won't give me a drink"
replied DAILY, and he reached across the
bar n laid his hand on Works shoul-
der and started around the end of the
bar. Works reached back and took a
gun out of the drawer and shot DAILY.
They a been standing at the end of
the bar.
Did DAILY attempt to strike Works?'
No. he did not have time"
Did he use an angry tone of voice or
not when he spoke to Works."
The court suggested that the question
leading. and then Mr.. Wines OBJ
jected to 1t on that ground, and the OBJ
lection was sustained.
state whether or not he spoke in an
angry tone Of voice?"
The court sustained another objec-
ton.
Does the court rule that the uues-
ton is leading?" inquired Mr.. Staple
ton.
well, it's Objectionable" replied the
court.
Where were the two men when the
shots were fired?"
About a foot or two from the end
of the bar"
On cross-examination the witness
said that not a word was spoken by
DAILY or Works after the former
had placed his and on Works Shout
der. Works had his gun out before
DAILY got behind the bar. DAILY followed
Works after he had fired the first shot
and reached for his gun. Ryan said
he thought DAILY was dead, with his
arm about Works leg. when Brennan
pulled the murderer away.
Police Officer Fogarty testified about
going in the direction of the scene of
the murder when he met Brennan with |
Works. Brennan said Works had muir
dered a man in the Duggan house and
turned the nan and the gun over to
the officer. who took them to the police
Fogarty said he noticed tina
shirt was torn and he had some
on his hands.
John Lander, the next witness, testi- |
fled that he was in the Duggan house
saloon at the time of the shooting. The
he knew of any trouble was when
he heard the first shot. He looked up
in time to see Works fire the second
DAILY had his right hand on
Works shoulder and the gun was with
in about six inches of Days breast.
DAILY was standing at the end Of the
bar and Works just behind it. The third
e OF as Works raised the wea-
pom to shoot or strike again. The wit |
ness said he was at the pool table try
ing to make three chips oun 10 at the
time the first shot was fired, and had
not noticed IN trouble before that
The gun which had been identified as
the weapOn with which the murder WAS /