The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-20

aa0PO5Go III USE 1t against MN IlEE
could do so. and that they wouldn't
make him any promises"
Mr.. Cotter made another objection
and said Mr.. Mullins statement indf-
Gated that hope had been held out to
the defendant by the county attorney,
and that the defendant had not been
advised of his rights. Before the court
ruled on the objection the witness was
further questioned and he stated that
Coughlfn had been told that he could
not be compelled to make any state
ment, but he might volunteer one IL he
felt disposed to do so and wished to ex-
plain the matter. The court then over
ruled Mr.. Cotters objection, and Mr.
Mullins continued his testimony and
said the interview lasted about an hour
and half. and that Coughlin evidently
had some liquor in him, but was in the
full possession of his senses and ap-
peared calm and collected. Before he
made his statement he consulted pr-
vately with Mr.. Mullins as friend
The court interrupted the witness and
said he would sustain Mr.. Cotter's OBJ
lection, as 1t appeared to him that the
alleged confession of the defendant was
not a voluntary one. 1t was evident
from the testimony that the defendant
was in charge of the under sheriff and
was in the presence of the county at
torneys. that he was excited and under
the influence of liquor and had stated
that he was not ready to make a state
ment.
This sweating process is not in keep
ing with the age, and I'll sustain the
objection" said the court.
Sister Louisa was the next witness.
ana testified that she had the entire
charge of the st. James hospital The
x1,642 check was submitted to her and
she was asked If she had ever seen it
before.
Not in that amount xac be,. ra,1,y
When / saw ii it was for 81 442"
She said the check came to her at the
hospital and she had it cashed and re-
ceived the full amount of 81 ,442 for 1t
from the bank.
What. if any changes, are there in
the check from what it was when you
saw it,"
We'll, 7 see s1,642."
Were the perforations 81 .642, on the
check when you saw it?"
No; it wasn't perforated when | saw
it,
On cross-examination by Mr.. Cotter.
the witness said the money she received
from the company was the monthly
hospital dues from the employees of the
company, and that she always looked
to the company for the money.
Sister Mary Zita, assistant to Sister
Louisa, testified that she signed the
voucher for the SLAP check, and at that
tine the figures on the voucher were
SLAP, and not S1642, as now appeared
on it. The voucher was introduced in
evidence and read to the jury by Mr..
Connolly.
F. y. Martin. bookkeeper at the
Mountain Con company, was recalled
and asked as to the amount the Ana
conda company owed the ST. James
hospital for the month of last Septem-
Der.
Sixteen hundred and forty-two dol
lars. was the answer
He said the money represented
monthly hospital dues from the en-
ployes of the company, one dollar being
Wlthheld from the wages of each en-
ploye monthly. He further said on
that after the fee
was Witnheid only from employees who
worked 10 days or over. and that each
man had the right to say to what hos
pltal or physician his fee should he
paid. the fee guaranteeing them medi-
cal attendance and hospital care in case
OF sickness or injury. The company
was offered in evidence. The pay roll
showed that the monthly hospital fees
were deducted in addition to various
sums subscribed to Father McFadden
Tor building church somewhere in Ire
land.
Were the men forced to pay the Nc
Fadden subscriptions or were they vol |
untary contributions? asked Mr.. Cot
ter.
Colonel Callahan jumped TO his feet
and objected to the insnuations con- /
tianed in the question.
designate that as nothing less +
than pettifogging. said the colonel /
and IS not done for a good purpose,
II take that and consider the
source, responded Mr. Cotfer.
II goes just as | said it," replied Mr.. I
Callahan.
The court stopped the wrangle by in
Lerrupting the attorneys.
I think you should not attack
Brother Cotter that way" he said. 1T
$ proper for him to inquire into the
ownership of the money,
is 1t proper for him to ask if it was
a forced collection or voluntary contri-
oution," asked Mr.. Callahan.
We'll. l don't know that that is
proper
ASK whether they were held up in
iVldually or all together" suggested
Mr.. Connolly.
We'll, were the contributions volun-
airy or lnyoluntary?" asked Mr.. Cotter.
modifying his question
Il know nothing about the Father
acFadden collections except what Is
'noWn by the pay roll, was the answer
If the witness.
The case was resumed and after
lttie more unimportant testimony Mr..
- /
tate's testimony. Mr.. Cotter then
maze motion to strike out all the
estlmony of Mr.. Mullins about the de-
endants alleged confession. on the
round that ii became immaterial after
ne court had ruled out the confession
tself. The motion was sustained. and
hen Mr.. Kirk, for the defense, made
he following motion, that the court adj
use the jury to acquit the defendant
Comes now the defendant at the
lose Of the prosecutors case and
moves the court to advise the jury to
etufn verdict of not guilty in this
ase upon the following grounds:
t1rst-That there is not SUFFICIENT
violence in this case to prove or tend
ng 10 prove that the defendant az
gent, servant. trustee or cashier Of
he Anaconda Copper Mining company.
having in his possession by virtue of
AID employment the sum of $500 of the
awful and genuine money ~ the
jnited States Of the value OF $500 and
he property of the said company did
Siifully or unlawfully or feloniously