The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-25


reason Mr. Connolly asked for an ad.
journment of the trial until this morn.
ing.
Then close your case and go on with
| the trial" said Judge Clancy.
Mr.. Connolly did not want to close his
case without the testimony of Wright
i and he said So
The judge saw an opportunity to get
| in one of his favorite roasts on the
county attorneys office.
/, i can't tolerate this, and / won't toll
crate it," he said. You ought 10 be
| prepared to try case when you come
| into court. You ought 10 have your
witnesses here. / never saw the like
/ in all my life
Il don't care to have any reflections
cast on my conduct of this case" feplied
| Mr.. Connolly.
We'll. I'll keep on casting them" ex-
claimed the judge. getting warm and
excited. There are no insinuat.Gns or
reflections in what | say. They are facts.
You are derelict in your duty won't
nave any more or it. mind that I'll
| have no more of it.
Mr.. Connolly tried to defend hmse If
by explaining that the subpoena for
Wright had been ordered issued FIVE
days ago when the case was set for trial
and that he was not to blame If the
witness had not been served
We'll, you ought to see to it; 1t is
your business. said the court.
u am here to do my duty to the best
VI my aoiiity, responded Mr.. Connolly,
and III do 1t as / see it,"
Then do it? I've been around courts
for generation and l never saw the
like of it. | can't have these men sit
ting here and stop the trial because YOU
haven't got your witnesses here
Il have been around courts some
myself and have seen such things
NJ ,.@tl
We'll ] haven't, and | won't have
it, said the Judge and then Mr.. Con-
molly asked for time to prepare an affi-
davit in which to make a proper show
ing for continuance which the court
granted him. Mr. Connolly shortly re-
turned and read the affidavit, as fol-
lows:
&C. p. Connolly, being first duly
sworn, on oath deposes and saws that
be is the duly appointed, qualified and
acting chief deputy county attorney of
Silver Bow county Montana: that the
above entitled cause was set for trial
on the 18th day of February, 1898. for
the 24th day of February at a. m
that the subpoenaes for all the wit
nesses required by the state in this
case We're ordered issued and were is
sued on the 21st day of February: that
the returns on said subpoenaes were
not made until . o'clock a. M of this
date by the sheriff OF Silver Bow coun-
ty, at which hour the trial of said cause
was set; that afIiant did not learn of
the failure of the witness, Charles b.
Wright. whose name is indorsed on the
information herein, to be subpoenaed
until the noon hour recess of this day.
this affidavit being MADE at O'clock
p. m. of this Gath day of February.
1898; that affiant has Just learned from
the sheriff's office for the first time that
the witness Charles b. Wright is in the
nf Pa Jaffa
affiant can secure the attendance of
said witness if the said witness is in the
town of Basin, by o'clock a. M to-
morrow morning; that the state has
rested its case with the exception of
the witness, Charles b. Wright: that
the county attorney Guy W. Staple
ton, has been confined to his bed to
the knowledge of affiant, for more than
a week, and that D'Gay Stivers. the
deputy county attorney, is engaged in
the trial of other cases in the justice
courts of this county and in the issu-
ance of complaints from the office of
the county attorney, and in giving his
attention to other business connected
with his office; that affiant has had
sole charge of this case by reason of
these facts; that affiant has been en-
gagged in the trial of other important
cases from a. m. TO p. m. daily.
cases requiring much attention in look
inP up evidence, and has been so en-
gagged during the past week that he
was unable to look up the witnesses
in this case, and could not have learned
of the absence of this witness from the
city of Butte in time to have asked the
at the time of the trial;
that the said witness, Charles b.
Wright, will testify that on the even
ing OF the 9th of December, 1897, at
about quarter to O'Clock, he was
coming up from the Parrot smelter,
ana at the place where the complain /
lng witness Gus Johnson, is alleged to
nave been assaulted, saw three men to- |
sether and heard blow: that it was |
then becoming dusk, and he heard I
second bioW and saw man tumble; |
that there was man standing with |
MS face toward the man that tumbled, |
ana another man on the opposite side:
mat one or these two men standing |
up ran toward the Parrot smeiter, and /
the other toward Butte, that witness
would judge that at this time he was