Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-21

- go AhO a Sot Oul ~ lit
way and O'Connor tipped the table up
and tried to get chine it to protect him
self. AS he did SO Shadwell, who was
holding the gun in both hands, fired.
Shinborn was asked if prior to the
shooting O'Connor had made any hostile
demonstration towards Shadwell. but the
defense objected to it on the ground that
it was leading and was sustained by the
court.
Cross-examined, shinborn said O'Con-
nor weighed about It's or $50 pounds. He
had been playing in the game, but quit
and devoted himself to looking after the
rake off.
What do you mean by the AXE off %
was asked.
Percentage
ION pairs, two pair, threes and So
forth?''
Asked if he had heard O'Connor call
Shadwell a little 49, and add
that he would hit him on the head with
a chair, Shinborn were in the mega
tive.
Mr.. Thresher asked the witness several
questions relating to the custom among
gamblers in regard to leaving their chips
on the table and going out. He wanted
to know If 1t was the usual thing for one
player to take another's chips and cash
them during the others absence and the
witness aid he did not know; that he
never left a game until he got broke.
Charles Macdonald of Granite, who at
the time of the killing was a resident
of this city, testified that he was in the
card room when the cub between
intimation he had of a disagreement was
when O'Connor said to Shadwell: Il
want you to deal those cards from the
top, not the bottom. If you don't deal
right you can't play here. I'll put you
where they don't play cards."
Witness said that Shadwell said moth
ing in answer to this, but arose from the
table and left the room. By and by he
returned and after a few preliminaries
the shooting occurred. Shadwell, he
said, then circled the table and when
he arrived at the point where he, wit
ness, was standing he caught the gun and
wrenched it from lin. There We're ten
or twelve persons present at the time.
The Northern Pacific Railroad COM
pany, through it's attorney, William Wal
lace, Jr., of Helena, filed in the district
court yesterday a complaint against the
Youlden Grocery company, consisting of
Pat Mccarthy and d. H. Connell: and
James Sheelan and Mrs. James Sheehan.
In the document the plaintiff alleges tina
Mrs. Sheehan is the wife of Sheehan and
was q boarding house boss of a section
mouse on pia1nt1fI s road IN this county;
that on Oct. 2 of this year the Youlden
Grocery company caused to be served on
William Gemmell. station agent. a GER
tain order directed to the plaintiff for the
payment to the grocery company of all
moneys due her from the plaintiff, for
any reason whatever. for the months of
September and October: that attached to
the order and properly cancelled was a
tWo-cent revenue stamp; that the grocery
company is now making a claim for said
that on Oct. 10 the grocery COM
sued the Sheehans in a justice court
to recover judgment for $40 n pro-
Cured a writ Of attachment against the
property of the defendants; that on the
list an attempt to serve the attachment
was made against the moneys in the
plaintiffs hands, but the Sheehans also
claimed it: that the claims are conflict
ing: that the Sheehans are no longer in
the employ of the plaintiff: thai plaintiff
is willing and DESTROYS Of paying the
money to its rightful wners, but does not
the right party. 1t asks the court
to con1pel the grocery company and the
Sheelans to settle the matter between
themselves and draw down S195. so, which
1t will deposit with the court in order to
rid of the matter.