The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-24
is READY FOR ARGUMENT
Testimony in the Shadwell Case
Is All In. =
A DAY FOR THE DEFENSE
Evidence Put In to Show That the KILL
ing Was Done In Sell Defense.
Shadwell Was in
Corner.

The introduction Of testimony in the
Shadwell murder case was concluded
yesterday. The arguments will be made
| to-day, and the case will probably be
| submitted to the jury this evening.
| Blake Hammer, a miner from Jeffer-
son county. one of the new witnesses
| for the defense, was on the stand when
| the trial was resumed yesterday morn
ing. He said he met Red" O'Connor
| the day before he was killed and O'Con-
nor told him he was running a game
in the rear OF Kelly & Egans saloon
and asked him to come, in and play
Hammer asked him who played there
and O'Connor mentioned some and
among others named Shadwell and
added there was a little - = - and
that he intended to take chair to him
| and beat him to death. On the night
OF the shooting, Jan. Ii, Hammer Wis
tied the place, but did not remain long,
because O'Connor was SO abusive that
he feared there would be trouble.
The testimony of Jake Barrett, given
at the former trial Of Shadwell was
read to the jury, as Barrett has since
the former trial been killed.
\ George Smedley another new witness
| for the defense, testified that he heard
| O'Connor threaten to pull somebody's
| nose, but he didn't. Smedley gave prac-
| tically the same account of the killing
as the other witnesses for the defense
OConnor made grab for Shadwe1l
and pushed the table up against him
and then Shadwell pulled his gun and
O'Connor got behind Johnson, one of
| the players, but Johnson got out Of the
way, and O'Connor then pressed the
table UP against Shadwell In the corner
OF the room, but when he was asked,
0G.6y "A 1SxHa f{rk, 1x~kN AT
how table four or five feet wide could
press him into corner Mr.. Thresher
objected on the ground that 1t was
calling for an argument from the wit
ness. The objection was overruled, and
the witness then changed his testimony
| and said he did not mean to say that
the table was pressed against Shad-
well. Smedley said Shadwell held his
| gun, weapon about IA inches long, at
almost arms length; O'Conr1or was on
| the other side. Of the table, which had
been tipped up on It's edge. and there
was ls distance of only about two feat
between the two men, yet O'Connor
was unsuccessfully trying to reac Oh
Shadwell or his gun. O'Connor was
standing between the legs Of the up
turned table and when he was shot
he fell forward on his face and outside
the legs Of the table. which were ahous
three feet long. O'Connor, who, he
was standing nearly straight up, yet
the bullet hit him somewhere in the
head, the revolver being held out by
shadwell about the middle of his owl,
breast. Smedley made those somewhat
remarkable statements, but he did not
attempt to reconcile them with each
| other. . s..a3
The only way Shadwell could get out
of the corner was by climbing over the
table," said Mr.. Connolly.
Yes, sir" answered the witness.
And the only way the table could
get out was by climbing over o'Con-
nor?". >--.-l.=5 .t- dr.
cit could get out to one side" said
Smedley.
O'Connor was very abusive to his Gus
toners, said the witness. Snedley
stated, in answer to q question by Mr..
Connolly, that he had talked the mat
ter over with Anderson, with whose
| testimony his own agreed.
John Albright testified that he was
in O'Connor's gambling room for few
| minutes about three hours Def ore the
shooting and heard him quarrel with
some one. O'Connor had been drinking
and when under the influence Of liquor
was quarrelsome.
| Bob Shadwell. the defendant was
| next put on the stand and told prae-
tically the same story OF the quarrel
| and the killing as was told by several
of his witnesses. and told better story
! than he had related at the former trial
| He said that after O'Connor threatened
to hit him with chair or send him
| where they didn't play cards, he played
out his hand and then left his chips
and overcoat behind and went out to
| get lunch and to deliver a key to his
brother, Joe shadwell. When he re-
o'Connor said Don't give the id
little anything" shadwell said
he picked up the cards and O'Connor
Jumped up and made grab for him
and pushed the table over against him.
me defendant then pulled his gun and
tried to stand him off but he Kept
coming on and the fatal shot was fired.
on cross-examination Shadwell gave
an illustration of how he carried his
big gun at the front waistband Of his
pants, with the muzzle in a deep watch
pocket. He denied that he went out
purposely to get the gun and claimed
| that he always carried it for protec-
ton.
What Is your business, Mr.. Shad-
well?' asked Mr.. Connolly
Il am gambler"
How long have you been engaged
in that business?"
"Seven or eight years"
Shadwell said he carried the big CUR
for about four years. He carried il for
protection, as he was out a great deal
at night, and usually carried considera-
BILE money.
Did you carry it for use in a gam
bling game also?"
mo, sir"
shadwel said that after O. Conner told
him he would put him where they did
not play cards or take chair to him,
he played out his hand, and then went
out to give the key to his brother and
get lunch, after which he returned to
the game, and wanted to continue play
ing, although he was afraid of O'Con-
nor
why did you go back if you were
afraid of hin?' asked Mr.. Connolly.
Because l had money In the game
Shadwell said he very frequently left
the game to get something to eat. be-
cause game of poker often lasted TOR
"a or As hours or a week He said he
himself sat in game that lasted 40
hours. The defendant said he thought |
he had as good a right to play at O'Con- |