The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-21

OF miners shoes with hob nails in them.
Ihey led right up to the tunnel where
the body was found. On examining the
CABIN, | found it had been searched
ana clothing had known the old man
70 wear was gone, his overcoat, among
other articles of apparel. Everything
IN the cabin had been turned upside
down and the blacksmith shop was in
the same condition. Later on, Murphy
round some discarded clothing in an
other guich and brought them to me to
Keep Till the man we suspected of the
murder had been arrested. / examin-
ed the coat and vest and was uncertain
as to whether l had seen them on Phil
lips or not, but of the trousers, was
positive. Before l looked at them, I
told the officer if they were Phillips
we would find tear on the back, and
on unrolIing the bundle, sure enough
1t was there. I kept the clothes for q
year and when I moved out of the cab
in / was then living in, they were lost"
Are you positive the trousers you
saw on the defendant were the same
ones Officer Murphy gave you?" asked
Mr.. Connolly.
Yes, sir, ! am positive. l saw them
on him when / first saw him in the
diggings. but when saw him going tc-
wards Schwade's place he had a pair
OF overalls over them. and I could only
see the bottoms of them, replied the
witness
Are you positive this defendant is
the same man you saw on both occas-
ions?"
Yes, sir, he is the same man.
Cross-examined by Mr.. Dygert, the
witness was asked if he had made a
statement to the reporter at the time
of Phillips arrest that he recognized
the man by scar on the neck. The
reply was that he had not, that he mad
seen that statement in the paper, but
he was not responsible for it.
Christian Buegle, another miner from
Whiskey gulch, testified to going to the
tunnel where the murdered body of
Schwade was found. The body lay on
the ground with the feet bare and rest
ing against the wall. The pockets Of
the clothes were turned inside out snd
there We're several wounds on the head.
A. ]. Robinson of 423 South Washing
ton street was called. He merely testi-
fed to seeing Schwade in Hauswirth's
saloon few days before the murder,
and Mr.. Fuller was then recalled and
asked if he had not told the officers
at the city Jail that the defendants
name was Miller. He said he had net.
City Detective Jerry j. Murphy was
next called. In giving his testimony,
he said he found the bundle of discard
ed clothes referred to by Fuller, about
10 yards from the tunnel where
Schwade was murdered. A few feet
away a paper addressed to one
Schneider at the Park hotel, Great
Falls, was found. This was sent to the
chief of police at the Falls for the our
pose of endeavoring to locate Schneider,
but he was never found. The witness
corroborated Fuller's testimony con-
corning the tear in the trousers and
added that Fuller had told him that he
knew whom they belonged to and that
the man could be identified by a scar
on the neck and another on the cheek.
The state rested and Mr.. Dygert call
ed Phillips to the stand in his own be-
half. His evidence was in the line of
an alibi. He said that as near as he
could remember, he was in Spokane he
tween the Sth and 18th of May, 1887
He went there in the fall of 1896 and
remained there till the spring of 1897.
From there he went to Tacoma, While
in Spokane he worked for Street Com
missioner Whichcomb, who had given
him the job at the solicitation of Abra-
ham Schiller, an alderman. While in
the employe of the street commissioner
at Spokane. he had signed the pay roll
which could be ascertained by writing
to Spokane. Three years ago he was
in Butte and worked at anything he
could get to do. He worked for J. w.
Bell and j. F. Kelly, the merchant who
committed suicide. He was working
for him at the time of his death. In
1896 he went to Helena and from there
went to Spokane. There he applied to
the Hebrew Aid society and the mem
bers got Schiller to get him the job.
Cross examined, the witness said he
was SO years of age; that his home was
in New York; that he came west lust
after the worlds fair, and that he was
of Jewish nationality.
Are you sure you left Butte in 1882"
asked Mr.. Connolly.
II am replied the witness.
At this time Mr.. Dygert asked for a
continuance to enable him to commun-.
icate with Spokane parties, and an ad-
journment was taken to o'clock this
afternoon.
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