Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-06
Should Go to the Jury About
4:30 Today.
THE CLOSING ADDRESS
Commenced at 2 O'ClOck-The In
%StructiOnS to Follow and Then
the Verdict.

idllu ploSItSS yesterday III llC tflal OF
the case of the state against ohm Hesley.
charged with having broken the skull of
John c. Currie with a club on the night
of june q last, for when 5 o'clock was
announced all the testimony had been adj
duceu and the matter was ready for
argument. The prosecution closed it's
side shortly after 8 o'clock. Among the
last witnesses for it was John Day, who
a teW years ago was arrested, tried and
acquitted of a charge of having assisted
his uncle, William Day, to break the skull
OF a man named Lee with a hammer in
Meaderville. William was convicted and
IS now serving a ~siNty-year term in the
penatentiary. Day testified yesterday
that he and Fred Clifford were together at
the time Hesley assaulted Currle. He
had given Hesley the stick of wood with
which the blow was struck and Hesley
had said he would take it home for fire
wood. Day said he told Currie to go
away or he would get into trouble and
! CuIrie walked along Platinum street, but
returned for his hat and said he would
nave it or know the reason why. He then
started down the street again and Hes
ley went after him with the club. On
overtaking him he knocked Currie down
with the club. Hesley. he said. ioked and
laughed on the way home.
For the defense several persons testi-
fed to the good character of Hesley,
among them d. Dorais, j. D. Dawson,
George English and John Davis.
Hesley testified in his own behalf. He
said that on the evening of the tragedy
he a returned from his work about S
o'clock. had supper. and then spent an
hour or two UP own When he reached
his residence again he found there three
m~en-Currie. Connors and Comedian. He
I had seen Currie only once before and then
had not asked him to call at his house.
Comedian was drunk and Connors went
after some beer. When he got back
they drank the beer. While the men We're
there Mrs. Decker came in and old them
that he, witness, was a hard working mar
and it was time for them to go. Come
han and Connors left, but Currie sat still.
He talked to my wife," said Hesley.
Il old him to go instantly and he asked
me what in - l had to do with the
house. l got pretty mad and opened the
door and told him to get out. | reached
for him and he struck me. after which
he went out, saying he would fix me. He
came back, however, and | went for u
policeman, but did not find one. When T
reached home again Currie was talking
to my wife and | took a stick of wood
and chased him out of the house. I fol-
lowed him to Arizona street and struck
him with the stick"
Hesley further stated that Currie had
used language in the presence of his wife
that he did not approve of and otherwise
conducted himself in an unaeeomin@
manner He admitted having told Curric
he would kill him if he did not stay away
from the house.
The argument was commenced shortly
after 10 o'clock this morning, Con Kelly
of the county attorneys office taking the
floor first. He merely reviewed the testi-
mony and gave it as his opinion that
Hesley was not justified in killing Currie
and could not justly colne into court and
say he had not intended to kill him. He
| expressed the belief that the blow which
hlotted out the life of Currie was as cruel
as had ever been dealt in the history of
criminal JURISPRUDENCE and the defense
had put up as lame an excuse for it as it
| possibly could.
John N. Kirk, the defendants attorney,
folloWed the prosecutions first half. He
referred to the fact that up to the time
of the killing Hesley had been a hard
working man and a good citizen and
| there certainly had been cause and JUS
tification for his offerse. AS TO the condi-
ton of currie at the time, he knew not.
but he was sober enough to get out of
the house when ordered to do so. Hes
ley, he said. had done more by that one
| act to protect the home than all the law:
he had served notice on the public that
the home was his and persons like Currie
must stay away from it. He called the
attention of the jury to the fact that
Hesley had sought the protection of a
policeman, but could not find one. He had
left Currie in his yard and when he re-
turned found him in his house talking to
Mrs. Hesley.
Mr.. Kirk talked until nearly ~ o'clock
and an adjournment until 2 was then
taken. Mr.. Connolly announcing that he
would begin his talk at that time.
The case was due to go to the jury
about 4:30.
Don't miss the free musical treat and
champagne punch at the Finlen-Medin