Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-02

patton he was a street payer and brick
layer; that he had never been convicted
of a felony. He named three or four men
in whose mpa he claimed to have
been at the California on the
night of the robbery.
Asked to explain where and under what
conditions he became possessed Oh tne
watch taken from Warren. he stated tnat
on the evening of July IA he was IN tne
Combination gambling house. and a man
there had asked him if he would buy a
watch. He answered in the negative and
the man then wanted him to let him EaVe
$40 on the timepiece. This he refused 10
do and the price was chopped to $'oO ana
then 81. At the latter figure the prisoner
said he had taken it. The mana ne aodeu'
had seen him playing at one of~the games
before that and knew he had d niue
money. The man had told him ne Woulo
redeem the ticker the 1olloWlhs u"s' "N~
he never came for 1t. ,
The prisoner further said he had arrived
in Butte on the 9th of July, put oiu no.
hear of the road house robbery UNI II
18th. One night he was in the Callloiii"
brewery. $3.50, ,.,ad
what were you doing there" asked
Mr.. Connolly. Uaa;.
."rhere was a big crowd there ana nooie
Martin was quoting Shakespeare Was
the reply. f Ma.
lanes Lacey. the co-defendant OIL Nc
son. whose trial will follow the one no"
on. was called to the stenu. l'allIs ~
tin,o Mason was telling his story Lacey
cat in the room and heard it all. M. c"h-
nolly objected to this. but as tie enforce.
! rent of the order governing TINS pal, ',
the court proceedings had not peeh aeheo
for at the beginning OF the tesClihoH, ~
objection was of no avail. Lacey sWore
he was in the from 9 until IL or
I o'clock on the night of the robbery. Ma
son was also there. In regard TO SOME
Testimony given by Wilbur Travis, IN pc
half of the state, Lacey SAID II was no.
true. that Travis had come to Butte WIN
q card sharp named Toomey. They had a
'spindle.' said to be a device useo IN
gambling. 1t was their intention TO MAKE
all sorts of money in Butte, but they hao
a falling out.
Some very important testimony bearing
upon the alibi proposition was introduce
ed. The prisoner claimed to have been
with a man named Thomas Lyons, Lacey
| and others in the California eve at
the time the road hous was being held
up. Lyons proved an alibl in q justice
court. Today testimony to show that al
though at the preliminary he vas asked
the names of the people he was with in
the California, he did not mention that OF
either Mason or Lacey.
At 10 o'clock the case was continued I'M
til 1:30 as there was some testimony of
an important character to be sprung pro-
vided the person from whom it was eX-
pected could be found.
At the time the Reception was held up
a man and woman were sitting in the
| parlor of the house. One of the robbers
entered this apartment and demanded the
surrender of the couple. Quick as a flash
thn am tnra tho ~, n CT fror, tho IN tyr
der's face and recognized him as Lyons,
the man that proved the "alibi' in the
Justice court.
Etola Harper, the woman witness
wanted at the morning session, was pres
ent this afternoon and testified in re-
buttal for the state. Asked if she vas at
the Reception road house on the night the
place was held up, she said she was.
Did you see Lyons there?" asked M,
Connolly.
Yes, sir; I did. Lyons came into the
room where l was and l jerked the mask
from his face. He had a scar under one
of his eyes"
Did you see Lyons at the preliminary
hearing when Lyons proved an alibi?'
yes, SIR
Can you now say positively that the
Lyons you saw at the road house and ,he
Lyons yOu saw at the preliminary are
one and the same person?'
Yes, sir; | can. They are one"
On cross-eXamination Miss Harper ad-
mltted that she might nave been excited
at the time of the robbery, but she was
! positive of the Identification of Lyons.
Witness De Shon was recalled and asked
if he remembered when Deputy Sheriff
O'Neill served a subpoena on him. He
answered in the Affirmative, and was
then asked if he remembered having said
to the deputy, in the presence o. Eddie
Martin and one Howard: what is the
,~o g .u
was to the effect that he might have said
it, but he did not remember.
Deputy Sheriff O'Neill testified that
when the subpoena was served on De
Shon the latter kicked and said he knew
nothing about the case.
This closed the testimony and the argu-
ments We're commenced, the county at
torney addressing the jury first.