The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-19

ray then went out of the cock pit and
a few minutes later Neary and another
man went out. About 10 minutes later
Corbis heard that Murray had been cut,
and upon hearing it he went into the
saloon and had a drink. The witness
said he had known Murray for some
time but had never known Neary before
that day. Murray was in an ugly mood
that day and had had a quarrel with
another man before he struck Neary.
Mr.. Cotter asked the witness if Muir
ray was not a strong, muscular. active
man, but Mr.. Connolly objected to Mr..
Cotter testifying and the latter asked
the witness as to what kind of a man
Murray was physically, and he said he
was about IS years of age, strong, raw
boned and active. Corbis said JACK
O'Neil was at the cock pit at the time
the cutting was done in the saloon On
cross-examination by Mr.. Connolly the
witness became somewhat uncertain as
to some particulars. He said Neary
cried after Murray hit him. He was
asked to tell how he cried.
We'll, he made a noise and roared
like a man in PAIN he said.
He was not quite certain as to the
position of the different parties at the
time of the row or the space about the
cock pit, but he was positive that
Neary was knocked six or eight feet.
Martin Gerty testified about the af-
fray at the cock pit, but knew nothing
about the cutting in the saloon. After
Murray had struck Neary at the cock
pit the crowd tried to mob Neary, and
everybody yelled Let me get at him.
but they didn't get at him and no one
hurt him. Gerty's testimony did not
agree with that of Corbis as to the
whereabouts of Jack O'Neil. Corbis
said O'Neil was in the cock pit at the
time of the cutting affray in the saloon.
and Gerty said he saw O'Neil leave the
pit directly after the cock fight and go
to a carriage shed near by, where he
was at the time of the cutting in the
saloon.
John Marion was also a witness to
the row at the cock pit and said Muir
ray seemed to- be in an ugly mood that
day; because he had called some one
a liar before he hit Neary, and he also
blew tobacco smoke into the cock pit.
John Fox, who had testified for the
said that after Murray had hit Neary
the latter had something in his right
hand and it looked to the witness like
a bill, or piece of paper money. He
seed" no knife in his hand and hadn't
'heered' him call anyone vile names.
Edmund Liable, bartender at the
Boulevard house, testified that he saw
a scuffie of some kind in front of the
bar but did not see how it started or
who was mixed up in it and saw no
blow struck.
Edward Bishop, another bartender,
testified as to the position of Murray
when he was standing at the bar.
John Mcdonald also told about the
row at the cock pit and said Murray
was quarrelsome and blew smoke from
a cigar at one of the chickens. The
tfr1Nt 1,rt,, Ut. !
Pennsylvania chicken, and the Penn
sylvania chicken was getting the best
of it and then Murray blew smoke into
the eyes of the Pennsylvania chicken.
He was at least patriotic and want
ed to see the Butte chicken win,'' said
the county attorney.
Yes, he was patriotic" said the wit
ness
John Mcnamara and James F. Neary,
the latter a cousin of the defendant,
testified to the previous good reputa-
ton of Neary.
The dying declaration of Murray was
introduced in evidence by Mr.. Cotter
for the purpose of contradicting some
of the witnesses.
| Mr.. Cotter expected to put on several
more character witnesses, but they die
| not appear and he closed the case with.
out putting the defendant on the
stand. There was no rebuttal testi.
mony offered by the state and C. F
| Kelley, chief deputy county attorney
opened the argument with brief sum.
ming up of the evidence in behalf of the
| state. He was followed by Mr.. Cottel
for the defense, who, among othel
things, maintained that it had not beer
shown that Neary had a knife or tina
| Neary cut Murray. Mr.. Cotter said h
did not believe that Neary did it, anc
that if he did do it, he was driven to i
| by the acts of Murray.
County Attorney Connolly closed tn,
arguments with one of his very fair I'd
dresses. He said the only evidence thu
defense presented that Neary acted i,
self defense or that Murray strucl
Neary in the saloon was the testimon,
of Pat Jennings, and he did not believ
that Jennings was in the saloon at ell
for all other testimony contradicte,
him. There was plenty of evidence tina
Neary had knife in his hand and hi
own admissions to the police that ii
had to do it" and that he acted in Sc!
defense was sufficient proof that h
stabbed Murray.
1t was nearly o'clock when the ar
| guments were concluded and Judg
Clancy announced that he would in
struct the jury at o'clock this morn
ing.
For catarrh of the head, throat an
stomach, try Clarke's Rocky Mountai