The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-23

that nowhere in his testimony before
the coroner's jury were any such state
ments made by the Witness although
he was asked to narrate everything
that was said, and in his recital of the
conversations no word of profanity
passed from O'Connors lips, according
to his testimony then.
THAT upon the last trial this wit
ness, William MacCauley, testified that
when the shot was fired the deceased,
Martin O'Connor, was pressing Shad-
well against the wall, and that the ta.
BILE went right over towards and
against Shadwell, and that O'Connor
had hold of the table by the rim, and
he could see O'Connor's other hand
across the table, leaning forward.
reaching. At the coroner's inquest this
same witness testified, in relation to
these matters, that a man to the left
of Shadwell had the cards and Shad-
we'll reached across for the cards. That
thereupon O'Connor reached up and
across the table, and Shadwell threw
his vest open and draws gun on
O'Connor. That O'Connor jumped up
and got behind Johnson, and Johnson
got away from him, and that O'Con-
nor then comes back to where the table
was and got it to shield himself lit
tie, and threw his hand in front of his
face and while he had his hand in that
way Tin front Of his, O'Connor's, face,)
Shadwell fired and O'Connor fell
That at the former trial of this
case, the prosecuting officers, when
they placed this witness on the stand,
did not know anything in relation to
his character or anything about him.
And affiant further says that as to
the witness, Henry Hickman, the evil
dence of this witness on the former
trial showed that, although he was
present in the room, there was a crowd
there and he could not tell who fired
the shot, nor is he witness as to what
occurred at the time. He said he could
not tell who was holding the gun, nor
could he see who fired it, and his tes-
timony, in the main, on the former trial
was as to certain things that occurred
in the absence of the defendant. The
testimony has been covered by other
witnesses completely who were eye
witnesses of the transaction, and the
witness Hackman cannot testify to
anything material to the state or the
defense in regard to the transactions
alleged in the information. That at
the time the shot was fired he was in
the back part of the room, the occur
renee having transpired in the front
part of the room. That said Haclman
has, within the last "a hours, informed
this affiant that because of the crowd
alleged homicide he was unable to see
just what took place"
Mr.. Thresher objected to the affida-
Wit being read before the jury and Judge
Clancy read it to himself, and then
said he didn't believe the county attor-
ney should be required to call the wit
ness. Mr.. Thresher took an exception
and then made a statement to the jury
as to what the defense expected to
10 att l.
troduced to show that few nights be-
fore the shooting O'Connor told Shad-
well to cut the cards right or he would
cut him. Mr.. Thresher said there was
some question as to what O'Connor did
say. One witness says he said "or I'll
cut you" and another said cor I'll make
you fit subject for the undertaken"
At another time O'Connor, in speaking
of ShadWell, told some one he would
beat his brains out with a chair On
the night of the shooting Shadwell and
O'Connor had some words and later
ShadWell went home to deliver a key,
and before returning to the game he
stopped at a restaurant to get some-
thing to eat. When he returned to the
card room and called for his chips
O'Connor told him he could have moth
Ing and couldn't play. Shadwell took
the cards to make deal and OConnor
called him vile name and got up and
reached across the table to get hold of
him. He kept reaching for Shadwell
and fighting at him and Shadwell, re-
O'Connor's previous threats,
pulled his gun and held it fully two or
three minutes trying to keep O'Connor
back The latter threw the table up
against ShadWell and pinned him into
the corner of the room so that he could
not get out, and then the shot was fired
in self-defense
A. M. Anderson, the states last wit
ness was the first witness for the de-
Tense. He told about witnessing
game of cards between O'Connor and
Shadwell a few nights before the killing
and heard O'Connor tell Shadwell to
cut the cards right or there would be
some other cutting done. On cross-ex-
animation Anderson said he also was a
gambler by occupation.
Another gambler named "Slim" Her.
bert corroborated Anderson concerning
the threat O'Connor had made Herbert
also related a labored story of OCon-
nor's chronic cussedness, meanness and
and how he talked to the
patrons of his card table when they
tore up several dollars worth of cards
and lost only dollar or so.
Herbert said that when O'Connor
called Shadwell a he kinder
smiled On the night of the killing
O'Connor also told the witness that he
had no use for him, and the night be-
fore he offered to go into the back
yard with another man and lick him.
He also abused a tamale man, but the