The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-24

night, and be said he could. Mcdonald
said he did not testify at Moore's pre-
liminary trial, though he had thought
about having seen Moore as soon as
the latter was arrested for the robbery.
He didn't want to get mixed up in the
case ana didn't want his name to APP
pear in the newspapers in connection
with it.
Thomas Neenan testified that he had
known Moore for three years and had
never known him to wear a long over
coat. He saw him in Walkerville on
last Christmas night, about 10 or II
o CLOCK, that was an hour or two be-
fore the shooting at the Brick saloon.
Neenan did not know where Moore was
at the time of the shooting. There We're
i've shots fired. one in front and four
in the rear of the saloon.
On cross-eXamination by Mr.. Con-
molly, the witness said he was born in
Virginia City, New. and was a miner
by occupation, but worked only about
six months in a year. He was present
at the Brick saloon SHOOTING. but Moore
was not there. The witness was with
the party who fired the shot in front of
the saloon. but he could not tell in what
direction it was fired. whether in the
air or into the ground. The only per-
son in sight at the time was man
who was leaning against a post, and
the shot was not fired in his direction
and he was not hit or the witness would
have known it.
1t was Moore's claim at the time he
was arrested that he was hit by the
shot fired in front of the saloon
The defendant went on the stand and
gave fishy story as to his movements
on the night before Christmas and as
| to how he got the bullet wound in his
| leg. He said he went to the California
| Brewery on Christmas eve and got
RI mr. Unl t11n
the Clarence hotel. He was awakened
| by two men who were fighting in his
| room. He got up and took breakfast and
| then went to the Workingmen's Home
| lodging house, where he slept until near
noon, after which he did some more
drinking around town and in the even
ing he went up to Vaudeville AND
drank some more. With three other
men named Gleason. Kelley and Quinn
he rushed the can" back of the Brick
saloon. One of the men had bottle
of whiskey and they got to fighting over
it. One of the men pulled a gun and
shot at one of the others, but the bullet
struck Moore in the leg. That broke up
the party and he went to the Palace ho-
tel to fix up his leg and later went down
town. After that he boarded at a place
in Centervile and later removed to
Mullins, now Gavin's, boarding house,
where he remained until he was arrest
| ed. AT the time of his arrest Moore
told the officers that he was shot by a
| stray bullet which came through the
| front door of the Brick saloon as he
| was passing on the sidewalk on the OPP
| posite side of the street. When he
| learned afterwards, however, that the
| shot from the saloon went into ceiling
| where the bullet was afterwards found,
| it became necessary to make up a diff
ferent story, and the fabrication about
| the fight over a bottle of whskey was
| the result
The only witness in rebuttal was MI
| Dye. who was recalled to testify that
mems lodging house on Christmas
| morning he was sober.
Chief Deputy County Attorney KEEL
ley made the opening argument to the
| jury for the state. 1t was his first ap-
pearance in a criminal case in the dis
| trict court, but the able manner in
which he handled the case would not
have indicated it.
G. w. Taylor followed for the defend
ant and County Attorney Connolly
| closed for the state. The jury retired
about 5:25 o'clock and after they had
| been out short while several of the
| jurors got hungry and were taken to
| supper 1t only took them few min
| utes after their return to arrive at a
verdict. The punishment was left to
the court and. as the defendant waived
| time for sentence, he was given the
maximum for robbery. Good behavior
will reduce his sentence from 90 years
| to II years and three months.