The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-21
AN AL|B| FOR A DEFENSE
Samuel Phillips Given Prelim-
Hearing.
IS ACCUSED OF MURDER
He Is Charged With Killing Adolph
Schwade, May ~, 18o7-Dan-
aging Testim ony by Witnesses
for the Prosecution.

| The preliminary hearing of Samuel
Phillips who is accused of the murder
of Adolph schwade on May -, 1897. was
| begun yesterday before Justice Mich
| OILS. Several witnesses were examined
gave damaging testimony against the
defendant, who, after the state closed,
| took the stand, and in his defense at
tempted to prove an alibi. He claimed
| he was not in the state at the time of
| the murder and gave an account of his
| movements for three years. His testi-
| mony was not completed when the
hearing closed for the day, and an adj
journment was taken to allow his at
| torney time to send to Spokane for
proof of his statements.
Adolph Schwade, "Old Fritz" he was
commonly called, was a miner who
lived for years in Whiskey gulch, a
| mile and half or two miles southwest
of the city. He was murdered, as has
always been the belief. on May u, 1897.
A few days later his dead body was
round In tunnel on his claim, but
the search for the murderer was un-
awaiting until about three weeks ago,
when Miles Fuller, another resident of
Whiskey gulch and an old time friend
OF the murdered man, saw the man
who had always been suspected in the
Combination gambling house in this
city. He went for an officer but by the
time he got back to the gambling house
with one, the man had gone and it was
not till week later the he again saw
him and procured his arrest.
At the hearing yesterday County At
torney Connolly represented the state
and Attorney George B. Dygert ap-
peared for the defendant
II
stand as the first witness. He testified
lhat ne performed an autopsy on the
body of the murdered man and re-
membered the facts in connection there
with very distinctly, as the case had
peen such remarkable one he had
had an account of it published in
medical journal. In describing the find
ings of the autopsy, Dr.. Hammond said
the bullet entered the right breast,
fracturing the fourth right costal car
tilage, passed through the left lobe Of
Inc right lung, crossed the medium
line, pierced the pericardium, passed
through the right oracle of the heart,
passing thence down through the dia-
phragm, or stomach, pierced the con-
volution of the small intestines and
passing through the ilium, lodged in the
giuteaI region between the knee and
nip. The wound was impossible to
have been otherwise than fatal
Miles Fuller, who was the means Of
experimenting Phillips. was the next
witness for the state In giving his
testimony he said:
- II saw the defendant on the 9Th or
9th of May, 1897, in Whiskey gulch. T
took particular notice of him for the
reason that the miners found it neces-
sary to watch every one pretty closely.
Schwade lived 300 or 400 yards further
up the gulch than I did, his cabin be-
OF CHI re
the tunnel in which his body was found
on the west side. l saw his dead body
on the Tuesday following his death.
and l saw him alive on the Thursday
before he was killed. He was at that
time in his blacksmith shop, which
formed part of his cabin Later the
same day I saw the defendant coming
along the road. He was drunk, or pre-
tended to be. His trousers were torn
and he had on pair of miners shoes
He came up to my cabin. and as he
acted as though he might have YER
min, | told to keep going. I also
thought he might be taking observa-
TONS OF our sluice boxes. His counter
ance was most striking to me, and I
could never forget it.
Between and 8 o'clock on the fol-
lowing Saturday l saw the man again.
He was walking along the railroad
track and l concluded to watch him, as
our cabins had been robbed several
tlmes and l did not know but he might
be up to some kind of mischief. He
left the track and went up the gulch
and / hurried along to make sure he
was the same man 1 had previously
seen. l got within 20 or 80 feet of him
ana saw II was the same man. He
was then going in the direction of
SchWade's cabin, which was $50 or 300
yards further along. In is or 20 min
1H,k rtr Ii.
some yelling and then a shot, For
some reason I did not go up to investi-
gate, but l thought of the matter all
day and the next day I saw an under
takers wagon coming down the gulch.
Detective Murphy was on the wagon
and he said Schwade had been muir
dered.
THE next time I saw the defendant
was here in town. He was with an
other man on a wagon and I Thought
to myself he was working and I would
get to see him again. That was about
four weeks ago. A week later 1 again
saw him in Albertson & Warehouses;
gambling house, He was standing be-
hind the case keeper and l went up to
him and asked him where he had been
Keeping himself. He replied he had
been out of Butte for three years: that
he had gone from here to the coast
then to New Orleans and back here by
way OF COlOrado. / went after an Off
Ger, and when I got back he was gone
After another week had elapsed I again
saw the defendant in the gambling
house and went at once and got De-
tective Murphy and he arrested him."
Returning to the time when the un-
dertaker's wagon stopped at his place
on the way back from getting
Schwade's body after the murder, the
witness said: Detective Murphy told
me what had happened, and asked me
to go up and make an examination of
the place. l went and found among
other things, Fritz old straw hat. It
was full of blood. Detective Murphy
told me he had found several wounds
on the head and afterwards saw them
myself. They looked as though they
had been inflicted with some blunt in
strument. I examined the foot prints
of Phillips, where I had seen him, and
found they had been made by pair