Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-23
MOORE TELLS
HIS STORY
Says He Was Drunk on Christ
mas Eve and
SLEPT OFF THE EFFECTS in
A Chair at the Clarence HOTEL
Was Shot in the Leg at
Walkerville
SLEPT OFF THE EFFECTS IN

The trial of John Moore, charged with
highway robbery. which was commenced
in Judge Clancy's court yesterday AFTER
noon. was resumed this morning with D.
w. Connolly on the witness stand. Con-
molly said he was keeping books at Pat
Mullins boarding house in CenterVllle;
that on the last of December Quinn, the
alleged partner of Moore, made appllca-
ton to him for lodging and boarding for
Moore. Witness did not see Moore at that
time. but met him later on. Moore said
his name was John Tobin. lie looked
unwell and said he had the rheumatism.
John j. Haggerty, proprietor of the
Florence hotel, testified that three or four
months ago Moore had entered the Motel
and taken a meal. He then had on a black
raincoat in the pack of which was a rent.
4 coat similar to the one described was
shown Mr. ~Elaggerty and he said It looked
like the one worn by Moore. After the
robbery he had seen the coat at the city
Jail. 1t had been taken from Quinn at the
time of his arrest.
Policeman Lyden examined the coat
and said he believed he had seen it be-
fore. One night about two weeks before
the arrest of Moore he had met HagSerty
on the street and a conversation ensued.
While it was in progress the defendant
and two other men shorter than he pass
ed and TO the best of his belief the defend
ant was then wearing the coat. This tes-
timony was apparently satisfactory to
both sides and the coat was offered as
evidence. A few more questions were ask
ed and then Lyden corrected his state
ment about the coat by adding to it the
fact that he had seen it on Moore two
weeks before the arrest of Quinn. Had
the statement as first made been allowed
to stand it would have had no effect. for
Moore was not arrested until the 18th of
January and the robbery was committe
December 2 5. three weeks before. After
the witness had made the correction the
defense objected to the admission of the
/ coat in evidence.
Patrick H.. Sidley. a deputy sheriff, tes-
titled that on the day of Moore's arrest
the sheriff's office had received a tele-
phone message from Mullins grocery in
Ccnterville to the effect that Moore was
STAYING in the boarding house. Witness
and other officers Went UP and arrested
j him. Moore was asked to display his left
leg above the knee and it was done. A
bullet wound was found. In answer to
the question as to where and how he had
! received the wound. Moore had answered:
You ought to know. I got it Christmas
! night in front of the brick saloon in
Walkerville.' To this Sidley had replied:
You must have been in the ceiling, for
that shot was fired upward
William Ferguson, who has charge OF
the bed department on the night shift at
the W~orkin gmen's home, testified that on
the night. of December 10 the defendant
and another man had applied for lodging
at the home and it had been given them.
''Thy gave their names as James G. Fair
and John w. Mackey,'' said he. Zone or
the other or both lodged there every night
anti the 22nd and paid for it each night.
On the night before Christmas they went
out and did not return until after had
gone off duty in the morning. The sheet
of the bed in which Moore slept had blood
on it,"
Ferguson produced the register to show
who had occupied the bed up to the time
'Mackey and Fair" appeared.
: With the exception of a few questions
. asked the policeman that surprised the
= two highwaymen at work, this closed the
testimony for the state and four persons
were sworn to give evidence for the de-
Tense. Attorney Taylor then made his
statement to the jury. 1t was short anG
to the point. He said it was all a cast
of false and mistaken identity to connect
Moore with the crime and he would sat
isfy the gentlemen in whose hands the re.
suit would be placed for de~terminatior
that Moore was innocent; that while hi
: would acknowledge the presence of the
It wound on Moore's leg he would show tina
0 it was the result of an accidental shot.
". ,. tlIHtI slliI " thC "
a map of that part Of the city in which
the robbery occurred.
Thomas Mcdonald, a miner at the Ana
conda, stated that he had known Moore
about two years, intimately %acquaint
ed with him. On the night before thu
hold-up he had seen Moore in the Cali
fornia brewery, and at about 3 O'Clock tn
next morning he had seen him in tn
same place. He was then helplessly
drunk. A man named Mike Quinn wa:
standing at the bar, but witness did no
know whether he and Moore were to-
t gether.
, Mcdonald further testified that Moor,
! and himself had roomed together at tn,
Silver Lake hotel about a year and {
half ago. He had never seen Moore will
the long, black ulster. Moore had worked
in the Neve Sweat mine.
On cross-eXamination Mcdonald be
came somewhat mixed in his statements
He declared in one minute he had no
seen Moore between Christmas morning
and the time he appeared in the distric
a court room. and in the next minute ad
mitted that he had seen him at the pre-
Il liminary hearing. Then it developed tina
Moore waived his preliminary.
Thomas Neenan of Walkerville said h,
had known Moore several years; tina
when he first met him he was working
with the ropemen at the Anaconda. H
never knew the defendant by any othe
J name save John Moore. On Christina!
night he had seen Moore in Vaudeville
Had walked up and down Daily stree
with him. A couple of hours later Their
was some shooting, four shots being fire,
behind the brick saloon and one in from
of it.
Cross-examined, Neenan said he ha'
been born in Virginia City, New. He ha,
been quite friendly with Moore, but ha,
made no attempt to see him after his ar
rest. He did not know that Moore wa