Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-23

English, meant dirty sack" as near as
he could interpret it. Arnold had then
taken off his coat and eye glasses and told
him he could fight with his fists, but he
did not consider it the proper thing for
them to fight among themselves. Wit
ness had seen Boyson strike ArnOld.
Fred Everhart stated hat he was high
man out" in the dice game. He had
heard Boyson and Arnold "chew the rag"
and seen the former throw the rag. too.
He had also seen a gun in the hands OF
Arnold and had heard him say he had a
good notion to shoot him. Boyson got
out of the way. The CUR was not pro-
duced, he said, until after Boyson had
struck Arnold with the club.
Fred M. Kunz said he had seen BOyson
in the California Brewery last Sunday
evening and the latter had told him if he
had the assault to do over again he would
make it. as Arnol had shown a gun
under his nose.
At the conclusion of the testimony for
the prosecution the defendants attorney
moved for a dismissal of the action on the
ground that the state had not made out
a case under the allegations of the infor-
nation. He said a jury woul not con-
Wet BOyson. The motion was oVerruled
and witnesses for the defense were ex.
amined.
Henry Muntzer, proprietor at the brew
cry, testified that Arnold had q right to
be behind the bar, but at the time of the
fracas no right to interfere with the dice
game. On direct examination he said he
had not talked to Arnold about the mat
ter, but on cross-examination admitted he
had seen him at the hospital twice. He
had, he said, discharged Arnold because
he had been the means of having Boyson
arrested and taken from the saloon when
there was no one to look after the bar
and not because he had refused to settle
with BOyson for $1OC.
Boyson admitted having struck Arnold
with the rag for having interferred with
the dice game and then following it up
with blows from the club. He also said
Arnold had boosted of being a pugilist
and a strong-arm man. Arnold was a
little too slow for me, n l INT HIM with
the club" said Boyson.
Asked on cross-examinatlOn If he had
not intended to cheat Kreig out of the
game of dice, Boyson said he did not
know about that.
You know three skies beat three tours,
do you not?' asked Mr.. Kelly.
II attend to that" answered Boyson.
He said he had threatened to slap Ar
mold before the real trouble commenced.
Il was hot he said, and picked up the
club as soon as he made a move" 1t was
hanging at the enc of the bar. Arnold
had a club lying behind him, but witness
did not see him make a move to get it..
Il hit him with the club three times al
together" concluded Boyson.
How much do you weigh?" asked Mr..
Kelly.
None of your business" replied Boy
son.
Answer the question:" said the court.
About $780,"
"How much does ARNOLD weight"
about 100, I guess"
Frank %Schubauer c~orroborated the
story told by several of the witnesses.
j. w. Stanley also gave testimony, but
nothing of Importance was CLEANED from
his version of the affair.
Thomas H. Smelling and his wife nave
petitioned the district court for leave to
adopt Annie Devaney, Z years old. The
petitioners state that he father of the
child is dead and the mother is willing for
them to have the little one ..- ..
Judge Clancy has issued an alternative
writ of mandate commanding Sheriff Re-
gan to enforce an execution issued by
Justice Lewis of Walkerville against the
property of Robert O'Neil in Centerville
or show cause tomorrow why he has not
done so. The writ was issued at the re-
quest of Charles E. Rueger, attorney for
Bertlemet, who secured a judg-
ment against OiNeill.
An appea! bond with Silas F. King and
j. A. Talbot as sureties has been filed in
the matter concerning the lease of the
Burke and Balaklava mining claims, be-
longing to the estate of James Tuohy. A
week or so e Judge Lindsay ordered
the executor to lease the property to
Messrs. McSherry and Ryan, but the ex-
ecutor. having previously had a better
offer than the one made by Ryan, Nc
Sherry and Byrne, to whom he first pro-
posed to lease the ground, sought to have
the original order made by the judge set
aside and a new one made. The judge,
however, refused to rescind his original
order, as prayed for by the executor, and
the latter now opposes to carry the case
to the supreme court.
$50 sets CT teeth $40. DIR. Wix.