The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-22
.ALMQU|ST is CERTAIN
Damaging Testimony Against
Samuel Phillips.
SAW HIM IN THE GULCH
He Is Sure He Gave the Defendant a
Ride About the Time the Muir
der Was Committed.
Other Testimony.

an engineer IN the employ or the Alice
company, was put on the stand yester-
day in the preliminary hearing of Sam
uel Phillips, who is accused of murder
ing Adolph Schwade in May, 1897, who
gave damaging testimony against the
accused. He swore with much certain
ty that he saw the defendant in Whis-
key gulch about the middle of May,
1897, and gave him ride. The testi-
mony was offered as counter evidence
to Phillips claim that he was not in
and the witness seemed very sure of
his identification of the defendant.
The hearing was resumed at 3 o'clock
in the afternoon before Justice Nichols
with County Attorney Connolly for the
state and George B. Dygert for the de-
PENDANT as opposing counsel. The court
room was crowded with spectators who
listened intently to the testimony of
the one witness examined. The de-
PENDANT, a low browed repulsive- feat
ured man, sat by his attorney, and
throughout laughed incredulously at
the strong statements made by Aim
quist, though his lawyer failed to shake
the testimony of the witness by a rigid
cross-examination. At the conclusion
of the taking of Almquist's statement,
MI. Connolly stated he had further tes-
timony he wished to offer, and as Mr..
Dygert did not oppose delay contin-
uance for one week was taken.
At the resumption of the hearing.
John G. Almquist was called. He said
he lived mile and quarter west of
town in 1897.
do you know the defendant" asked
Mr. Connolly.
II do
Did you see him in 1872"
II did"
Where did you see him?''
He was walking near the Elbe mine.
I was driving and stopped and asked
him to ride
DO you say this defendant is the
same MANI"
II do"
Flow do you identify him?"
by his hands, which are very hairy,
and by his face
rs there any way by which you can
fix the time in 1897 when you saw the
man?"
"It was in the middle of May"
Crosse examined. Mr.. Dygert asked:
How did you come to come in here and
testify?"
IT saw in the papers a man had been
I had seen the man. went to the sher-
ifs office and asked to see the pris-
oner."
Can you positively identify this man
as the one you saw?'
Il am not absolutely positive. but I
feel very sure he is the one"
Mr. Dygert asked the witness if he
would be willing to hang the defendant
on his testimony, but the question was
ruled out.
Continuing the witness said he did
not remember seeing any scar on the
defendants neck, but he did see a scar
on the face.
On redirect examination the witness
said the murder took place four or five
days after the time he saw the defend
ant in Whiskey gulch.
Did you notice the partys lips?"
asked Mr.. Connolly
II did"
Were they thick?'
''They were"
us there anything peculiar about the
mans looks that causes you to remem-
Der him particularly?
"There is
"Please state what it was" put in Mr..
DyNart
"Thick lips, fiat nose and black mus
tache,' replied the witness. giving the
exact description of the defendant
Are you teSt1fylng now on the i'm
preston you got when he rode with
you. or when you saw him at the coun-
ty jail?'
while he was riding with me-"
At this time Mr.. Connolly stated
there was woman whom he wished
to call, but she was very weak at pres
ent from the effects of recent confne-
ment and he did not wish to be hard
on her, but was verv DESTROYS of TAX
ing her testimony, though an unwill-
ing witness, and he would therefore like
continuance to secure her attendance
Further. Mr.. Connolly stated that the
woman he referred to had made state
ments that day or so following the
murder of Schwade, he stated to her he
had made a stake gambling and was
going to leave the country He under
stood this woman was unwilling now to
come and testify. and he desired to nut
her on the stand. let her deny making
these statements if she wanted to and
| he would then put another woman on
the stand who would impeach hnr Mr..
Dysert did not oppose a continuance
and the case was adjourned. to next
Saturday morning al Q o'clock
The small merchants and bust less
men in the large cities as vall &C