Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-09-06
DWYER CONVICTED.
CONTINUED from Second Page.]

dents preliminary to the encounter,
while Gallinger testified I" Dryers
Offering to bet Thornton IA ten spot
that he could knock the spout of a
teakettle on "a stove In the rear of the
room, Thornton replying that he did
not want to shoot in the house.
This incident Dwyer explained by
saying he desired to get Thornton's
gun so as to put 1t away.
McCullOch seemed DESTROYS Of assis-
ting the defense ns much as possible,
his testimony, tho contradicting that
given at the coroner's inquest. being
that Thornton raised his rifle as he
stepped hack, witness voluntarily
advancing the opinion that Thorn
ton did no TO kill Dwyer. He had
stood within eighteen inches "f
Thornton at the time of the shooting
but had not interfered because he was
afraid Thornton might kill him, althO
Dwyer AT the time had Thornton
covered with a siX-shoOter. His tes-
timony did not amount to much ex-
cept to show how completely his
sentiments had overcome his memory.
DR.. Lindsey testified az to the
wound, the ball entering the left
temple and going almost horizontally
thrO the head, directly from left to
right, causing death.
Justice of the Peace Beatty testified
as to the circumstances o fbeing called
after the occurrence Constable
smith said he w,is In the stable when
thornton came for his gun and that
- l. .. - ..All -.
Hugh Green. Smith had heard the
shot and taken charge of the defen-
dant. Whitaker's testimony was on
minor circumstances.
Tie defense began its side OF the
case Friday evening, E. X. Cheadle
making the opening statement.
Cliff DeyO, of Maiden, testified to
witnessing this taking of the revolver
from Thornton and that 1t vas done
stealthily hut not attended by any
quarrel and that subsequently Thorn
ton had demanded the return of the
gnn. Saying "Ill get that gun, let it
cost what it may, Dwyer respond
ing that Thornton could have the
gun when he got sober or vas ready
to leave town.
John Biglen of Maiden. n friend Of
Dryers, testified to various threats
of Thornton's which were made in
the presence of Dwyer and witness
after the taking of the gun, the fol
lowing being the most important
alleged to have been made: Paddy
took it from me and I'm going to get
ii back; 'I've got a 30-3O down i'm
the stable and I'm going tOgeti 1t and
II don't get my gun III make it the
dearest gun Paddy eve got" 'lIl
make that cost you the dearest gun
you ever took away from anybody"
Biglen was the sole witness to these
threats except Dwyer.
Chas Rasor had heard Thornton
and Dwyer talking toget her and later
had seen Thornton go the stable and
met him on his return, Thornton
talking Of the gun he then had This
rifle and remarking Just watch me
and see it smoke" To this remark
Norman Poland was also a witness.
RasOr said hr had been i'm the saloon
u few moments previously, Dwyer
and Thornton being the only Others
present, which fatty contradicted
Biglen, who had testified he was
there shortly prior to Thornton's
going for the rifle.
Jas. b. Washburn had heard Thorn
ton demanding his gun of Dwyer and
had seen him going stealthily along
the street, wOrhing the lever and
enter Dryers saloon. Mr.. Wash
burn overturned the theory of TIA,
defense that Wickes was outside the
door. by saying he had been looking
toward the door when he heard tho
shot and had seen Thornton drop
but that no n was outside.
+. g. Abbott. n member If the cor
ODer's jury, testified that Thornton's
rifle was loaded when found.
The state having failed to put
Lackey. the fourth eve witness on til,
stand, the defense called him, hestat
ing that Thornton had his rifle raise
nearly to the top of the bar when HI
was sho.. hut or cross-examinatioI
minimized the effect Of this by saying
McCulloch stood between him ant
Thornton. Witness said he told Nc
Culloch to grab the rifle. Lacke,
could not say with the milkmnid
"My face IL my fortune"
OF Norman Poland's TESTIMONY