The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-18

as to the certainty of approaching
death.
Judge Clancy overruled Mr.. Cotter's
objection and the doctor testified that
few hours before Murray's death he
| requested others to leave the room and
he then informed the wounded man
| that he would have to die that there
was no possibility of his recovery and
that he had better make a statement.
Murray replied that he thought he
would make a statement.
Rev. e. J. Groeneveld, pastor of the
First Presbyterian church. was the
next witness and testified that Murray
had been member of his congrega-
ton. The witness was called to attend
Murray's bedside at the hospital on
Jan. T. the day on which he died. After
DR. MacNevin had a talk with Muir
ray, the witness and Neil Macdonald
went into the bed room and Murray
made statement, which was taken
down by both the witness and Mac
Donald, and was afterwards copied by
the witness and signed by himself and
Macdonald. Before making the state
ment, Murray asked the minister to
pray for him and said he believed he
was dying. The witness asked him if
he made the statement in the belief
that he was about to die and Murray
said he did The written statement
was identified by DR.. Groeneyeld and
he was then asked to refresh his men,
DRY from it and tell what statement
Murray made Mr.. Cotter objected on
the ground that as the statement had
been reduced to writing it was the best
evidence. 1t appeared that the written
statement had not been signed by Muir
ray and was itself not proper evidence.
and Mr.. Connolly therefore said he did
not desire to introduce it in evidence,
but prove the dying declaration by oral
testimony. AS the witness said he
could give the substance of Murray's
statement without refreshing his mem
Org, the court sustained Mr.. Cotter's
objection, and DR.. Groeneveld testified
that Murray stated that he was at
cock fight at the Boulevard house on
the preceding Sunday, and after a GER
tain fight Neary INDUCED in some loud
talk because he had lost some money
and called all those about him vile
names and Murray struck him on the
mouth with the back of his hand. He
did not know Neary's name at that
time. He then left the room and went
into the saloon and was drinking with
some friends at the bar, when some one
came up behind him and stabbed him
in the back. He turned and faced his
assailant and was stabbed in the abdo-
men, The man who stabbed him was
called Neary by those around him,
Neil A. Macdonald, a hrother-in-law
of Murray, was present when the dying
declaration was made and gave testi-
mony similar to that of DR.. Greene
weld.
Mr. Cotter made a motion to strike
out the dying, declaration, but it was
overruled.
John kiley testified that he saw the
affair at the cock nit and after Murray
struck Neary the latter pulled knife.
He was held a few moments until
Murray left the building and was then
released. few minutes later the wit
ness met Murray coming out of the sa-
loon and was holding one hand on his
abdomen and the other on his neck and
said he had been stabbed. He went up
stairs to room and the witness tele-
phoned to Murray & Freund's hospital
for an ambulance, but thew demanded
a guarantee and. the st. James ambu-
lance was sent for.
Con Gibbons, the man with whom
Neary had the dispute about bet,
next.Itestifed. They bet $40 and Neary
held the money and after he lost he
denied that he had made a bet with
Gibbons. They had some words. and
Murray spoke up and said Neary did
bet, whereupon Neary called Murray
some names and Murray hit him.
Neary drew knife and several men
held him until Murray had left the
building. Murray had hit Neary hard
enough to cause his teeth to bleed.
P. F. Jennings. who was also wit
ness for the defense. was put on the
stand by the prosecution and SAID ne
attended the cock fight and afterwards
returned to his saloon on Park street.
Several police officers came in and in
uuired for Neary and the latter soon
came in and gave himself up.
On cross examination, Mr.. Cotter
asked the witness to tell all about the
ARRAY at the Boulevard house, put an
objection to it was sustained on the
ground that it was not proper cross.
examination. The witness did say that
he was under 5000 bond to appear as
a witness for the state
Norris Lee, the next witness. waa
the first to testify to the actual stah-
bing itself as an eye witness. lie sa1d
he was in the saloon and saw Murray
come in. He was alone and walked UP
to the bar. few minutes later Neary
came in. FIe was half running and
Lee thought he was after something.
Murray was leaning on the bar at the
time and talking to John Eakin. Neary
went up to Murray and struck at MIN
and Lee rushed over toward me, When
some one cried: Look out he has got
a knife" Lee saw the blade of a knife
Mary held in his hand while he was
striking at Murray. The latter put his
hand on his abdomen and said he had
been cut He was taken to a room up
stairs and a doctor was sent for. Muir
ray did not strike at Neary in the sa-
loon. r.xs. s4sg o..
William Burnhart testified that he
was in the saloon at the time of the
row at the cock pit, but he went to the
latter place directly after and saw
number of men holding Neary. The
latter got away from them and ex-
claimed that he was desperate and
started on a run for the saloon. The
witness followed him, but there was
such a crowd in the saloon that he
could not see what took place. When
Neary ran to the saloon he had some
thing in his hand which looked to
Burnhart like a knife.
At the conclusion of Burnhart's tes-
timony, Mr.. Connolly had no other wit
nesses present. and upon his statement
that he wished to look into the law in
regard to the states duty to put all
eye witnesses to the homicide on the
stand, an adjournment was taken until
this morning. In previous murder