Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-18
Jury Will Get the Neary Case
Tomorrow.
RIVALRY W BIRDS
Uf The Pennsylvania and Butte
Contingents the Cause For
the Murder.

The trial of the case of the state
against James ]. Neary for the nluroei
of Alexander Murray at the BouieNaiu
house cooking main on the hhSh' "
January /. was resumed in Judge
C1ancv's court this morning. BY consent
of tho prosecution and defense, Johh
O.Ne:u. one of the Anaconda mine BOSSES
was placed on the witness stano 10 ten
where he was at the time Of the stabbing.
It was stated in the dying declaration VI
Murray that O'Neill was drinking at the
bar when the assault was made. Wheh
O'Neill took the witness stand he SAID ne
was not in the room when the fatal IN
juries were inflicted.
Patrick Jennings was then called. He
said he was present at the trouble oe>
tween Neary and Murray; saw Murray
strike Neary on the mouth at the side
of the pit. Neary cried, tears being Wis
ible in his eyes. Witness said he had
/ talked to Neary and the latter said he
would have a drink at the bar and call 1t
all off. Later he entered the saloon where
Murray had gone after striking Neary
and Murray assaulted him again. Jen-
nings said he had seen Murray's intes-
tines protruding after the second assault.
He thought Murray had struck Neary
on the right jaw in the saloon. After the
squabble in the cock pit several persons,
Jennings said, tried to get at Neary, but
were prevented. He thought they We're
Murray's friends. They said "let me at
him." or something to that effect.
Aske what kind of a gait Neary had
taken in transferring himself from the
nif ~ tho Co1nnn TanninOS said ha had a
nice Walk. He described the bar and the
positions of some Of the people lined up
against it. Murray was leaning against
the bar with his right elbow on top of it.
Not a word, he said, was spoken by either
men, but Murray Immediately struck
Neary and knocked him against the par
tition. The witness said he had after
wards told the officers he had not seen
Neary. He also said he had not seen
Jack O'Neill standing at the bar while
Murray was there. He did not see ny
one else strike Neary. but had seen sew
eral hand flying around in a sort of
mixup. Jennings thought Neary had few
friends present, While on the other hand
Murray had many.
After he had finished his story the at
torney for the defense asked that the
prosecution be compelled to call Edward
Liable. whose name was endorsed on the
information.
Mr.. Connolly answered that Liable had
testified at the corOner's inquest and
knew nothing.
Judge Clancy stated that the law of
compulsion in such matters had been
changed and the state would not be com
PEELED to call the witness if it did not
wish to do so.
This closed the side for the state, and
Mr.. Cotter addressed the jury, stating
What he expected to prove. He sale
among other things he would show tina
the dying statement of Murray was alb
solutely untrue; that what Jennings sail
in his testimony would be corroborated
He would also show that the murder hac
been committed in self-defense.
Harry Corbis, a miner. residing at 81
East Galena street, was then called TO
the defense. He said he had know
Murray, but prior to the time of tn
trouble had never seen Neary. Witnes
was present at the cock fight and said h
had seen Murray strike Neary and knoc
him several feet. Murray was about
feet s inches in height. he said, and yer
muscular. He had been drinking an
was in an ugly mood, having had a quar-
rel with another man awhile before tn
I trouble with Neary. -.
The defense tried to lead the witnes!
but the prosecution objected and the OF
lection was sustained.
An attempt to place the other allege
quarrel before the jury was also mad
but an objection was sustained, the jude
remarking that only one case at a tim
would be tried.
Corbis swore thar Neary did not have
knife in his han when the trouble oo
Cured in the cock pit. He had not see
the fracas in the barroom. Jack O'Nei
and Mr.. Kiley had held Neary back i
the corner to prevent the crowd frol
e rushing at him..
On cross-examination he said he ha
n been friendly to Murray: had not take
sides in the conflict. He could not tie
II the dimensions of the room. as he ha
not measured it, but he knew Neary ha
been knocked six or eight feet. H
thought the pit was 14x14 feet. as he ha
heard people say so. After Neary ha
been struck he cried and roared like a
insane man. Neary had started to wal
out of the pit and Jack O'Neill and NJ
kiley endeavored to hold him bacl
O'Nein had remained in the pit as Ion
as he, witness, did. In answer to a que!
ton as to the comparative weight
Murray and Neary, he thought Near
weighed 165 or 40 and Murray 175.
you say that Neary did not nave
weapon in his hand at the pit side?" ash
ed the county attorney.
Il do. He had a g~reenback in his han
and the corner of it was sticking out"
You do not consider that a weapon:
mo: ] do not"
"Well it is one of the strongest weapon
there is" said Mr.. Connolly.
Martin Gerty of Agate street was ais
at the cock fight. He detailed the troub
between Neary and Con Gibbons and II
fracas in which Neary and Murray il
dulged afterwards. Neither Neary M
IGibbons, he said, had spoken to Murra
before the latter assaulted Neary. Fo
lowing the assault Murray left the roo,
and remained in the pit with a crow
crying, "let. me at him" 1t looked
L l.A..nl Aba.Y .nn,fod 10 ranh him Cher