Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-27

Richard Baker, charged with the MUIR
der of Thomas C~avanaugh, was also set
at liberty by Judge Clancy this morning.
The motion was made by the county at
torney, who said there was no testimony
on which the defendant could be con-
victed. He then made the following
statement of the case to the court:
1.-The defendant, Richard Baker, was
arrested charged with the crime of muir
dering one Thomas Cavanaugh. There
were no witnesses to the crime, if any
was committed, except the defendant
and the deceased. The defendant, at the
preliminary hearing, made a statement
to the effect that Thomas ~Cavanaugh
came to his cabin, at 90 East Silver
street, on the 18th of September, 1898;
that the defendant was asleep in bed at
the time, his roommate having left early
in the morning to go to work, leaving
the door unfastened; hat about 7 O'Clock
the defendant awoke and found the de-
ceased in his room, a stranger to him,
sitting on a chair doing: hat he got up
and went over to the deceased and shook
him and asked him what he was doing
there and told him to get out, and if he
didn't get out he would go and get a
policeman. The deceased thereupon
started towards the door and shut the
door, turned upon the defendant and
said: You -, l have got you
now. anu asked where MS nat was. Inc
defendant told the deceased that he had
] his hat on his head, and the deceased,
still assuming a threatening attitude, the
defendant tried to get past him and out
of the door; that thereupOn the deceased
struck at him and a scuffle ensued and
the defendant, not knowing the man nor
what his purpose was in the ca bin, was
in fear of him; that the defendant was
a small man and the deceased a large
one; that during the scufiie a knife lay
on the table in the center of the room
and an ak in the corner; that the defend
ant during the scul1le picked up the AK
to defend himself, and as there was not
room enough to strike with it the de-
PENDANT gave the deceased a showing
blow on the head.
There is no evidence in the transcript
of the preliminary hearing as to what
the deceased said at any time in regard
to the affair, except the one statement
that he remarked to one of the witnesses
that the less said about the matter the
better, but an inquiry of other witnesses
as to the statements made by the de-
ceased when not under a sense of i'm
pending death shows that such state
ments are adverse to the state and in
favor of the defendant. Such state
ments were to the effect that the de-
ceased said, while in the hospital suffer-
ing from his injury and before his death
that it was his own fault and he had
brought the trouble upon himself.
There is no evidence to establish any
thing on the part of the state, except
some statements made by the defendant
to parties Immediately after the trouble
as to what lac happened, and these state
mentS are not sufficient upon which to
base a prosecution.
1.-The county attorney herewith sub
mits to the court with his motion a tran
script of the testimony taken at the pre-
liminary hearing"
The case of the state against Patrick
Quinn, one of the men engaged in the
hold-up of the Copper State saloon on
the morning of December %, came to an
abrupt termination in Judge Clancy's
court today. The trial was to have been
commenced, but when the court called
the number w. J. N~aughten, Quinn's at
torney stated hat Quinn desired to
change his former plea of not guilty to
one Of guilty. Answered if he wished to
be sentenced right away, Quinn answered
no that he would wait until the ex-
piration of the statutory tine-two days.
Judge Clancy then told the prisoner he
would pass sentence Monday morning.
John r. Bordeaux has instituted suit
for divorce against his wife Ella, the