The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-07
CONL|N MURDER TRIAL
The Case for the Defense Is Out
lined.
THE DEFENDANTS STORY
He Had Been Told That Gibson Was
Going to Shoot Him and Fired
in Self Defense--Was Ner-
vous and Excited.

Great Falls, Jan. 6.-The state closed
| it's case in the murder trial of Jack
Conln this morning, although it had a
number of witnesses in attendance who
had not been called to the stand. 1t is
evident that Prosecuting Attorney
Gormley considered that the witnesses
called had told the whole story and
therefore when Henry Paynter had
| been called and had added slight de-
tails to his testimony, the only witness
for the state was the former coroner,
DR.. c. A. Brady. He stated that he had
held the inquest and had discovered
gunshot wound entering the head
about three inches below the left ear
and emerging at the right eye, the
wound having an upward slant This
was the cause of death. In
order for one to receive such wound
he must be turned to the right from
| the gun which fired the bullet and the
body would have to be in more or less
of a STOPPING position. The state
rested and then the defense asked that
the remainder of the states witnesses
MED the motion on the ground that the
state had yesterday given notice that
| 1t had other witnesses who were pres
ent, but who would not be called The
defense had made no objection to the
dismissal of such witnesses and they had
been dismissed. An exception to the
ruling was granted.
The defense then addressed the jury
saying that it would be shown that
about 10 years ago Conlin received an
injury in the head by which the bones
of the skull had been broken; that some
of such bones had been removed and
| that silver plates and silver tubes had
been a necessity for a number of years;
that this accident had affected his mind
to such an extent that Conlin was cas-
lily excited and when so excited became
partially insane and irresponsible. The
defense would also show that on the
morning of the killing Gibson had at
| tempted the life of the defendant he
had made threats against Conlin's life
| prior to the actual attempt, and that
| such threats had been reported to Con-
lin, who thereafter was afraid of Glib
son, who was physically the more pow
erful man; that he shot only when there
was a strong presumption that he him
self was about to be killed; that when
he fired. Gibson was in a position for
drawing a gun and that he actually had
| his right hand in his hip pocket; that
the testimony to the effect that Conlin
had previously threatened Gibson was
entirely false, and that the witnesses
for the state We're grossly prejudiced
and biased against the defendant.
Conlin was his own first witness. He
related the story of a struggle with d
| horse 16 years ago in which the animal
had bit and trampled upon him and
the resulting injuries He had worn
two silver tubes in his head UP to 1892
| from limo ont
through the wounds
At the present time and at the time
OF the killing high wind or unusual
cold weather had made him light head
ed, and under such. circumstances he
was likely to fall into a state of nigh
nervous excitement. At the time of the
killing he was excited as he had never
been before. Under other circum-
stances, even though men abused him
while he was behind the bar, a matter
to which he was accustomed, he was
not more eXcitable than the average
man.
He then told the story of the killing
Gibson had entered the saloon early in
the forenoon with a party of men and
had called for drinks, which were serv-
ed. Gibson started for the
stairs and Conlin called him
back, and when Gibson insisted On
going up, Conln had brought him back
but without the use of force. Gibson
was angry, abused Conlin, challenged
him to come out and fight, and told
him to get a gun, as there was that
much difference between them. Gibson
then left the place. stating that he
was going to get a gun and return and
kill him. During Gibsons absence, a
named Cheney and another entered and
said that Gibson was in Dougherty's
saloon making threats against Conlin's
life and that Gibson had a gun. Con-
lin asked Cheney to send up the deputy
sheriff and went upstairs and got his
own gun. After pushing in a cartridge
so that he might close it, he placed
the revolver in the second drawer of
the back bar. Gibson returned in about
five minutes and again started to abuse
.Conlin. He demanded drink and Con-
lin refused it. Gibson asked him to
come from behind the bar and fight
Conlin refused, and then while the lat
ter was Strengthening up his bar, Glib
son reached over and struck him on
| the neck. Gibson jumped back from
the bar with a motion toward his hip,
as if to draw a gun Conlin then took
the gun from the drawer and holding
! it in both hands, fired. Conlin denied
that he had ever made threats against
Gibson, or even said that he had no use
for him; that Gibson apologized the
second time he entered the saloon; or
that he said to Gibson while turning
for his gun, eI'll fix you, --''
Conlin made very good witness for
himself until on cross examination. He
at one point baked when asked by
the state to demonstrate the whole af-
fair of the shooting. On second thought,
however, he complied with the request
and went through it with considerable
| nerve, although it was plain that he
was considerably moved by his own
acting. George Atkins and Thomas
Riley followed him and they corrobor-
| ated his statements in some details, but
did not materially strengthen his side
of the story. At least tomorrow will
| hE cd nv tho tria