The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-23
HOT WORDS EXCHANGED
Between Counsel in the Shad-
we'll Murder Case.
STATES CASE \ FINISHED
Direct Testimony Is All In-Stack Said
OConnor Accused Shadwell of
Cheating Why Ma cCauley
Was Not Called.

Was Not Called.
The direct testimony for the prose-
cution in the trial of Bob Shadwell for
the murder of Martin j. O'Connor was
concluded yesterday During the morn
Ing session of the court some interest
was added to the trial by collision
OF words between County Attorney
Connolly and L. J. Hamilton, one of
Shadwell's counsel The man Ander-
son, one of the states witnesses, who
appeared to be unfriendly to the prose-
cution, was again on the witness stand,
and during his examination by Mr..
| Connolly the latter sought to show that
| the witness had made statements re-
| garding the killing at the coroner's
inquest and the former trial which diff
| fered materially from the testimony
which he now gave Mr.. Thresher OBJ
| jected and the court overruled the OBJ
| lection, and then Mr. Connolly with
drew his question and offered to prove
that the witness had made a different
statement at the coroner's inques.. He
started to explain his reasons for do
| ing so and Mr.. Hamilton objacted to
any explanation being made before the
jury and characterized Mr. Conno:iv's
action as pettifogging. Mr.. Connolly
apepaled to the court for protection
and the court gave Mr.. Hamilton a
mild reprimand, whereupon he al clio
gized to "the court" and Mr. Con
molly said, addressing Mr.. Hamilton:
And you'll apologize to me, too
out of the court room"
Mr.. Hamilton said he would not and
that ended the incident, and by the
time court adjourned for the noon re-
cess both attorneys had cooled off and
me expected personal collision did not
| take place.
AT the conclusion of Anderson's tes-
timony the state produced a new wit
ness in the person of Al Slack, who
gave some damaging testi nnry against
the defendant. He said he was present
In the card room of Kelly & Egan's
| saloon on the morning of Jan. II, 1898,
during the whole ARRAY between Shad-
well and OConnor, which ended in the
| killing of the latter. Stack gave about
the same account of the affair preced-
| ing the shooting as the other witnesses
| for the state. He said O'Connor ac-
cused Shadwell of cheating and told
break g. chair over his head Shadwell
then laid down his chips and went out,
returning about 20 minutes la-ar He
wanted to play again, but O'Cnr nor
told him he could not. Shadwell re-
piled that if he could not nobody else
would, and instantly he pulled his re-
volver and there was a scattering
among the players. o'Connor grabbed
the card table and tilted it up and
cried: Don't Shoot He tried tc get
behind the table when ShadwelI fired.
At the time the shot was fired O'Con-
nor was in a STOPPING position and
only his head and part of his should
how {11r
On cross examination Stack said he
was faro dealer and gambler. He
said he did not testify at the former
trial because he did not want to get
mixed up in the case A sheriff's dep
uty learned recently that he had wit
messed the shooting, and he was sub
penaed.
Mr.. Connolly announced the close of
the states case, and the defendants
attorney demanded that the county at
torney call witness named w liam
MacCauley, who had testified at the
former trial and whose name was in
dprsed on the information M. Con
molly said he had good reasons for not
calling MacCauley as a witness for
the state. and he asked for time to pre-
pare an affidavit to that effect. Court
adjourned for the noon recess, and
when it reconvened Mr.. Connolly sub
mitted to the court an affidavit in
which he alleged:
That the name of one William Mac
Cauley is Endorsed on the information
in this case as a witness on the part
of the state; that said witness was
witness on the former trial of this
case; that at the time of the former
trial the prosecuting attorneys were
taken by surprise by the cvidence Of
the witness in several atarial mot
tiers; that the testimony of the witness
,,-
or the important particulars thereof.
WIN the testimony that the witness
had given at the coroners inquest the
day after the alleged homicide; that
the testimony of the witness at the
FORMER trial varied in important par
eieulars with the narrative of the in
cldehts OF the tragedy as given by him
to the prosecuting officers before the
trial
That since the said trial the said
witness. William MacCauley, has been
incarcerated in the county Jail of Sill
yer Sow county on charge of ne:it
larceny for the theft of a. watch. to
which charge the said witness Will
lam MacCauley, plead guilty; that the
said witness, William MacCauley, has
likewise served a sentence of so DAYS
within the last three months in Lewis
and Clarke county for assault.
Ihat three days ago he told this
s'iiieii' 'iist hC hehu JUST come from Da-
kota and had only been here a few
days: that the officers were unable to
locate him, and no one knew where he
was, until he returned to Butte about
a week or 10 days ago; that on the
day after his return one of defend
ants counsel B. S. Thresher. inquired
at the sheriffs office if the said Will
lam MacCauley had been served, and
that this witness and the witness An
derson We're the only witnesses the said
Thresher inquired about that the said
Thresher then stated that he knew
that the said William MacCauley was
in town. Affiant likewise says that he |
is prepared to prove. by competent evil.
dence, all of the facts set forth here
in; that he is further prepared to prove |
that the witness, William MacCauley. |
is ta,,,,: o. fria,, del in WITH ha q |