Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-05
1t is Progressing Rapidly In
Department 2.
THE STATE WILL FINISH
Its Side Today and the Defense Will
Then Have An In
ming.

LOT duty, one TO take the place or Or.
Dyer, who became i'll Saturday. was Sc
N-ed today to complete the twelve
needed in the trial of the case of the
state against John Hesley, charged with
having killed John c. Currie with a club
last June for having interfered with his
domestic relations. The last of the three
was accepted, making the jury as fol-
lows: j. r. Mckenzie, Christ Christian
sen, T. j. Trull, E.. O.. Norris, John Cd
gers, James Garvin, Thomas Trewin, w.
I. Jennings, w. H. Bergman, Thomas
Rowe, Sam Johnson and r.. H. Wearing.
DR.. F. j. Sheerin was the first to give
testimony, but what he had to say re-
lated to the injuries on Currie's head.
j. NJ. Alexander, also a doctor. said he
had examined Currie's wounds and found
his skull had been fractured. When the
witness assembled the stand he held in
his hand a small blue box. 1t was at
first thought that the box contained
matches, but at the proper time in the
narrative the witness opened it and took
out half a dozen pieces of skull which he
said he had taken from Currie's head.
He considered he had lone all he could
for Currie. His death had resulted from
the effects Of hemorrhage of the brain,
which had been caused by a blow. He
had observed only one general fracture
of the skull.
The deposition of Michael Corners was
read. 1t showed that Connors, Currie
and one Connah had been drinking in
Centerville on the day of the tragedy and
had visited the house of a Mrs. Decker
near the old Mahoney boiler works in the
southeastern part of the city. They had
met Mrs. Hes!ey there. The can had been
rushed and by and by Currie and Mrs.
Hesley had turned up in the l%atter's
house. There the row started which. re-
suited in Currie being struck on the head
with the club.
w. w. Pennington, a civil and mining
engineer, submitted a map of the prem
Uses on which the trouble broke out and
where it eliminated, near the corner of
Platinum and Arizona streets.
Fred Clifford, a rOOfer by occuDatiOn.
said that on June Fl, On which late the
tragedy occurred, he was rooming at 44O
Ohio avenue About II o'clock on the
night of the date mentioned he had seen
two men running down Arizona street.
One was in the lead, but the other was a
good second. The latter had a club in
one hand. He thought the club was about
two and a half feet long and two and a
half inches in diameter.
The club alleged to have been used by
Hesley was produced and shown to the
witness. 1t was about two feet long and
three inches in diameter.
Clifford said he had followed the pair
and had seen Hesley strike Currie on the
ribs with the club. Some one told Currie
he had better get out of there or he
would get hurt, and Currie said he
wanted his hat. He got the hat and
started to run west on Platinum street.
Hesley had gone in pursuit and on over
taking Currie struck him on the head
with the club. The blow knocked Currie
down and Hesley then struck him two
more blows. BY and by two or three
other persons came along and Hesley re-
marked to one of them, you are an
other of the clique and struck him with
his fist.
Mrs. Celia Decker, at whose house the
parties had first met, told her story of
the affair. She had known currie five
years and Hesley six months prior to
the killing. On the Monday before the
trouble she had seen Currie and Con-
nors in Mrs. Hesley's house. On Tues
day Currie had visited her and on
called. They had a pint bottle full of
whisky, which they placed upon the
table. Currie stayed only about five min
utes and then went to Hesley's house.
Witness and the others had ollowed
later. Currie was asked to play a flute
" ~ '' OK = AisIt, Dul 'uIIIe Sdlu
he could not do it. He tried to play, and
Mrs. Hesley, in the presence of her hus-
band, meddled with tho instrument, TAX
ing it out of his hands. After being in
the Hesley house some time, witness said
she had called the attention of the party
to the fact that Mr.. Hesley worked hard
and was probably tired and would like to
retire for the night. She had then taken
the hats belonging to Conahan and Cur
RE and left the room, going to her own
house. In a few minutes the two men
had called on her for their hats. She de-
livered the goods and told them to go
home, as Mr.. Hesley wanted to go to
bed. She had told them they would get
into trouble if they returned to the Hes
ley house.
WAS Currie drunk?' asked Judge
Clancy.
flute"
"What do you all drunk?' continued
the judge.
IT suppose it's when a nan staggers
and isn't SOBER"
w. Stear of Ogden, Utah. who was
on duty as barkeeper at the Copper State
near the scene of the tragedy, on
the night of the trouble, testified to hav-
ing seen Hesley deliver the blow that
killed Currie and also saw him down IN
other man at the opposite side of the
street. After hitting Currie he had
heard Hesley say, 1.-The next time you
do it I'll kill YOU"
Currie had entered the saloon and
washed himself and then fell uncon-
scious.
George F. Birch, also. of Utah., gave
testimony. He was in the Cop
State saloon at the time of the al
legged assault. Some one he called
Louie" had gone Up town in search of
policeman, but after twenty minutes
search returned to the saloon without
found one.
On cross-examination the witness said
he had come all the way from Ogden at
h request of the sheriff to testify in