Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-18
had been drinking. He seemed to
ho la l,is ,aAr1nal condition.

/ Oc III ltS III SAA
Johp Megrian g miner at the S:!"sa-
Parrot and a poaruer al the Florence
| hotel, testified to having been a witness
to the ''punch in the mouth" which Mur-
| ray is accused of having given Neary at
the ringside. Witness said he a no.
ticed Murray around the pit. ana, prior
| to the beginning of the fracas which end
ed in the s%tabbing, heard him call some
fellow a liar.
Cross-examined, he said he was friend
ly to Neary: that he was on his side at
the main. He did not TO- Murray or
any of those who We're trying to get at
Neary in the pit. Asked if Murray acted
mean in the pit. he answered yes; ana
after much solicitation on the part or
the county attorney said his
consisted Of blowing tobacco smoke into
the eyes of one Of the roosterS nShtlng IN
the pit.
John Fox. a witness for the prosecu-
ton, was also called for the defense. He
said he had not seen a knife in Neary'S
hands II that he did not hear Neary
use any profane language save repeat
that applied to him by Gibbons when tell
ing Gibbons he should not call him such
names.
Edward Liable. one of the barkeepers
on duty at the time of the %stabbing, tes-
titled that he did not see the beginning Of
the fracas. He did not know how many
people We're engaged in the scuffle. They
were all excited. He had seen John
O'Neill there prior to the stabbing.
Edward Bishop. also a witness for the
state, was called by Mr.. Cotter to tell
where the two men were STANDING when
he first noticed them. He said they We're
about the middle of the bar.
John Mcdonald, who said he was a
barber. testified that he had seen the
! men and their trouble and other trouble
in the pit. He had separated Neary and
Con Gibbons. Murray had been acting
ugly-he had blown tobacco smoke INTO
the face of one of the ROSTERS.
On cross-examination he said he came
from Pennsylvania and knew Neary
there; lived about a mile and a half from
him. The birds in battle. he SAID, were
known as the Pennsylvania n Butte.
The Pennsylvanians We're packing their
bird and the Buttes were backing theirs.
The former was getting the worst OF the
war. Murray had blown smoke into the
eyes of the Pennsylvania chicken.
The county attorney suggested the
patriotism Of Murray in wanting the
Butte bird to win.
John Mcnamara testified to the char
acter of Neary. He said it was good.
James F. Neary. a cousin of the prls-
oner, also said the defendant was all
right.
~ uyIlS "a "aA 'No
then read to the jury by the defense. after
which an adjournment until 2 O'Clock
was taken to give Mr.. Cotter an oppor-
tunity to consult with the prisoner and
some witnesses.
John kiley, a stationary engineer, tes-
titled before adjournment last evening
that he had seen Murray strike Neary
and the latter draw a knife. Several peo-
pie wanted to get at Neary, but Kiley
prevented them from doing 1t. Soon
afterwards witness had seen Murray
coming from the saloon with one hand
on his neck and the other holding his alb
domen.
Con Gibbons testified that he had bet
Neary $50 on the result Of a chicken
fight and after his bird had won Neary
r%epudiated the obligation. They had
words, and witness said he had called
Neary some names. Murray told Neary
he had made the bet and Neary replied
that it was none of his business. Murray
then struck Neary and the latter drew
a knife from his pocket. The crowd
stopped the row.
Morris Lee stated that he was in the
bar-room of the Boulevard house wher
Murray entered at the rear door. H.
was alone and walked up to the bar
Shortly afterwards Neary came in, ant
as his gait was between a run and
walk he knew he was after something
Murray was leaning against the bar talk
ing to Eakins. Witness struck at Muir
ray and witness said he ran over t.
them. brushing Eakins aside as he went
Someone called out, Look out, he ha
got a knife!' Witness saw the blade o
the knife as Neary slashed it back an
forth. Murray clasped his hands owe
his abdomen and said he was cut. Nun
ray or no one else, said Lee, struck a
Neary while they were in the bar-room.
r William Burnhart gave similar test
, mony, saying he had seen Neary ru
, from the pit to the bar-room with som
: thing bright in one of his hands.
The testimony in the case was all SUI
mitted this afternoon, the only witness
: being two men to prove the good charact
v of the prisoner. 1t was expected that Il
defendant would testify in his own b
half. but late today it was decided to n
. MT him on the stand