Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-20

a few weeks ago. A week later l saw
him in Morehouse & Albertson's gambling
house. He was standing behind the case
keeper. asked him where he had been
keeping himself ana he said he had been
away from Butte about three years; that
he had gone from here to he coast,
thence to New Orleans and back here
again by way of Colorado. I then went
after an officer to have him arrested, but
when l returned he was gone. Another
week lapsed and l again ran across him
in the same place. Detective Murphy ar
rested him.
"When the wagon containing the body
of old Fritz stopped at my place Detec-
tive Murphy told me had happened
and asked me to go up and make an eX-
animation of the place. / found Fritz's
straw hat. 1t was full of blood. Murphy
told me there We're several wounds on
the back of the old mans head and l
afterwards found them myself. They
looked as if they had been made with
some blunt instrument. l also examined
the footprints leading from the place
where l had seen Phillips and found them
to have been made by a pair of miners
nailed shoes. They led right up to the
tunnel. An examination of the cabin re-
vealed the fact that it had been searched.
Clothing which l knew the old man to
wear was missing; his overcoat among
II. lllllSS III the cdDll Idu Dtei
topsy turVy. The interior of the black
smith shop was in the same condition.
Later on Murphy found some discarded
clothing in another gulch close by and
brought them to me with the request that
l keep them until the arrest OF the man
we suspected of having committed the
crime. | examined the coat and vest and
could not say whether l had seen them
on Phillips or not, but of the pants l am
n0Sitjyp BEFORE looking at them told
Murphy of the tear in the back part and
we unrolled the bundle and sure enough
it was there, the very same tear l had
noticed in the pants worn by Philips. l
kept the clothes for a year and then
moved out of the cabin. In this way they
were lost, for other parties moved in
You say that this defendant had on
miners shoes" asked Mr.. Connolly.
Yes, sir; they were miners nailed
shoes. They looked to be the same size
as the tracks l ollowed from the gulch
to the tunnel"
Were you a witness at the
%inQuest?"
mo, sir; I was not subpoenaed.'
Are you positive that the pants you
saw on thisd defendant and the ones which
Murphy gave you We're the same?'
II am positive of it. I saw them on
Phillips when he was in the diggings, but
when I saw him going towards Schwade's
house afterwards a pair of overalls COW
cred them and 1 could see only the bot
tom Of the legs"
Are you positive this man is the same
one you saw in the gulch Oh both those
occasions?"
Yes, sir: he is the same man.
Or cross-eXaminatiOn Fuller was asked
if he had told a reporter he had recog-
nized Phillips by a scar on his neck and
a negative response was made. He said
he a seen that statement in print, but
he was not responsible for it.
Christian Buegle, also a resident of
Whisky gulch and a miner by occupation,
testified that he had zone with the under
taker to the tunnel where the body of
Schwade was found. The dead mans
feet We're bare and rested against the
face of the tunnel. The pockets of his
o~veralls We're turned inside out and there
were several bruises or cuts on the head.
A. j. Robinson. of 423 South Washing
ton street, simply testified that he had
seen Schwade in Hauswirth's saloon a
few days before he was killed.
Mr.. Fuller was recalled and asked II
he had told the officers at the city jail
at the time of Phillips arrest that Phil
lips name was Miller. He said he had
not.
Jerry J. Murphy, the city detective, tes-
tilted to the finding of the old clothing.
He said the spot at which the find was
made was about Is yards southwest of
the tunnel. Ten or fifteen feet from the
clothing a piece of paper was found, but
there was nothing to indicate that it be-
longed to the garments. The paper was
addressed to one Schneider, Park hotel,
Great Falls. 1t was sent to the chief of
police at the Falls for the purpose of
having him locate Schneider, who was
supposed to be a cook at the hotel, but
the chief could not locate anyone of that
name. The detective corroborated Full
ler's statement in regard to the rent in
the pants and added that Fuller had told
him he knew who had owned them. The
owner could be identified by a scar on his
cheek and another on his neck.
Phillips testified in his own behalf. He
said his name was Samuel Phillips; that
between the Sth and 18th of May, 1897,
he was, as near as he could remember,
in Spokane Falls. He had gone there in
the fall of 1886 and remained until the
summer of 1897. From there he had gone
to Tacoma. While in the Falls he had
worked for Street Commissioner Whis-
comb, who had given him the position
through the influence of Alderman Schil-
l., D,a,;o,, - tIot t;-,n h. loj l,on,